Advantages/Disadvantage of Arbitration

[Christiano]

What are they? I can't really find any disadvantages..

[lilaznkev1n]

- Arbitration is a voluntary resolution process therefore one party may refuse to attend, or may withdraw at any time
- There is no avenue for appeal in Arbitration

Strengths of arbitration are mostly the same as other methods of ADR

[Christiano]

Oh that's right, thanks!

[saaaaaam]

Strengths of arbitration are mostly the same as other methods of ADR

- Arbitration is a voluntary resolution process therefore one party may refuse to attend, or may withdraw at any time
- There is no avenue for appeal in Arbitration

Strengths of arbitration are mostly the same as other methods of ADR

I thought arbitration could be appealed to the Supreme Court? Since it's legally binding.

[lilaznkev1n]

Strengths of arbitration are mostly the same as other methods of ADR

- Arbitration is a voluntary resolution process therefore one party may refuse to attend, or may withdraw at any time
- There is no avenue for appeal in Arbitration

Strengths of arbitration are mostly the same as other methods of ADR

I thought arbitration could be appealed to the Supreme Court? Since it's legally binding.

I thought the civil appellate jurisdiction of the supreme is it hears appeals on points of law from the Magistrates Court and VCAT.
There is nothing in my notes about appealing arbitration but they might be wrong so I'm not completely sure

[saaaaaam]

Isn't arbitration used by VCAT?

[lilaznkev1n]

Isn't arbitration used by VCAT?

Oh yeah! haha totally forgot about that
Yeah then my second point is wrong then

[saaaaaam]

Isn't arbitration used by VCAT?

Oh yeah! haha totally forgot about that
Yeah then my second point is wrong then

It's sort right. Maybe instead of no avenue of appeal, say limited avenue of appeal.

[will74]

You can appeal from vcat on point of law to the supreme court

[AVeryAverageUsername]

Except orders constituted by the president or vice-president, which must go to the Court of Appeals division

[ezst]

Isn't arbitration used by VCAT?

It is also used by the Magistrates courts. The jurisdiction of the majistrates court states, (any litigations under the sum of $10,000 will be sent to arbitration).

[claire92]

Isn't arbitration used by VCAT?

It is also used by the Magistrates courts. The jurisdiction of the majistrates court states, (any litigations under the sum of $10,000 will be sent to arbitration).

I thought it was automatically sent to civil claims vcat, as thats under $10000....

[ezst]

Isn't arbitration used by VCAT?

It is also used by the Magistrates courts. The jurisdiction of the majistrates court states, (any litigations under the sum of $10,000 will be sent to arbitration).

I thought it was automatically sent to civil claims vcat, as thats under $10000....

No that's not correct,VCAT and the Magistrates court are two sperate inter-related adjudicating bodies, any case that is filed in the Magistrates court that is under $10,000 will be sent to the arbitration section of the Magistrates court(One Magistrate), ultimately it's up to the litigator whether to take the matter to the Magistrates Court or VCAT(Civil claims). Obviously it would be much cheaper to litigate via VCAT, but the Magistrates court is still an open option.

[Spreadbury]

you could argue that arbitration is less effective at preserving the relationship of the disputing parties as unlike other forms of mediation, as its primary aim isn't to create a 'win-win' situation for the parties, and that the decision is binding.