The role of VCAT The Victorian civil and

The role of VCAT

• 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 areas

Dispute resolution methods • • Mediation Conciliation Arbitration Judicial determination

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

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 binding

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.

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 case

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 fees

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 not

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

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

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.

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

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

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.