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Peter Farrar - Star of the Sea College Strengths in civil cases 1. 2. 3. Courts can adjudicate on a range of disputes and cases – major and minor. Doctrine of precedent brings predictability, certainty and consistency to the way in which disputes are resolved. Legal representation ensures both parties are on an equal footing as they both have expert representatives who understand the legal system as their advocates in court. 4. 5. 6. 7. Strict rules of evidence and procedure in court results in both parties being treated equally and fairly with the absence of hearsay. Juries are optional for some civil matters and can reflect community opinion on disputes and the appropriateness of outcomes . The court’s decision is final and legally enforceable. (i.e. after exhausting appeals) Appeal process that allows parties to appeal on a question of fact and/or point of law. 1. The adversarial nature of our trial system results in win/lose scenario, with only one party able to win the case. This could cause further animosity between the parties and resentment toward the legal system. 2. This is a time-consuming method of dispute resolution, as delays are common. 3. High costs are common. This is partly due to the need for legal representation, which is generally expensive, and partly due to high court fees especially when taking cases to the Court of Appeal. 4. The formality of the courtroom and judicial determination may be intimidating to some parties. 1. 2. Less formal method of dispute resolution compared to the courts, due to the absence of strict rules of evidence and procedure in VCAT. This may benefit both parties who find formality intimidating. Low-cost method of resolving a dispute. Application fees in small cases are low (less than $50) and parties can represent themselves at ADR without legal representation. Faster and more effective dispute resolution – 80 percent of cases are resolved by VCAT within 16 weeks of lodging application. The processes used at ADR encourage compromise rather than competition between the parties. 3. Each list of VCAT operates within its own specialised jurisdiction – tribunal personnel develop expertise in resolving disputes in a particular area (eg sexual harassment cases). 4. 5. The decisions of VCAT at arbitration are legally binding on both parties and parties can proceed with certainty that the case has been settled. 6. VCAT helps to ease the strain on the court system. In 2010 VCAT resolved over 80,000 civil claims. This allows the courts to hear more complex cases. 1. 2. 3. ADR relies on parties having good oral skills and an awareness of law and legal process. Where legal representation is not allowed, a party that is not articulate and is daunted by legal process is disadvantaged. Avenues of appeal are limited to only those that relate to a question of law. A poor decision based on a misreading of the facts cannot be appealed. In some cases (appeals and larger claims) the costs can be high, which defeats the low-cost purpose of the VCAT. Costs can also be high at arbitration where legal representation is allowed by the VCAT Member.