ADRS
In which ADR can the independent third party suggest possible solutions to the parties?
Conciliation. The conciliator may suggest options and possible solutions.
What is an ombudsman?
An official appointed by the government to investigate complaints made by individuals against certain bodies or institutions.
What is the general purpose of a civil remedy?
To restore, as much as possible, the party who suffered loss or injury to the position they were in before the loss or injury occurred.
What colour is a polar bear’s skin underneath its fur?
Black
What are the two main roles of Victorian courts in resolving civil disputes?
To determine liability and decide on the remedy.
What is one key difference between mediation and arbitration in relation to who makes the final decision?
In mediation, the parties make the decision themselves, whereas in arbitration, the arbitrator makes the decision.
What must a person generally do before an ombudsman will hear their complaint?
First try to resolve the complaint directly with the relevant agency or business.
What is the difference between special damages and general damages?
Special damages compensate for quantifiable losses, whereas general damages compensate for losses that are not easily quantifiable.
Which animal’s fingerprints are so similar to humans’ that they can be difficult to distinguish?
Koala
What is the maximum civil claim the Magistrates’ Court can hear in its original jurisdiction?
$100,000.
A business wants its dispute resolved privately, but it also wants a final decision that is legally binding even if the parties cannot agree. Which ADR is most appropriate, and why?
Arbitration, because it can be conducted privately and the arbitrator makes a legally binding decision.
What is one major difference between a tribunal and a complaints body in relation to decision-making power?
A tribunal can make binding decisions, whereas complaints bodies generally cannot.
Which type of damages may be awarded where the plaintiff has suffered humiliation, distress or insult?
Aggravated damages.
Which country has the most islands in the world?
Sweden
Which Victorian courts have unlimited original civil jurisdiction?
The County Court and the Supreme Court.
State three features of arbitration as a dispute resolution method.
Any features: uses an independent arbitrator; arbitrator listens to both sides; arbitrator makes the decision; the decision is legally binding; the decision is called an arbitral award; arbitration is generally more formal than mediation/conciliation but less formal than court; legal representatives are usually allowed.
A person has a dispute with a Victorian public transport operator about a ticket refund. Which institution may be appropriate?
The Public Transport Ombudsman.
A person wants the court to stop their neighbour from continuing an action that is causing harm. Which type of remedy would be most appropriate?
A restrictive injunction.
Which country contains the point on Earth farthest from the centre of the Earth because of the planet’s equatorial bulge?
Ecuador
Name two strengths of courts as dispute resolution bodies.
Any two: judges are impartial; court hierarchy provides specialisation/expertise; case management can reduce delays and costs; formal procedures support procedural fairness; the hierarchy allows appeals.
Compare mediation and conciliation in relation to the role of the third party and the control the parties have over the outcome.
Both use an independent third party and the parties themselves voluntarily reach the resolution. However, a mediator mainly facilitates discussion, whereas a conciliator can have greater influence by suggesting possible solutions.
Give two ways tribunals can improve access to justice.
For example: low fees, less formal processes, multiple locations, quicker resolution, or offering ADR before a binding decision.
Name three factors that can affect whether damages are effective.
Any three: whether loss has occurred and how serious it is; the type of loss; whether there is potential for ongoing harm; time, cost, stress and inconvenience; whether the defendant will pay.
Why is the “black box” on an airplane actually orange?
So it is easier to find after a crash
Name two weaknesses of courts as dispute resolution bodies.
Any two: courts can be expensive; procedures can be difficult to understand; self-represented parties may be disadvantaged; delays may still occur; formal processes can be stressful or intimidating.