Legal Studies U2AOS2 Remedies Quiz

The three features of fairness are

• Substantive equality, impartial processes and financial access

• Impartial processes, open processes, and participation

• Participation, physical access and formal equality

• Technological access, open processes and participation.

Sometimes it is necessary to treat someone differently to ensure equality. This is known as

(a)  

Match the following descriptions to the corresponding method of resolving disputes.

• Arbitration

• Features an independent third party who hands down a binding decision based on evidence presented by the parties in an informal setting.

• Conciliation

• Features an independent third party who enables parties to come to an agreement, who can suggest solutions and generally has expertise.

• Mediation

• Features an independent third party who enables parties to come to an agreement but who does not suggest solutions and may not have expertise.

Organise the features of mediation and conciliation into strengths and weaknesses

Groups:

(a) Strengths

,

(b) Weaknesses

• Ineffective if parties do not cooperate

• Less formal

• Not suitable for urgent matters

• Decision is more likely to be acceptable to both parties

• Can be dealt with confidentially

• Saves time and money

• Not binding (unless parties sign a terms of settlement)

The Magistrates' Court will require parties to use arbitration if their civil claim is worth less than:

• $2,000

• $5,000

• $10,000

• $50,000

Tribunals get their power from

• The courts

• Elections

• Tribunal members

• Parliament

Tribunals cannot hear this type of dispute

(a)  

What type of dispute resolution method do ombudsmen and complaints bodies use?

• Conciliation

• Mediation

• Arbitration

Complaints bodies can issue binding decisions.

• True

• False

Complaints bodies and ombudsmen promote access to justice by (select two):

• Being free to use

• Accepting cases from anyone

• Providing information online

• Having physical institutions available in multiple destinations