ADR review

What is a key characteristic of mediation in dispute resolution?

• The mediator does not encourage discussion
• The mediator is biased towards a party
• Parties can control the outcome
• Parties have no control over the outcome

How does a mediator contribute to achieving fairness in mediation?

• By making biased decisions
• By encouraging discussion between parties
• By imposing outcomes on parties
• By avoiding any communication

How does mediation differ from conciliation in terms of the mediator's role?

• Mediator imposes decisions on parties
• Mediator provides legal advice to parties
• Mediator encourages discussion between parties
• Mediator is biased towards a party

What is a key characteristic of conciliation in dispute resolution?

• Parties have full control over the outcome
• The conciliator imposes decisions on parties
• The conciliator is biased towards a party
• The conciliator offers suggestions to parties

What role does the conciliator play in a dispute resolution process?

• Providing legal advice to parties
• Encouraging parties to communicate
• Acting as a judge in the dispute
• Forcing parties to accept a resolution

In which courts can parties be ordered to attend conciliation?

• VCAT only
• Magistrates' Court and County Court only
• Magistrates' Court, County Court, and Supreme Court
• Supreme Court only

What distinguishes arbitration from mediation and conciliation in terms of decision enforcement?

• Parties must sign a deed of settlement in arbitration
• Arbitrator's decision is not legally binding
• Arbitrator enforces the final decision in arbitration
• Parties can ignore the arbitrator's decision

What role does the arbitrator play in a dispute resolution process?

• Enforcing the final decision in arbitration
• Acting as a judge in the dispute
• Encouraging parties to communicate
• Providing legal advice to parties

How does arbitration differ from mediation and conciliation in terms of decision enforceability?

• Arbitrator enforces the final decision in arbitration
• Arbitrator's decision is not legally binding
• Parties can ignore the arbitrator's decision
• Parties must sign a deed of settlement in arbitration

When is arbitration considered appropriate in resolving disputes?

• The arbitrator is biased towards a party
• Parties agree to participate in arbitration
• The decision is non-binding
• The case involves civil damages of over $10,000