Solving a civil dispute Methods of dispute resolution Chapter 9.1

Discuss; Have you ever? Fell over an uneven surface on a footpath? Been injured by another person in a fight? Been hurt at a party? Spread rumours about someone? Damaged someone’s goods? Had a neighbourhood dispute? Bought a faulty product? Been hurt at school or school camp? Would you take legal action if you were the injured party? Why/why not?

Discuss 1.What would happen if every civil case went to court? 2. What if every fence dispute, every anti-discrimination case, every breach of contract and so on went to court? 3.How would this affect our courts? 4.How long might it take for your case to be heard, if you were involved in a civil dispute? 5.What are some possible solutions to civil problems? 6.Do you know anyone who has been involved in a civil dispute. How did that person, or that group, exercise their civil rights? How was the dispute resolved? This leads us straight into the first topic in this chapter; alternative dispute resolution methods.

Chapter 5, The courts and the VCAT, pg. 143 These are the dispute resolution methods individuals can use to resolve criminal or civil disputes.

Negotiation Discussions held between the two sides of a dispute Aim is to achieve an agreement both are happy with Takes place between the 2 parties but professionals may get involved Useful when ongoing relationships are important ie neighbours When have you negotiated an agreement in the past? Disadvantages?  May take a while  Not binding  The power of both parties may not be evenly balanced

Mediation Uses an independent 3 rd party known as a Mediator Allows each party a chance to express their side of the issue and their desired outcome Mediator does not offer decisions but can discuss options Trained to facilitate discussion and encourage co-operation to reach their own solution Legal representation is not needed

Mediation used in courts and VCAT Magistrates’, County, Supreme Courts (Civil cases) Dispute Settlement Centre of Victoria (DSCV) Family Mediation Centre help/mediation-dispute-resolution/family- mediation/?gclid=CjwKEAjwovytBRCdxtyKqfL5nUISJACaugG1lE3RLww FoRXcRNAKx2ZQbEv8UBCsxMTJuhe48-Dz8RoCxgfw_wcBhttp:// help/mediation-dispute-resolution/family- mediation/?gclid=CjwKEAjwovytBRCdxtyKqfL5nUISJACaugG1lE3RLww FoRXcRNAKx2ZQbEv8UBCsxMTJuhe48-Dz8RoCxgfw_wcB Family Court of Australia In cases such as divorce, custody, separation, financial matters VCAT

Benefits of Mediation Helps ongoing relationships between the parties who may have to deal with each other in the future (neighbours, colleagues) Gives the opportunity to settle differences as early as possible to avoid costs and delays A mutual voluntary agreement can be achieved by working through the issue themselves. No loser Voluntary Has no influence on any later court proceedings

Conciliation An unbiased 3 rd party called a Conciliator who tries to resolve a civil dispute and acts like a go- between Can make suggestions to the parties in order to reach an agreement (key difference to Mediation) Conciliator has specific knowledge and can advise them on likely legal outcome in a court Any agreement is not binding so parties can choose to not follow what was agreed Statistically however most parties observe any agreements made to avoid further costs in court proceedings

Arbitration This is the next step after Mediation and Conciliation The arbitrator is independent Can order a resolution to a dispute – called an award An award is a decision in favour of one of the parties An award is legally binding and must be followed just like a court order There is a winner and loser

Judicial Determination (Court) This involves going to court or VCAT and having the judge, magistrate or VCAT member decide the outcome of the case and imposing a legally binding decision Have to follow rules of evidence and procedure Going to court is expensive and time consuming There is a legally binding decision and someone is made a winner and loser

You can cry over spilt milk. Fill out the summary sheet Read article on page 223 Extension Tasks; Extend and apply cases and questions (optional)

Your Turn Complete questions 1-4 Look up the VCAT website and the Dispute settlement centre of Victoria Websites on the following pages

Videos to watch The VCAT website ( has a series of videos explaining what VCAT is and the processes it uses to settle disputes. out-through-mediation-1606http:// out-through-mediation-1606 Students could watch some of the videos as a class, or at home individually. this is the website for the dispute settlement centre of Victoria