Hi all,
Here is the sixth question
a) Identify and explain three methods of dispute resolution used by the Magistrates’ Court to resolve civil disputes
The Magistrates Court uses a number of dispute resolution methods to resolve civil disputes.
The Magistrates court utilises judicial determination when resolving civil cases with a value that amounts to between $10,000 and $100,000. Judicial Determination is the formal dispute resolution process that is used in our court system. The parties (plaintiff and defendant) are required to follow rules of evidence and process when presenting their case to the Magistrate who will eventually reach a legally binding decision which must be followed by both parties. The process utilises an expert magistrate (in the Magistrates Court) to determine questions of evidence or fact, and ensure that the rules of evidence and process are being adhered to, to ensure an equitable hearing for both parties.
In addition the Magistrates Court also utilises Arbitration to resolve civil disputes with a value of less than $10,000. Arbitration is an informal process where parties present their evidence before an impartial expert third party (the Arbitrator) who will ensure that both parties have an fair chance to present evidence and will then establish a legally binding decision called an award which must be followed by all parties. Arbitration is quicker and cheaper than Judicial Determination which is beneficial for the parties involved.
Furthermore, a pilot program at the Broad Meadows Magistrates Court utilises mediation to resolve disputes up to a value of $40,000. And independent expert mediator work to facilitate the resolution of the dispute with the parties and focuses upon ensuring an amicable relationship between the parties. The Mediator emphasises co-operation and acts as a catalyst for discussion between the parties to reach their own mutually agreeable solution, which although not binding is largely adhered too as a result of its mutually agreeable nature. The process is different from Judicial determination as it is not about proving fault, but in a neutral environment parties work to achieve a compromise which is not imposed upon them.
9 marks
My comments:
A little bit of an odd ball question. High marks and fairly easily set up. 3 parts, sets 3 marks each. I always do a one or two line introduction. Nice way to start instead to dropping yourself into the first method.
Then a paragraph a method. Linking words are essential as always. I guess that the marking is 1 mark for each of the three paragraphs if you accurately identify it. If you pick the wrong method for the court then say “bye bye” to all three for that section. It is then 2 marks for explaining how and where the process is operated.
I hope this can help you,
JB