Dispute Resolution Methods
A non-judicial dispute resolution process where an independent third party facilitates communication between parties to help them reach an agreement without offering legal advice or solutions.
What is mediation?
The Victorian tribunal was established to provide low-cost, accessible, efficient, and independent dispute resolution.
What is VCAT?
The main legal principle defining the purpose of civil remedies
What is restoring the plaintiff to their original position prior to the wrong occurring?
A court order that directs a party to refrain from doing a specific action, such as publishing defamatory material.
What is a restrictive injunction?
The party who initiates a civil law claim against another in court.
Who is the plaintiff?
An informal process where an independent third party assists parties in identifying issues and actively offers suggestions to help resolve the dispute.
What is conciliation?
An independent official appointed by the government or industry to investigate complaints made by individuals against public authorities or private businesses.
What is an Ombudsman?
Specific items of monetary compensation that can be precisely calculated, such as medical expenses and lost wages.
What are special damages?
A court order that compels a party to perform a specific act, such as removing a structure built on neighboring property.
What is a mandatory injunction?
The standard of proof required in a civil case, meaning the plaintiff must establish that their version of facts is more probable than not.
What is the balance of probabilities?
A formal dispute resolution method where an independent third party hears evidence and arguments from both sides and makes a legally binding decision.
What is arbitration
The Victorian court that hears civil claims involving unlimited monetary amounts and complex class actions.
What is the Supreme Court of Victoria?
Monetary compensation awarded for non-quantifiable losses, such as physical pain, suffering, or loss of enjoyment of life.
What are general damages?
Unlike criminal trials which require a compulsory 12-person panel for 'not guilty' pleas, a civil trial in the County Court or Supreme Court uses an optional jury consisting of this number of jurors.
What is 6?
The legal term for the party in a civil case who bears the burden of proof to establish liability.
Who is the plaintiff?
The official term for the legally binding decision handed down by an arbitrator at the conclusion of an arbitration proceeding.
What is an arbitral award
In the Magistrates' Court of Victoria, civil disputes involving claims below this monetary threshold are mandatorily referred to informal arbitration rather than proceeding to a formal trial
What is $10,000?
A small monetary amount awarded when the plaintiff's legal rights were infringed, but no actual financial loss was suffered.
What are nominal damages?
In addition to deciding liability on the balance of probabilities, a civil jury in Victoria holds this unique function that criminal juries do not possess.
What determines the amount of damages?
The principle of justice ensures that individuals understand their legal rights and can engage with legal institutions, advice, and dispute mechanisms
What is access?
Terms agreed upon during mediation or conciliation are not automatically legally binding unless incorporated into this enforceable contract.
What is a terms of settlement agreement
This Victorian statutory complaint body provides free and confidential conciliation to resolve disputes alleging unlawful discrimination, sexual harassment, or human rights infringements under state legislation.
What is the Victorian Equal Opportunity and Human Rights Commission?
Damages awarded when the court recognizes a technical infringement of rights, but believes the plaintiff was morally wrong or brought a trivial action.
What are contemptuous damages?
During the empanelment process for a civil trial in Victoria, each party is entitled to exercise this maximum number of peremptory challenges to strike prospective jurors without needing to state a reason.
What is two?
The principle of justice requiring unbiased processes, opportunity for both parties to present evidence, and impartial decision-makers.
What is fairness?