Dispute Resolution Methods (VCE SSCE Legal Studies): Flashcards
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Three main dispute resolution methods in Victoria
Three main dispute resolution methods in Victoria
Mediation, conciliation, arbitration
What mediation is
What mediation is
Joint problem-solving with neutral mediator helping parties agree
Role of mediator
Role of mediator
Empower parties, balance power, support; don't make decisions
'Without prejudice' in mediation meaning
'Without prejudice' in mediation meaning
Discussions can't be used against parties if mediation fails
Terms of settlement definition
Terms of settlement definition
Legally binding contract when mediation/conciliation succeeds
What conciliation is
What conciliation is
Dispute resolution where independent party makes suggestions
How conciliator differs from mediator
How conciliator differs from mediator
Makes suggestions, offers advice, has specialist knowledge
What arbitration is
What arbitration is
Formal method where arbitrator makes binding decision
Arbitral award definition
Arbitral award definition
Binding, enforceable decision made by arbitrator
Key difference: arbitration vs mediation/conciliation
Key difference: arbitration vs mediation/conciliation
Arbitrator makes binding decision; others help parties decide
