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ADR’s Continued. CONCILIATION. Third party assists in the process of enabling parties to reach a decision between themselves. Third party does not make a decision Listens to the facts and makes suggestions Assists parties the parties to come to their own decisions.

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Presentation Transcript
conciliation
CONCILIATION
  • Third party assists in the process of enabling parties to reach a decision between themselves.
  • Third party does not make a decision
  • Listens to the facts and makes suggestions
  • Assists parties the parties to come to their own decisions.
  • Assists by exploring solutions/suggesting options
comparison
Comparison
  • Conciliators exercise a greater influence over he the outcome than in mediation
  • By suggesting options and possible solutions the conciliator is more directive then a mediator
  • The decision is not legally binding but is more likely to be followed because it is made in front of a third party
when is conciliation used
When is conciliation used?
  • Conciliation is used in VCAT
  • Prehearing conference in the Magistrates court
arbitration
ARBITRATION
  • In Arbitration parties call a third party which the parties have agreed to follow
  • They listen to the facts and make decision on behalf of the parties.
comparison1
Comparison
  • It is more formal than conciliation and mediation
  • Not as formal as adjudication (the court hearing)
  • Mainly used in commercial disputes
  • It is legally enforceable
slide7

Operates and domestic and international levels

  • Governed by the commercial arbitration acts of the various states and the International Arbitration Act 1974 (Cth)
the magistrates court
The Magistrates Court
  • Arbitration used in civil disputes less than $10000
  • The Victorian Bar Dispute Resolution Scheme has trained arbitrators for use in private or commercial situations.
  • There is a cost for parties using arbitration
collaborative law
Collaborative law

Questions

  • What is collaborative law?
  • What is involved in this process?
  • When might it be used?
  • Who is involved in this process?
  • When is this process not suitable for resolving disputes
  • Explain 4 advantages and 4 disadvantages of ADR’s. (see page 295 to 297)
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