Adr s continued
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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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Adr s continued

ADR’s Continued...


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


Adr s continued

  • 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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