Dispute Resolution Methods (VCE SSCE Legal Studies): Flashcards
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Practise the cards
10 cards from this deck
Three main ADR methods
Three main ADR methods
Mediation, conciliation, arbitration
% civil cases proceeding to trial
% civil cases proceeding to trial
Fewer than 5%
Mediation
Mediation
Mediator facilitates parties reaching their own agreement
Terms of settlement
Terms of settlement
Document recording agreement in mediation/conciliation
Conciliator's distinctive role
Conciliator's distinctive role
More directive, suggests solutions, has specialist knowledge
Arbitration
Arbitration
Arbitrator makes binding decision imposed on parties
Arbitral award
Arbitral award
Binding decision made by arbitrator
Magistrates' Court small claims threshold for arbitration
Magistrates' Court small claims threshold for arbitration
$10,000 or less
Who decides outcome in mediation/conciliation
Who decides outcome in mediation/conciliation
Parties make voluntary decision themselves
Who decides outcome in arbitration
Who decides outcome in arbitration
Arbitrator imposes binding decision on parties