Key Terms Unit 2 AOS 2

What is mediation?

• A method of dispute resolution with a structured negotiation process

• A monetary award

• A remedy in civil law that is an order for a party to do, or refrain from doing, a particular thing

• A method of dispute resolution whereby an independent third party is appointed to make a binding decision

What are damages?

• A method of dispute resolution with a structured negotiation process

• A monetary award

• A remedy in civil law that is an order for a party to do, or refrain from doing, a particular thing

• A method of dispute resolution whereby an independent third party is appointed to make a binding decision

What is an injunction?

• A method of dispute resolution with a structured negotiation process

• A monetary award

• A remedy in civil law that is an order for a party to do, or refrain from doing, a particular thing

• A method of dispute resolution whereby an independent third party is appointed to make a binding decision

What is arbitration?

• A method of dispute resolution with a structured negotiation process

• A monetary award

• A remedy in civil law that is an order for a party to do, or refrain from doing, a particular thing

• A method of dispute resolution whereby an independent third party is appointed to make a binding decision

What is a tribunal?

• A method of dispute resolution with a structured negotiation process

• A monetary award

• A body whose function is to settle disputes or grant rights under the law

• A method of dispute resolution whereby an independent third party is appointed to make a binding decision

What is a remedy?

• any means by which a civil wrong is redressed
• a method of dispute resolution whereby a third party assists the disputing parties to reach action their own decision; the conciliator can offer advice and make suggestions to assist parties
• the party in a VCAT hearing against whom legal proceedings have been commenced: they will respond to the claims
• a qualified, expert, experienced and independent third party that oversees the hearing in a VCAT List

What is conciliation?

• a method of dispute resolution whereby a third party assists the disputing parties to reach action their own decision; the conciliator can offer advice and make suggestions to assist parties
• any means by which a civil wrong is redressed
• the party in a VCAT hearing against whom legal proceedings have been commenced: they will respond to the claims
• a qualified, expert, experienced and independent third party that oversees the hearing in a VCAT List

Who is a respondent?

• the party in a VCAT hearing against whom legal proceedings have been commenced: they will respond to the claims
• a method of dispute resolution whereby a third party assists the disputing parties to reach action their own decision; the conciliator can offer advice and make suggestions to assist parties
• any means by which a civil wrong is redressed
• a qualified, expert, experienced and independent third party that oversees the hearing in a VCAT List

Who is a member?

• a qualified, expert, experienced and independent third party that oversees the hearing in a VCAT List
• a method of dispute resolution whereby a third party assists the disputing parties to reach action their own decision; the conciliator can offer advice and make suggestions to assist parties
• any means by which a civil wrong is redressed
• the party in a VCAT hearing against whom legal proceedings have been commenced: they will respond to the claims

Who is an applicant?

• the party to a VCAT hearing who applies to commence legal proceedings
• a legal decision or instruction by the member to the parties designed to resolve the case, for example, pay damages
• a document outlining that material provided to the court or VCAT by the parties is true and correct; parties are aware that if they make a false declaration, they are
• the legal reasoning of a court: a court does not have to follow this reasoning, but it can be influential; applies to decisions of a lower court or a court at the same level