Strengths and weaknesses of dispute resolution methods used by the courts and VCAT

Strengths of ADR Much less formal- is not bound by strict rules of evidence and procedure. This makes it less intimidating and cheaper (do not have to hire legal representation) Conducted in a safe and supportive environment Cheaper than litigation Confidential- unlike court system which is open to the public Voluntary- which means parties can leave at any time

Strengths of ADR Flexible- can be modified to suit the needs of the parties Broader range of solutions available More likely to reach a solution that will be followed- as parties can tailor a resolution or compromise that suits them Not adversarial- and therefore both parties can feel as if they have ‘won’ Frees up the courts

Weaknesses of ADR Decision is not binding- (although at the conclusion of mediation or conciliation a binding deed of settlement can be drawn up) One party may compromise too much because they are trying to compromise as much as possible One party may be more manipulative or stronger than the other party It may not be appropriate in all situations

Weaknesses of ADR One party may choose not to attend the resolution process if it is voluntary It is not appropriate in most criminal cases If a decision cannot be reached it may have to proceed to court anyway

Strengths of judicial determination Decision is binding and can be enforced through the courts Judicial officers are experienced professionals Parties may feel more satisfied with the formality of having a judge decide a case It is appropriate for both civil and criminal cases

Weaknesses of judicial determination It is usually expensive, due to court fees and the need to engage legal representation Judicial officers are bound by formality in their dispute resolution Parties may feel dissatisfied with the outcome due to the adversarial nature of court proceedings Appeals are costly and time consuming