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ADR’s Continued...

ADR’s Continued. CONCILIATION. Third party assists in the process of enabling parties to reach a decision between themselves. Third party does not make a decision Listens to the facts and makes suggestions Assists parties the parties to come to their own decisions.

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ADR’s Continued...

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  1. ADR’s Continued...

  2. CONCILIATION • Third party assists in the process of enabling parties to reach a decision between themselves. • Third party does not make a decision • Listens to the facts and makes suggestions • Assists parties the parties to come to their own decisions. • Assists by exploring solutions/suggesting options

  3. Comparison • Conciliators exercise a greater influence over he the outcome than in mediation • By suggesting options and possible solutions the conciliator is more directive then a mediator • The decision is not legally binding but is more likely to be followed because it is made in front of a third party

  4. When is conciliation used? • Conciliation is used in VCAT • Prehearing conference in the Magistrates court

  5. ARBITRATION • In Arbitration parties call a third party which the parties have agreed to follow • They listen to the facts and make decision on behalf of the parties.

  6. Comparison • It is more formal than conciliation and mediation • Not as formal as adjudication (the court hearing) • Mainly used in commercial disputes • It is legally enforceable

  7. Operates and domestic and international levels • Governed by the commercial arbitration acts of the various states and the International Arbitration Act 1974 (Cth)

  8. The Magistrates Court • Arbitration used in civil disputes less than $10000 • The Victorian Bar Dispute Resolution Scheme has trained arbitrators for use in private or commercial situations. • There is a cost for parties using arbitration

  9. Collaborative law Questions • What is collaborative law? • What is involved in this process? • When might it be used? • Who is involved in this process? • When is this process not suitable for resolving disputes • Explain 4 advantages and 4 disadvantages of ADR’s. (see page 295 to 297)

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