Dispute Resolution Methods
Dispute resolution methods: mediation
Disputes suitable for mediation when a continuing relationship is required, such as when the dispute is between neighbours or family members when both parties are prepared to meet in a spirit of compromise and are willing to stick to any agreement reached where a defendant may admit liability but the only issue to determine is the amount to be paid to the plaintiff where the dispute is one where a combination of remedies can achieve the plaintiff’s outcome where the parties expect the legal costs will be extraordinary and the matter is best resolved at an early stage.
Disputes unsuitable for mediation disputes where there is no continuing relationship between the parties where there are overwhelming emotions that can interfere with the negotiating process where there is a history of broken promises disputes involving violent and threatening behaviour, including domestic violence and child abuse disputes where both parties are not willing to try to reach a mutual agreement disputes where there is evidence of a gross imbalance of power disputes where the mental health of one or both of the parties suggests that mediation is unlikely to be effective disputes relating to a debt clearly owing by one party (e.g. failure to pay the balance of a car) disputes between landlords and tenants over rent arrears or occupancy.
Victorian Civil and Administrative Tribunal Mediation is used extensively in the: Human Rights List Domestic Building List Planning and Environment List Retail Tenancies List Legal Practice List. In 2012-1313, approximately 65 per cent of cases lodged with VCAT were resolved during or after mediation.
Dispute resolution methods: conciliation
Use of Conciliation Appropriate when parties need more direction from the third party. Family Court – conciliation conference before court. Encourages compromise. VCAT – Civil Claims list (disputes over $10,000), Domestic Building list and Guardianship list
Dispute resolution methods: arbitration
Dispute resolution methods: judicial determination