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Compare the way courts and the Victorian Civil and Administrative Tribunal (VCAT) operate to resolve disputes - VCE - SSCE Legal Studies - Question 12 - 2011 - Paper 1
Question 12
Compare the way courts and the Victorian Civil and Administrative Tribunal (VCAT) operate to resolve disputes. In your answer describe one dispute resolution method ... show full transcript
Worked Solution & Example Answer:Compare the way courts and the Victorian Civil and Administrative Tribunal (VCAT) operate to resolve disputes - VCE - SSCE Legal Studies - Question 12 - 2011 - Paper 1
Step 1
Similarities in dispute resolution methods
Answer
Both courts and VCAT function as independent bodies responsible for determining and resolving disputes. They share several similarities, such as the ability to engage independent third parties to provide expertise in specific areas. In both settings, parties can submit evidence and documents to support their cases.
Step 2
Differences in dispute resolution methods
Answer
VCAT is structured to handle cases across different subject matters, where jurisdiction is determined by the nature of the case. Courts, notably higher courts, have more formal procedures and are less flexible in the types of matters they handle. Furthermore, a binding decision from a court can be enforced immediately, unlike VCAT decisions that may require additional certification in specific instances.
Step 3
Dispute resolution method used in VCAT
Answer
One common method used by VCAT is mediation. Mediation is a facilitated negotiation process where an independent mediator assists parties in coming to a mutually agreeable resolution. This method is particularly useful as it focuses on collaboration and can help preserve relationships among disputing parties.