Methods of Civil Dispute Resolution

Comprehensive vocabulary flashcards covering the methods of civil dispute resolution—mediation, conciliation, and arbitration—their key features, appropriateness, evaluation against the principles of justice, and related institutions.

Mediation

A non-judicial dispute resolution method involving an independent third party who facilitates conversations between disputing groups to help them reach their own resolution.

Mediator

An impartial, independent third party who facilitates discussion between disputing parties without giving advice, offering solutions, or deciding the dispute.

Deed of Settlement

A legally binding contract signed by disputing parties at the conclusion of mediation or conciliation that prevents parties from going back on their agreed resolution.

Conciliation

A non-judicial dispute resolution method involving an independent third party with specialist knowledge about the dispute who assists parties and can offer suggestions and solutions to resolve the matter.

Conciliator

An independent third party who possesses specialist expertise in the relevant area of law or dispute and assists disputing parties by actively offering advice, suggestions, and possible solutions.

Arbitration

A non-judicial dispute resolution method involving an independent third party who listens to parties present evidence and makes a legally binding decision to resolve the dispute.

Arbitrator

An independent third party with no association to either party who hears formal evidence in a private setting and delivers a legally binding and enforceable determination based on the law and facts.

Appropriateness of Mediation

Circumstances where parties are willing to negotiate, understand the process, wish to preserve an ongoing relationship, require privacy, and aim to save time and money without significant power imbalances or abuse.

Inappropriateness of Mediation

Circumstances where a vulnerable party or history of abuse is present, parties are hostile or unwilling to negotiate, mediation has previously failed, a major power imbalance exists, or a legally binding outcome is required.

Appropriateness of Conciliation

Circumstances where parties are cooperative, desire privacy and relationship preservation, require the third party's specialist expertise to suggest solutions, or where one party admits responsibility.

Inappropriateness of Conciliation

Circumstances where a vulnerable party has suffered abuse, parties refuse to discuss the dispute, emotions are highly hostile, or a binding judicial precedent or enforceable court order is required.

Appropriateness of Arbitration

Circumstances where parties agree to arbitrate (often via contract), require an enforceable and legally binding decision, want a faster and cheaper resolution than court, and prefer private proceedings.

Inappropriateness of Arbitration

Circumstances where parties require judicial clarification due to complex legal issues, prefer a public trial or jury, want to resolve the matter themselves non-bindingly, or do not consent to arbitrate.

Dispute Settlement Centre of Victoria

A Victorian dispute resolution body that provides mediation services to assist parties in resolving civil and neighborhood disputes amicably without going to court.

Fair Work Commission

Australia's national workplace relations tribunal that conducts conciliation to help employers and employees explore issues and resolve workplace disputes such as unfair dismissal claims.

Victorian Commercial Arbitration Scheme

An established body or scheme in Victoria from which disputing parties can select and appoint an independent arbitrator to resolve commercial disputes outside the court system.

Victorian Bar Commercial Arbitration Appointment Service

A dedicated legal appointment service that assists disputing commercial entities in appointing qualified arbitrators to deliver legally binding determinations pursuant to contract clauses.

Power Imbalance

A significant disparity in knowledge, resources, or legal representation between parties that risks allowing the stronger party to coerce or force an unfair resolution in alternative dispute resolution.

Fairness in Dispute Resolution

A principle of justice evaluated by whether dispute processes are unbiased, minimize unnecessary case delays, treat both parties equitably, and yield a mutually agreed or lawful outcome.

Equality in Dispute Resolution

A principle of justice requiring that third parties treat all individuals identically without discrimination, ensuring informal procedures do not unduly disadvantage unrepresented or vulnerable individuals.

Access in Dispute Resolution

A principle of justice focused on ensuring dispute resolution methods are affordable, confidential, flexible, and free from intimidating court rules so all individuals can resolve legal grievances.