Evaluating ADR Methods U4AOS1 Learning Intentions At the end of this topic we will be able to 415 Strengths and weaknesses of dispute resolution methods used by courts and VCAT 417 ID: 532580
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Slide1
Legal Studies
Evaluating ADR Methods
U4.AOS1Slide2
Learning Intentions
At the end of this topic, we will be able to:4.1.5 Strengths and weaknesses of dispute resolution methods used by
courts and
VCAT
4.1.7 Define key legal terminology and use it appropriately 4.1.8 Discuss, interpret and analyse legal information and data4.1.11 Compare and evaluate the strengths and weaknesses of dispute resolution methods and the way courts and VCAT operate to resolve disputes.
SD 26Slide3
Slide4
You need to know
The four methods of Dispute Resolution:
Mediation
Conciliation
ArbitrationJudicial DeterminationFor each of these methods:AimAppropriate for what situations
Process
Degree of formality
Role of the Parties
Role of the Third party
Outcome
and degree of enforceability
Use in the Courts
Use in Tribunals
Strengths
Weaknesses
Slide5
Strengths + Weakness of …- adr
- judicial determination- mediation- conciliation- arbitrationSlide6
What is ADR?ADR is a less formal method of dispute resolution than judicial determination, such as mediation, conciliation or arbitration, where
a civil dispute is reconciled between the parties, with the help of an independent third party
.
It
is also known as appropriate dispute resolution. Slide7
ADRSlide8
What is Judicial Determination?Judicial determination is a method of dispute resolution which involves the parties to the case presenting
arguments and evidence to a judicial officer who then makes a binding determination or decision about the outcome of the case. Slide9
JUDICIAL DETERMINATIONSlide10
What is Mediation?Mediation is a method of dispute resolution for civil disputes using
one or two third parties (mediators)to help the disputing parties reach a resolution.
The
mediators
do not make suggestions, but help the parties feel able to negotiate for themselves. The decision made between the parties is not binding. Slide11
MEDIATIONSlide12
What is Conciliation?Conciliation is a method of dispute resolution for civil disputes using a
third party to help disputing parties reach a resolution to their dispute. The third party
can make suggestions
, but the parties reach the decision between themselves.
The decision is normally not binding. Slide13
CONCILIATIONSlide14
What is Arbitration?Arbitration is a method of dispute resolution for civil disputes, where a
third party (arbitrator) is appointed to listen to both sides of the dispute and make a decision that is
binding
on the parties. Slide15
ARBITRATIONSlide16
Processes for each type of ADR(revision of previous topic)Slide17
Process for MediationSlide18
Process for ConciliationSlide19
Process for Arbitration