The role of VCAT - PowerPoint Presentation

Slide1

The role of VCATSlide2

The Victorian civil and administrative tribunal (VCAT) was established in 1998 as an amalgamation of 15 different boards of tribunals, to provide speedy, effective and accessible resolution of civil disputes in a range of areasSlide3

Dispute resolution methods

Mediation

Conciliation

Arbitration

Judicial determination Slide4

mediation

Mediation is the process by which two or more parties to a civil dispute

attemot

to resolve their dispute between themselves, with the assistance of at lease one independent third party called a mediator. The role of the mediator is to facilitate discussion between the parties in order to help them reach a resolution, but the mediator forms no other part of

negotation

process. Any decision or resolution made are not legally binding Slide5

Conciliation

Conciliation involves two or more parties in a civil dispute who attempt to resolve their dispute between themselves, with the assistance of an independent conciliator. The role of the conciliator is to facilitate discussion between the parties, listen to evidence and arguments and suggest solutions in order to help the parties reach a resolution. Any decisions or resolutions made are not legally bindingSlide6

Arbitration

Arbitration involves an independent third party (an arbitrator) who listens to the evidence and arguments between the disputing parties in the civil case and makes a legally binding decision on their behalf .Slide7

Judicial determination

Judicial determination involves the parties to present their argument and their evidence to a judicial officer who can be a judge, magistrate or VCAT member, who then makes a legally binding decision about the outcome of the caseSlide8

Strengths of ADR

Less formal and less intimidating method of dispute resolution compared to courts, due to the absence of strict rules of evidence and procedure in ADR

Costs less than going to court, as parties do require legal representation and the fees involves for the services of mediators are lower than court feesSlide9

Strengths of ADR continued

More timely resolution of disputes as parties avoid the delays associated with going to court

Parties are more likely to feel satisfied with the outcome of the case due to more likely having a win-win outcome

Helps to preserve the relationship between the parties eg. Neighbours

Confidential, where as courts are notSlide10

Weaknesses of ADR

Decisions that are made are not legally binding (except in arbitration), therefore the dispute may need to be resolved in courts and this then increases delays before the final resolution

Parties may not be of equal bargaining strength , where one party may exert influence over the other party Slide11

Weaknesses of ADR continued

One party may compromise too much in an effort to cooperate and try to resolve the dispute, thereby agreeing to an resolution that they are not happy with

Party members may refuse to attend or may withdraw at any time

Parties are not legally bound by the decision reached Slide12

Cost effective

VCAT provides low-cost methods of resolution. This provides cost effective access for many civil claims compared to the high costs of courts as well as parties do not need legal representation. Slide13

Accessible information

Hearings are less formal and are more flexible compared to courts with the absence of strict rules and procedure. Slide14

Timely resolution

Parties using VCAT can avoid the time delays of going to court and most cases are resolved within a daySlide15

Quality and expertise

Each list of VCAT operates within its own specialised jurisdiction resulting in the tribunal personnel developing expertise in resolving disputes in that

particular area.