7.8 Courts as dispute resolution bodies

Question 1

What is the appropriateness of courts as dispute resolution bodies?

Answer 1

• whether the dispute falls within the court’s jurisdiction
• whether there are other or better ways to resolve the dispute

Question 2

What is the jurisdiction of the Couty and Supreme Court of Victoria?

Answer 2

Both have unlimited jurisdiction to hear civil disputes

Question 3

What is the Magistrates’ Court jursidiction?

Answer 3

• The jurisdictional limit is $100K

Question 4

What should parties consider in terms of other/better ways to resolve the dispute?

Answer 4

• whether they can resolve the dispute themselves through negotiation or mediation
• the costs of taking a matter to court, and whether CAV, VCAT or a private method might be better
• whether they are prepared to accept the risks and uncertainty involved with a third party making a decision on the dispute. This includes the possible risk of an adverse costs order.
• whether they have access to and can afford legal representation, which is likely to be necessary to undertake pre-trial procedures and for trial
• whether they are comfortable with the formalities of the courtroom and the rules of procedure
• the size and complexity of the matter. In particular, more complex and larger claims are best dealt with in the Supreme Court, while smaller claims are best heard in the Magistrates’ Court
• whether the proceeding is a class action that needs to be determined by the Supreme Court of Victoria
• the time it will take to have the matter heard in court, and possible delays in having the case resolved. If they want a swift resolution, then CAV, VCAT or a private mediation may be better.
• whether they are prepared to have their disputes aired in an open hearing where members of the public and the media can be present. If they are sensitive to publicity, an arbitration may be better, because the dispute can then be heard in private. You will explore arbitration in the next topic.

Question 5

What are the strengths of courts as a dispute resolution body

Answer 5

• court hierarchy allows for administrative convenience and specialisation
• court provides opportunities for the parties to reach an out-of-court settlement
• allows for the parties to determine the strengths and weaknesses of each other’s case
• seeks to achieve procedural fairness through the way it conducts proceedings
• procedures and laws apply equally to all
• allows interaction between the court and the parties, which ensures fairness and equality
• judges are impartial and independent
• use of jury allows a reflection of community values in the decision-making
• court process engages experts
• outcome is certain

Question 6

What are the weaknesses of the court system?

Answer 6

• often suffers delays
• costs can result in restricted access to resolve disputes and jeopardise equality
• procedures are complex
• judges cannot overly help the unrepresented party
• jurors are not experts in law
• jurors do not have to give reasons for the decision
• maybe unconscious biases