AOS content

• civil disputes are resolved through

  • Alternate dispute resolution methods (ADR)
  • Tribunals (VCAT, CAV)
• mediation is a cooperatie method of dispute resolution that involes a point problem-solving process where parties in conflict sit down and discuss issues and reach a mutual agreement with the help of a 3rd party facilitator known as a mediator
• a mediator does not make suggestions about how to solve the problem, but rather ensures respectful conversation
• in mediation, parties decide what the non-binding outcome will be as a result of the voluntary process
• mediation is an appropriate dispute resolution method when there is an ongoing relationship between the parties that are willing to cooperate to reach an agreement
• mediation is considered an innapropriate dispute resolution method when the dispute requires an interpretation of the law and if the parties are not willing to attend the process voluntarily
• conciliation involes dispute resolution between parties with the assistance of a 3rd party ultimately working towards an agreement made by the parties
• conciliation involes an impartial 3rd party that makes suggestions about how to solve the problem while facilitating a voluntary discussion between parties that ultimately decides what the final non-binding outcome will be
• conciliation as a dispute resolution method is appropriate when the parties have an ongoing relationship and are prepared to meet in a spirit of compromise in order to stick to any agreement reached
• conciliation as a dispute resolution method is found to be innapropriate if: the parties experience overwhelming emotions that might interfere with the negotiating process or there is a history of violence

  • the parties experience overwhelming emotions that might interfere with the negotiating process there is a history of violence
  • there is a history of violence
  • parties are unwilling to reach a mutual agreement
  • a gross imbalance of power
• arbitration is a method of resolving disputes without the formalities of a court process, where an independant 3rd party will listen to both sides before making a binding decision on the matter
• arbitration is found to be an appropriate method of dispute resolution when both parties have agreed to arbitrate the dispute and the claim is less than $100,000
• arbitration is found to be innapropriate if the parties have not agreed to arbitrate, want greater control or wish the have their day in court