Comparison of Dispute Resolution Methods & POJ: KK9

the third party (is there a third party?, role of third party, is the decision binding?)

processes and procedures

types of civil disputes

dispute resolution methods

hierarchy and appeals

fairness

• disputes are resolved by those with expertise - therefore outcomes are just

• vcat members are independent and unbiased leading to a fair outcome

• cav ensure procedural fairness by allowing both sides the opportunity to present their claim

• each list at vcat has a specialised jurisdiction, meaning triburnal personnelle gain expertise in resolving disputes in that area of law, leading to fair outcomes

• informal atmosphere at vcat ensures people can present their case how they wish to

• at cav parties come to a mutually agreed to resolution themselves that will benefit them both

equality

achieves

• VCAT prohibits the use of legal representation in some lists, ensuring one party will not have advantage over another

• flexibility in vcat’s hearing process ensures equaliy for self-represented party as vcat member can ensure that they an equal opportunity to understand the processes, and present their case

not achieve

• not all consumer complaints fall under the jurisdiction of CAV

• similar civil disputes could be handled differently through different bodies

access

achieve

• vcat generally less expensive than courts

• cav’s conciliation service is free

• vcat generally offers a speedy resolution of disputes

• vcat conducts hearings in various locations across victoria - as well as online or by phone

• cav’s conciliation process can be conducted over the phone

not achieve

• Legal representation is becoming more common in VCAT, increasing costs

• VCAT has an increasing caseload, increasing delays in some lists

• cav and vcat both have limited jurisdictions

• cav does not accept many claims, and conciliation service is limited