Mediation: Third Party who helps guide each party to a resolution, Resolution is non-binding by the third party, Can be used with VCAT for goods and services between $500 and $10000., Appropriate when both parties are willing to cooperate, Not appropriate when parties want a binding resolution, Achieves Fairness as parties are allowed to control the outcome, Fairness is not achieved when a power unbalance can force an unwanted resolution to be agreed to, Equality is achieved as unrepresented parties may are unlikely to be disadvantaged as the third party guides, Equality is not achieved when one party is more vulnerable and may agree to an outcome that is not equal for both, Access is achieved as this method has very low costs involved, Access is not achieved as parties need to present their own case which could deter claims, Conciliation: The third party has specialised knowledge in the area of the dispute, Third Party can offer solutions to each party, Resolution is non-binding by the specialised third party, Resolution is used primarily by CAV, Is appropriate when relationships need to be maintained in the future, Not appropriate when parties want a binding decision through a specialised third party, Fairness is achieved as parties are offered the ability to control the outcome of the dispute with advice and suggestions from the third party, Equality is achieved as specialised third party guides and facilitates the discussion providing advice and solutions, Equality is not achieved when there is a power unbalance that could affect a forced outcome even when there is a specialised third party present, Access is achieved through low costs for a specialised third party, Access is not achieved when a long-running dispute occurs as cost will rise for a specialised third party , Arbitration: Most formal setting before a court that can resolve disputes, Primarily for corporations seeking to resolve a dispute in a less formal setting to a court, The third party will make a binding decision, Magistrates court are obliged to refer disputes of less than $10000, VCAT does not conduct this resolution method, CAV does not conduct this resolution method, County and Supreme courts can order this if both parties agree, Is appropriate when cases require a binding outcome, Not appropriate when parties would like greater control of the outcome, Fairness is achieved as there are fewer delays with this resolution to the next step of court proceedings, Fairness is not achieved as the rules are more relaxed with this method possibly allowing the third party to accept evidence that may not be accepted in a court, Equality is achieved when one party may not be representing itself and the third party will then generally provide guidance and support, Equality is not achieved with the lack of publicity of this resolution meaning outcomes of previous disputes are hard to find meaning precedents are hard to follow allowing different outcomes for cases that are alike, Access is achieved as this process is not publicly viewed meaning more sensitive cases can be heard through this process allowing more privacy than a court, Access is not achieved as this method of resolution is the most expensive type and can be difficult for some people to afford,

Methods To Resolve Disputes

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