Remedies Flashcards
What are the methods used to resolve a civil dispute?
Mediation, conciliation and
arbitration
What is mediation?
Where parties sit down and discuss their issues with an independ third party (mediator). The mediator cannot offer the parties solutions or make a decision for the parties.
What is conciliation?
Conciliation is the same as mediation,
except that the role of the conciliator is different. Usually the conciliator has specialised knowledge on the dispute and is more involved. The conciliator can make suggestions to the parties about the best way to resolve the dispute and offer solutions.
What is arbitration?
Arbitration is more formal than mediation and conciliation but can be less formal than court. The arbitrator can make a binding decision for the parties if they cannot reach an agreement themselves. The parties agree to be bound by the decision of the arbitrator, who will have knowledge of the subject matter of the dispute and the applicable law. Arbitration can be expensive.
What are the institutions that resolve civil disputes?
Tribunals, ombudsmen and complaints bodies
What is the difference between a
tribunal and a court?
Victoria’s courts and tribunals interpret the law, decide who is right or wrong in a dispute and sentence or impose penalties on those who have broken the law. Tribunals are usually less formal than courts and resolve a broad range of disputes.
What is VCAT?
The Victorian Civil and Administrative Tribunal (VCAT) deals with a large number and variety of civil disputes.
What are the five divisions of VCAT?
Administrative, Civil, Human Rights, Planning and Environment, Residential Tenancies.
What is the purpose of VCAT?
To provide Victorians with a low-cost, accessible, efficient and independent tribunal.
What is an ombudsmen?
An ombudsman is an official
appointed by the government
to investigate complaints
made by individuals against
certain bodies or institutions.
What are the types of ombudsmen?
Government and industry.
What disputes do Government Ombudsmen deal with?
Disputes or complaints about government agencies.
What disputes do Industry Ombudsmen deal with?
Deals with disputes between consumers and businesses in particular industries (e.g. telecommunications, financial services, public transport, and energy and water)
What is a complaints body?
Complaints bodies deal with complaints about the provision of goods and services, or decisions made by certain bodies or authorities.
What is the purpose of a complaints body?
To provide free, flexible, informal dispute resolution services to help eligible complainants. Most do not make binding decisions about a dispute. This means they rely on parties agreeing on a solution.
