POJS + CIVIL LAW

• fairness pos - an impartial 3rd party accross ADR
• fairness pos - VCAT/ CAV offer low/ no cost options promoting participation
• fairness neg - ADR processes are confidential = not transparent
• fairness neg - not all cases are appropriate for low cost dispute resolution methods
• equality pos - everyone is equally able to have standing to sue
• equaity pos - everyone can request a jury
• equality pos - parties have equal opportunity to present sides of case across civil justice system
• equality neg - not everyone can afford a jury
• equality neg - VCAT/CAV has limited jurisdiction
• accessibility neg - some people cannot access these services due to location, disability etc.
• access pos - lawyers in court represent individuals
• access neg - juries lack info about certain areas of law
• access pos - interpreters for people with ESL
• access pos - CAV is free
• access neg - geographic restrictions on rural/ remote people
• One way that the civil justice systems promotes fairness is that VCAT and CAV offer low/ no cost options
• VCAT and CAV are organisations that assist people to resolve their civil disputes without having to go to courts.
•  VCAT is low cost and CAV is completely free, this can promote individuals are able to participate in the civil justice system as they are able to afford these types of dispute resolutions. 
• one way that the civil justice system does not promote fairness is that their ADR processes are confidential
• Meaning that what is discussed during mediation and arbitration cannot be disclosed publicly, which doesn’t uphold the fairness principle of the civil justice system being transparent.