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Alternative dispute resolution (ADR) is an important way of providing access to justice that is low-cost, efficient and fair. Over 70 per cent of disputes at VCAT are currently referred to ADR to help parties resolve their problems before resorting to the adversarial tradition of litigation as is common in the courts system.
Parties can attend a mediation or a compulsory conference moderated by a qualified and experienced VCAT mediator, during which they can discuss the issues and interests at the core of the dispute. This provides parties with the opportunity to reach a compromise before embarking on a formal hearing that can be costly and lengthy.
VCAT has a purpose built Mediation Centre with hearing rooms, meeting areas and break out rooms. VCAT is also a Recognised Mediation Accreditation Body (RMAB) under the National Mediator Accreditation system. This means VCAT is able to accredit and provide training to its mediators.
You are invited to share your views about ADR at VCAT. The president is interested in hearing your first hand experiences of mediations or compulsory conferences, and your ideas about the future of VCAT as a centre of excellence in ADR.
Here are some questions you might like to consider:
Has ADR helped you to resolve your dispute before VCAT?
Should ADR be a compulsory step in every dispute at VCAT?
Is ADR at VCAT becoming too legalistic? If so, how can ADR be made simpler and more accessible?
What additional steps can VCAT take to become a centre of excellence for ADR?
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Last Updated on Tuesday, 26 May 2009 16:49 |
Online discussion topics 
I attended a compulsory mediation in a Domestic Building case and after stating my client's position, demands and intentions if they were not met, agreed to a brief adjournment, following which, the other side offered to settle on the basis that all our claims would be admitted and agreed to at the Builder's expense. Imagine my surprise and displeasure when the VCAT Mediator said:" No. I could never approve an arrangement like that." I told the Mediator that as a Mediator myself, I considered that it was not the role of the Mediator to make such a remark in open forum and after some debate, he agreed with me and the offer that had been made was accepted. Without lawyers present, I shudder to think what the outcome of that mediation might have been.