Methods used to resolve civil disputes (Mediation (who refers people to…
Methods used to resolve civil disputes
parties sit down and discuss issues and try to reach agreement with the help of a mediator
who refers people to mediation?
- Magistrates', County & Supreme
- often before final hearing
the parties cannot afford the cost of litigation
when the parties are prepared to compromise
less formal than courts
The decision may not be enforceable
One party may be more manipulative or stronger
Involves the assistance of a conciliator with the aim of enabling the parties to reach a decision between them
who refers people to conciliation?
An independent arbitrator will listen to both sides and make a binding decision on the parties without a formal court process.
Who refers people to arbitration?
- Supreme, County and Magistrates' (claims under $10,000)
(uses a form of arbitration)
parties want binding and enforceable award made by an independent third party
parties want evidence to be presented
The decision is binding
Less costly and time-consuming (flexible process)
Parties have no control over the outcome
The right to appeal is limited