Mediation
Here the mediator is a neutral person who assists the parties
to reach their own agreement. The mediator will usually not
express a view about the merits of the matter. Nothing the mediator
does or says is binding on the parties. The mediator decides
nothing. A dispute is settled when the parties reach their own
agreement about it.
It is a process that is now much in demand. If there is no settlement,
then the parties' rights are not affected, and, because it is
confidential, nothing said during the mediation can be used
if the case is not settled.
The Victorian Bar, as part of its Dispute Resolution Scheme,
accredits mediators who
are professionally trained in the special skills required of
a mediator. Please refer to our list and profile of accredited
mediators.
Conciliation
The mediator, selected for his or her expertise, plays an active
role in trying to settle the dispute and in assisting the parties
towards a proper settlement. If they do not settle the matter,
there is no decision binding upon them.
Expert Appraisal
An expert in a particular field of law or practice is chosen,
to give an opinion after considering and investigating the differences
between the parties. They agree to accept that opinion as binding
on them.
Arbitration
Arbitration leads to a binding decision. The hearing can be
formal, similar to a trial in court, with evidence on oath.
It can be informal with a decision given, for example, upon
agreed facts and papers.
Assisted Negotiation
The parties negotiate directly, each with the assistance of
an expert in their dispute. The expert can advise them, and
guide them, towards an agreement.
Case Presentation
Many disputes arise because one side does not appreciate the
merits of the other side's case. This procedure allows formal
presentation of each side's case, to the other. Those with authority
to settle attend. An expert presides, and assists the parties
to clarify the issues. Understanding often leads to settlement.
Areas of expertise
All areas of law are covered by the scheme. Where expertise
is required in a particular area of law or practice, this web
site can supply lists of barristers under particular areas of
expertise.
Search for a barrister by field
of expertise
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