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Dispute Resolution Methods
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Dispute resolution methods: mediation
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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.
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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.
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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 , approximately 65 per cent of cases lodged with VCAT were resolved during or after mediation.
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Dispute resolution methods: conciliation
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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
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Dispute resolution methods: arbitration
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Dispute resolution methods: judicial determination
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