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Describe two dispute resolution methods that are used by courts. - VCE - SSCE Legal Studies - Question 6 - 2013 - Paper 1
Question 6
Describe two dispute resolution methods that are used by courts.
Worked Solution & Example Answer:Describe two dispute resolution methods that are used by courts. - VCE - SSCE Legal Studies - Question 6 - 2013 - Paper 1
Step 1
Dispute Resolution Method 1: Mediation
Answer
Mediation is a process in which a neutral third party, the mediator, facilitates a discussion between the parties involved in a dispute. The goal is to assist both parties in reaching a voluntary agreement. The mediator does not make decisions for the parties but instead encourages open communication and collaboration. This method is often used in family law cases and can help preserve relationships by promoting understanding and compromise.
Step 2
Dispute Resolution Method 2: Arbitration
Answer
Arbitration involves a neutral third party, the arbitrator, who listens to both sides of the dispute and then makes a binding decision. This process is more formal than mediation and typically resembles a court proceeding. It is used when parties agree in advance to submit their disagreement to arbitration instead of going through the court system. Arbitration is commonly employed in commercial disputes and matters under $10,000 in the Magistrates' Court.