Alternative dispute resolution
A method of dispute resolution in which an independent person is appointed to listen to both sides of a dispute and to make a decision that is legally binding on the parties.
What is arbitration?
The different number of jurors in a criminal and civil juries?
What are 12 and 6?
A court order that is sought to stop a party from doing something, like an order to stop a building being destroyed if it is in the interests of the state to preserve it.
What is a restrictive injuction?
Damages that can be calculated exactly like lost wages or medical expenses.
What are specific or special damages?
A Victorian complaints body that may conciliate disputes between consumers and traders, and tenants and landlords about the provision of goods and services, and about rental properties.
What is Consumer Affairs Victoria?
A method of dispute resolution that uses an independent third party who listens to both sides of a dispute and makes suggestions about appropriate ways of resolving the matter.
What is conciliation?
The two burdens of proof used by criminal juries and civil juries to reach a verdict.
What are "beyond a reasonable doubt" and "balance of probabilities"?
A permanent court order made at the end of a civil trial.
What is a final injunction?
A small amount of money awarded to confirm that a plaintiff's rights have been infringed even though the losses were not substantial.
What are nominal damages?
A Victorian Tribunal with a large number and large variety of civil disputes through five divisions - Administrative, Civil, Human Rights, Planning and Environment and Residential Tenancies.
What is the Victorian Civil and Administrative Tribunal?
An independent third party who does not interfere or persuade the parties in a dispute as they try to reach a settlement of a matter.
What is a mediator?
Two weaknesses of civil juries.
What are juries do not give reasons for decision, not all members of community can be on jury, jurors may have biases or be unduly influenced by lawyers or emotions, civil jury trials may result in delays or task is difficult?
A court order that is sought when a person wishes to compel someone to do a particular act like remove something from their land.
What is a mandatory injunction?
An amount of money that is awarded to a plaintiff for pain and suffering that cannot be calculated exactly.
What are general damages?
These types of dispute resolution bodies have limited power to make binding decisions which means there may be no certainty as to whether the dispute has been finally resolved.
What are Ombudsmen and complaints bodies?
This would be the most appropriate method of dispute resolution if the parties want a binding award which will ensure that the parties will most likely follow it.
What is arbitration?
Three strengths of civil juries.
What are independence and impartiality, community involvement and confidence, spreading responsibility for making decision across several jurors, judges do not have enhanced ability to determine whether a witness is telling the truth, jurors are selected at random, verdicts reflect community values?
A temporary court order that is sought before a final decision has been made at a trial.
What is an interlocutory injunction?
An amount of money that is awarded when the court is seeking to punish a defendant, deter conduct or show disapproval of the defendant's actions (not in defamation cases).
What are exemplary or punitive damages?
Two strengths of dispute resolution bodies.
What are low cost, quick resolution, accessibility, informality, independence and impartiality, specialisation in particular industries?
This would be the most appropriate method of dispute resolution if the parties are concerned about preserving their relationship but may require guidance to reach agreement.
What is conciliation?
Two differences between civil and criminal juries (not including the size and burden of proof).
What are civil juries are optional not mandatory (for indictable offences), have costs borne by party requesting not state, decide on verdict and remedy (rather than just verdict, except in defamation)?
Parties would likely seek this type of injunction if they believe that another might be about to publish defamatory material about them.
What is an interlocutory restrictive injunction?
An amount of money that is awarded to the plaintiff if the court believes the defendant's conduct injured the plaintiff's feelings by causing humiliation and insult.
What are aggravated damages?
Three weaknesses of dispute resolution bodies.
What are not all free, large number of bodies (difficult for public to know), limited power to make binding decisions (Ombudsmen, complaints bodies), inappropriate for large complex claims, not available for all types of complaints (specialised) or everyone (CVA only consumers not vendors)?