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VICLegal StudiesQuick questions
Unit 3: Rights and justice
Quick questions on Methods used to resolve civil disputes: VCE 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 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 also offer expert advice and recommendations on a resolution. Often used in employment and discrimination matters.
What is arbitration?Show answer
A binding process in which the parties appoint an arbitrator (or a panel) to hear evidence and make a decision. The arbitrator's decision is binding and enforceable as a judgement (Commercial Arbitration Act 2011 (Vic) s 35).
What is tribunals?Show answer
Tribunals are administrative bodies that decide disputes on specific subject matter. They are less formal than courts.
What is courts?Show answer
Courts hear civil disputes formally under court rules. The Victorian civil court hierarchy:
What is choosing a method?Show answer
The Civil Procedure Act 2010 (Vic) requires parties and lawyers to act in good faith to facilitate the just, efficient, timely and cost-effective resolution of disputes (overarching obligations). The court will encourage and often require alternative dispute resolution before trial.
What is victorian Civil and Administrative Tribunal?Show answer
Established under the Victorian Civil and Administrative Tribunal Act 1998 (Vic). Hears matters across civil claims (residential tenancies, consumer matters under the Australian Consumer Law and Fair Trading Act 2012 (Vic)), human rights complaints under the Equal Opportunity Act 2010 (Vic), and administrative review of government decisions. VCAT determinations are binding (subject to appeal to the Supreme Court on a question of law).
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