LST Unit 3 Area of Study

Why might courts take a long time to resolve civil disputes?

• Pre-trial procedures are quick.

• Courts have no backlog of cases.

• Pre-trial procedures are lengthy.

• Trials are scheduled immediately.

What is a challenge parties face in court due to the complexity of procedures?

• Pre-trial procedures are simple.

• Judicial orders are straightforward.

• Rules of procedure and evidence are complex.

• Giving evidence is easy.

In which dispute resolution body is the decision binding?

• CAV

• VCAT

• Courts

• None of the above

Which dispute resolution body does not allow for appeals against decisions?

• CAV

• VCAT

• Courts

• None of the above

What is the benefit of using mediation in legal disputes?

• It can resolve disputes without a formal hearing

• It guarantees a win for one party

• It is more expensive than court trials

• It always requires a judge's presence

What is the purpose of using conciliation in VCAT pre-hearing conferences?

• To identify, clarify, and attempt to resolve issues

• To finalize the judgment

• To gather evidence

• To select a jury

How is conciliation sometimes used in VCAT?

• As a means of settling disputes before formal hearing

• As a method of punishment

• As a way to delay proceedings

• As a substitute for a trial

What is the role of a judge in the conciliation process?

• To order conciliation

• To act as a conciliator

• To represent a party

• To enforce penalties

What is a characteristic of disputes unsuitable for mediation and conciliation?

• Parties prepared to compromise

• Flexibility regarding the solution is required

• Parties do not have a history or trust or positive interactions

• Parties wish to avoid the costs involved in a hearing or trial

What makes a dispute suitable for mediation and conciliation?

• The dispute involves complex or technical legal matters

• Parties do not have a history or trust or positive interactions

• Parties prepared to compromise

• There is an imbalance of power between the parties