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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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