STRENGTHS AND WEAKNESSES OF THE WAY COURTS AND VCAT OPERATE TO RESOLVE DISPUTES
Unlike VCAT, the courts can hear both civil and criminal cases unlike VCAT which has more experience dealing with civil rather than criminal cases. Courts also employ a large range of experts whose job it is to ensure that the procedure if fair, unbiased and equal, This applies to all matters of the court such as Rules of evidence and procedure. All decisions made in the court are also binding and are legally enforceable which provides a degree of nicety in the final outcome of the case. Courts will also allow matters to be sent to ADR is they think that the case is more suited for it than a court hearing, it also allows each party to appeal the final decision if they are dissatisfied with the outcome. However the court fees are expensive which can discourage people from pursing a case, more fees are also not included such as the fee for a lawyer. Delays are also quite common as there is normally a backlog of cases waiting to be heard which can effect the final outcome of the case, such as witnesses forgetting evidence or people dying. The courts are also very formal and can become intimidating towards some parties, finally, lawyers who are more experience and prepared are more likely to win a case against a lawyer with little experience.
VCAT however is cheaper than a court hearing and doesn't require the use of a lawyer which again will cut down on fees, most small cases will cost around $40. VCAT is also quicker and less formal than court which will not subject each party to the strict rules of evidence and procedure that you would find in a courtroom. Each list within VCAT also has it's own specialists which have experience in dealing with that set area of law unlike a Magistrates for example who will not have an expertise in a set area of law. The fault in each party does not need to be exposed for you to win, as the goal of ADR is to come to a resolution which leaves both parties leaving with the feeling that they have won. However VCAT is only able to hear certain criminal cases which restrict it's ability to hear matters, it also at times can become too informal which leaves parties unequipped to deal with the case at hand. Finally at times there can be a very large backlog of cases waiting to be heard which at times exceeds that of the Magistrates.
VCAT however is cheaper than a court hearing and doesn't require the use of a lawyer which again will cut down on fees, most small cases will cost around $40. VCAT is also quicker and less formal than court which will not subject each party to the strict rules of evidence and procedure that you would find in a courtroom. Each list within VCAT also has it's own specialists which have experience in dealing with that set area of law unlike a Magistrates for example who will not have an expertise in a set area of law. The fault in each party does not need to be exposed for you to win, as the goal of ADR is to come to a resolution which leaves both parties leaving with the feeling that they have won. However VCAT is only able to hear certain criminal cases which restrict it's ability to hear matters, it also at times can become too informal which leaves parties unequipped to deal with the case at hand. Finally at times there can be a very large backlog of cases waiting to be heard which at times exceeds that of the Magistrates.