name of third independant party in mediation
mediator
role of independant third party
( mediator )
- facilitates discussion
- cannot offer solutions
- impartial
( mediator ) possible outcomes
The mediator does not solve the dispute or even suggest answers – they just facilitate a discussion
strengths of mediation
- quick and cheap
- parties maintain control over outcome
- maintaining an ongoing relationship
weaknesses of mediation
- parties unwilling to cooperate
- power imbalance
- no guarantee case will resolve
County court appellate jursdiction
No appellate jurisdiction, unless given under a specfic act of parliament
County court trial jursdiction
Unlimited
use of civil jury in county and supreme trial
- Optional
- At request of one party
- Party who requests must pay
- Judge decides whether to grant request
Very rare
Civil Jury - Roles
- Listen to evidence and to directions from the judge
- cannot do their own investigations
- Remain objective and unbiased
- Decide liability based on the balance of probabilities
- verdict can be 6/6 (unanimous) or 5/6 (majority)
- Also decide on the quantity of damages D must pay P, one exception – defamation – judge will decide damage
strengths of civil jury
- Independent and impartial – don’t know P or D, should not be biased toward/against either one
- Allows for ‘normal’ non-legal people to be involved in the justice system – ensures results reflect community values/standards
- Helps promote good decision making – 6 heads are better than one – less chance of mistake, less pressure on judge
weaknesses of civil jury
- Don’t have to give reasons for their decisions – so we never know how they came to their decisions
- Hard for non-legally trained people to follow cases, concentrate, understand technical stuff, remain unbiased
- Jurors may be unduly influenced by skilled, fast talking, convincing lawyers
- Costs money – jury system needs to be administered, jurors get paid, process is slower due to juries
Purposes of Remedies
The main purpose of civil remedies is to restore the plaintiff to the position they were in before the defendant caused them injury or loss
Damages
Compensatory
Nominal
Exemplary
Contemptuous
Compensatory
Specific: Exact measurable costs (e.g. medical bills, lost wages).
General: Not measurable, estimated (e.g. pain, suffering, loss of enjoyment of life).
Aggravated: Extra compensation when the defendant acted recklessly or cruelly, causing further mental harm.
Nominal
Very small amount of money.
Plaintiff proves the defendant was legally wrong, but no significant loss was suffered.
Recognises the plaintiff’s legal rights — more about principle than compensation.
Exemplary
Aimed to punish the defendant and deter others, not just compensate the plaintiff.
Make an example of the defendant’s behaviour.
Usually large sums, not tied to the plaintiff’s actual loss.
Punitive, not restorative — similar to the purpose of criminal punishment.
Contemptuous
Plaintiff is legally in the right, but the court disapproves of the claim.
Usually very small amount — claim seen as petty or pointless, with little or no real harm.
Very rare — courts are unsympathetic despite a valid claim.
Some people in RRR areas may also face specific and complex civil disputes
Water rights allocation
Environment and planning restrictions
Property laws
Agriculture and zoning
RRR face difficulties in the following
Lack of access to legal services
Lack of access to technology
Lack of access to courts
Lack of access to legal services
Few lawyers work in RRR areas (30% of population, only 10% of solicitors).
Can be no local lawyer, conflicts of interest, or lack of expertise.
Fewer VLA/CLC services, often under-resourced and overstretched.
Lack of access to technology
Poor internet/phone access (some have none) limits legal help.
Hard to get information, attend online hearings, or contact lawyers.
People may need to travel long distances or use paper mail, causing extra costs and delays.
- Lack of access to courts
Court travels on “circuit” to hear cases in regional areas.
Covers property, tort, contract, wills, estates, and employment disputes.
Example regional sittings:
Ballarat: 18 May – 12 June
Bendigo: 20 April – 15 May & 5 Oct – 30 Oct
Geelong: 16 Mar – 1 Apr & 17 Sep – 2 Oct
