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QLDLegal StudiesQuick questions
Unit 2: Balance of probabilities
Quick questions on Alternative dispute resolution in Queensland: QCE Legal Studies
7short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What is mediation?Show answer
A non-adversarial process in which a neutral third party (the mediator) facilitates a discussion between the disputing parties to help them reach a mutually acceptable resolution. The mediator does not impose a decision.
What is conciliation?Show answer
Similar to mediation, but the conciliator may offer expert advice on a resolution. The conciliator's view is non-binding.
What is arbitration?Show answer
A binding process in which the parties appoint an arbitrator to hear evidence and make a decision. The arbitrator's award is enforceable as a court judgement under the Commercial Arbitration Act 2013 (Qld) s 35. International commercial arbitration is governed by the International Arbitration Act 1974 (Cth).
What is tribunals?Show answer
The Queensland Civil and Administrative Tribunal (QCAT) was established under the Queensland Civil and Administrative Tribunal Act 2009 (Qld). QCAT hears matters across:
What is choosing a method?Show answer
The Uniform Civil Procedure Rules 1999 (Qld) require parties to consider settling. The court will often direct mediation before trial. The factors influencing choice include:
What is strengths?Show answer
Cheap. Confidential. Preserves the relationship between the parties.
What is weaknesses?Show answer
Non-binding unless the parties sign a deed of settlement. Power imbalances can affect outcomes.
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