Alternate Dispute Resolution

1. Alternate Dispute Resolution Mediation and Conciliation

2. Pathways to resolving disputes

3. Mediation • Mediation is a method (process) of dispute settlement where parties are encouraged to resolve their dispute between themselves, with the assistance of an independent and impartial third party, referred to as a mediator. • The role of the mediator (or mediators as there may be more than one) is to facilitate the discussion between the parties so they may come to a mutually accepted agreement between themselves. • The mediator does not offer suggestions or give advice, but encourages parties to cooperate and decide their own solution • Study on - 1

4. Conciliation • Conciliation is a method of dispute settlement, similar to mediation, in that an independent and impartial third party (conciliator) facilitates the discussion between the parties so they may come to a mutually accepted agreement between themselves. However, the conciliator can also offer suggestions and give advice regarding the terms of settlement. • Conciliation is used at • VCAT compulsory conferences (where parties are often encouraged to reach a mutually acceptable decision before judicial determination at a hearing) • at pre-hearing conferences in the Magistrates' Court (where parties try to reach an out-of-court settlement to avoid formal court procedures). • The county and supreme courts also encourage the use of conciliation to resolve civil disputes before trial.

5. Activity • Role play

6. Strengths and weaknesses

7. Strengths and weaknesses • Study on - 6