DISPUTE RESOLUTION
There are many ways of handling Dispute Resolution within the Victorian court system.
Almost all criminal cases use Judicial Determination as the main method of resolving disputes. This means that the case is heard by a Judge and a jury except in the Magistrates court where there is no jury.
Civil cases can also be heard through Judicial Determination, but most civil cases will be resolved by what is called ADR which stands for Alternative Dispute Resolution. This is where a dispute between two parties with the help of a third part which is independent from any other party. ADR is also not used for criminal cases except in certain circumstances such as victim/offender mediation.
Mediation is where two parties attempt to resolve a dispute with a mediator present in the room who is independent, the mediator cannot interfere with the two parties and attempts to bring the two parties to an agreement which will fulfill the needs of both parties. Mediation is often sought after rather than going to court since it's less formal and not bound to the strict rules of a courtroom. It also is much cheaper than taking the other party to court. However mediation is not binding . Mediation allows each party to have their say without being restricted to court procedure and do not need to prove the other parties fault to win.
Conciliation is almost the same same Mediation, except with Conciliation the third party is allowed to make suggestions and helps each party negotiate with each other. Conciliation is still not binding.
Arbitration differs from Mediation and Conciliation because unlike Mediation and Conciliation, Arbitration is binding and the final decision is made by the third party after negotiation with both parties. Arbitration is more formal than the other forms of ADR but it is not as formal as a court hearing.
Judicial Determination as mentioned above, is were the parties take their case to be heard in-front of a Judicial Officer. A Judicial Officer is for example, a Judge, Magistrate, President or vice-President of VCAT, Who will then make a decision for the final outcome of the case. Judicial Determination does not count as a form of ADR.
Almost all criminal cases use Judicial Determination as the main method of resolving disputes. This means that the case is heard by a Judge and a jury except in the Magistrates court where there is no jury.
Civil cases can also be heard through Judicial Determination, but most civil cases will be resolved by what is called ADR which stands for Alternative Dispute Resolution. This is where a dispute between two parties with the help of a third part which is independent from any other party. ADR is also not used for criminal cases except in certain circumstances such as victim/offender mediation.
Mediation is where two parties attempt to resolve a dispute with a mediator present in the room who is independent, the mediator cannot interfere with the two parties and attempts to bring the two parties to an agreement which will fulfill the needs of both parties. Mediation is often sought after rather than going to court since it's less formal and not bound to the strict rules of a courtroom. It also is much cheaper than taking the other party to court. However mediation is not binding . Mediation allows each party to have their say without being restricted to court procedure and do not need to prove the other parties fault to win.
Conciliation is almost the same same Mediation, except with Conciliation the third party is allowed to make suggestions and helps each party negotiate with each other. Conciliation is still not binding.
Arbitration differs from Mediation and Conciliation because unlike Mediation and Conciliation, Arbitration is binding and the final decision is made by the third party after negotiation with both parties. Arbitration is more formal than the other forms of ADR but it is not as formal as a court hearing.
Judicial Determination as mentioned above, is were the parties take their case to be heard in-front of a Judicial Officer. A Judicial Officer is for example, a Judge, Magistrate, President or vice-President of VCAT, Who will then make a decision for the final outcome of the case. Judicial Determination does not count as a form of ADR.