Fichas
Dispute Resolution Methods
Fichas del conjunto (29)
- 1Reasons for a court hierarchy: AppealsA hierarchy allows the decision of a court lower in the system to be reviewed a second time. this review process promotes fairness and is a safeguard against unjust decisions
- 2Reasons for a court hierarchy: Time and Moneycivil and criminal trial costs are exorbitant and can lead to delays. a court hierarchy enables minor matters to be dealt with relatively quickly and inexpensively in the magistrates' court.
- 3magistrates court: criminal (original jurisdiction) *no appellate jurisdictionoriginal:
- summary offences e.g. jay-walking
- indictable offences heard summarily e.g. minor assault, shop theft
- committal proceedings for indictable offences
- warrant and bail applications - 4magistrates court: civil (original jurisdiction) *no appellate jurisdiction- hears matters up to $100,000
- optional claims for arbitration up to
$10,000
- pre-hearing conference - conciliation
- limited family law matters - 5county court: criminal (original jurisdiction)- hears all serious indictable offences except homicide and treason e.g. rape, burglary
- 1 judge and a jury of 12 (if not guilty plea) - 6county court: criminal (appellate jurisdiction)- hears appeals from the magistrates' court on a point of fact, i.e. against conviction or sentence (leniency or severity)
- 7county court: civil (original jurisdiction)*personal injury matters*
- unlimited claims for damages over $100,000 (litigant decides whether to take to CC or SC)
- this court can order mediation
- 1 judge and a jury of 6 (optional) - 8county court: civil (appellate jurisdiction)- no appeals from the magistrates court unless directed by an act of parliament e.g. adoption
- 9supreme court (trial division): criminal (original jurisdiction)- major indictable offences such as homicide, treason, drug-trafficking, terrorism
- 1 justice and a jury of 12 (if not guilty plea)
- application for bail in homicide cases - 10supreme court (trial division): criminal (appellate jurisdiction)hears all appeals on a point of law (errors in law) from the magistrates court - 1 justice
- 11supreme court (trial division): civil (original jurisdiction)*commercial matters*
- unlimited claims for damages
- 1 justice and a jury of 6 - 12supreme court (trial division): civil (appellate jurisdiction)hears all appeals on a point of law (errors in law) from magistrates court or VCAT - 1 justice
- 13court of appeal (part of the supreme court): criminal (appellate jurisdiction ONLY)hears all cases on appeal for:
- points of law (errors in law, misdirection of jury)
- points of fact such as conviction severity/leniency of sanction
- 3 to 5 justices - 14court of appeal (part of the supreme court): civil (appellate jurisdiction ONLY)hears all cases on appeal for:
- points of law (errors in law, misdirection of jury)
- points of fact such as questions in fact or the amounts of damages
3 justices - 15High Court of Australia (1 justice)- interpretation of the constitution
- determining the limits of federal or state laws
- matters arising under international treaties
- disputes involving the Clth
- issues between the states
- criminal - federal law matters (treason and sedition)
*no appellate division however leave must be granted to appeal to the full court of the high court - 16full court of the high courtfinal court of appeal for all civil and criminal matters, from:
- state supreme courts
- federal or family courts
- high court (treason and sedition)
3 justices - 17full bench of the high courteither...
deals with appeals arising from the interpretation of the constitution
or...
where the matter is so important or where it may depart from its own decision in the past
5 - 7 justices - 18role of VCATthe role of VCAT is to provide Victorians with a low-cost, accessible, efficient and independent tribunal delivering high-quality dispute resolution
- 19different lists within VCATcivil division e.g. civil claims list, residential tenancies list
administrative division e.g. planning and environment list
human rights division e.g. human rights list - 20why go to VCAT as a drm?1. less expensive than going to court
2. less time consuming - 3 months
3. informal process - less stressful
4. specialisation and expertise - look for a win/win - 21the process of dispute resolution in VCAT- all disputes are lodged in writing
- pre-hearing conference will take place (mediation)
- legal representation is not encouraged - 22hearing - VCAT- informal rules of procedure (rules of natural justice)
- tribunal chairperson will attempt conciliation
- if conciliation fails, arbitration will be used to make a binding decision for the parties - 23outcomes - VCAT- dismiss the claim
- award compensation according to dispute
- rectify issue or concern via education or VCAT order
- right to appeal - supreme court on POL - 24mediation - definitionmediation is the process in which an impartial third person assists the parties to identify the issues in dispute and facilitate a discussion of possible solutions. the parties make a final decision.
- 25mediation - the process (ISA EPNA)- introduction - statement - agenda - exploration - private sessions - negotiation - agreement -
- 26basic characteristics of mediation - VICCV - voluntary nature
I - impartial
C - confidential
C - cooperative - 27mediation - advantages- cost effective
- generally faster
- win/win solution
- informal atmosphere
- parties are encouraged to resolve their own disputes - 28mediation - disadvantages- not a binding decision
- limited public scrutiny
- mediation may not produce a solution
- informal atmosphere may allow a more dominant party to unfairly influence decision
- may not be appropriate where the two parties are unequal in power - 29—
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- Fichas sobre Dispute Resolution Methods, creado por elr0001 el 22/06/2015.
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- elr0001
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