3.

1 Resolving Criminal Cases

• Definition: In criminal cases, the government prosecutes an

individual for alleged criminal offenses.

• Process:

• Prosecution: Presents evidence to prove the guilt of the

accused.

• Defense: The accused has the opportunity to present a

defense.

• Judgment: The court determines guilt or innocence and

imposes penalties if necessary.

• Key Aspects:

• Key personnel in criminal cases

• Criminal pre-trial procedures

• Sanctions and their purposes

3.2 Key personnel in resolving a criminal dispute

In any criminal trial there are a number of key personnel:

• Legal representatives

• Judge

• Jury

• The partiesEach plays a key role in resolving these disputes.

1. Legal Representatives: Each party involved in the criminal

dispute, including the prosecution and the defendant, is
represented by legal professionals. The prosecution is typically
represented by a Crown Prosecutor or a lawyer from the Office of
the Director of Public Prosecutions. The accused is represented
by a defense lawyer, either privately hired or provided by legal
aid. These legal representatives present the case, examine
witnesses, cross-examine opposing witnesses, and make legal
arguments on behalf of their clients.
 2. Judge: A judge presides over the criminal trial and ensures that
the proceedings are conducted in accordance with the law. The
judge is responsible for interpreting and applying the law,
making decisions on legal issues, and giving directions to
the jury (if applicable). The judge also ensures that the trial is fair
and impartial, and ultimately delivers the verdict and imposes
any necessary sentences or penalties.

3. Jury: In some criminal cases, a jury is involved in the decision-

making process. The jury is a group of randomly selected
individuals from the community who are responsible for
determining the guilt or innocence of
the accused. The jury listens to the evidence presented during
the trial, assesses its credibility, and deliberates to reach a
unanimous or majority decision, depending on
the jurisdiction and the specific case.

4. The Parties: The parties involved in the criminal dispute include

the prosecution, which represents the state or government and
brings charges against the accused, and the accused, who is the
individual facing the criminal charges. The prosecution presents
evidence to prove the guilt of the accused, while
the defendant challenges the evidence and presents arguments
and evidence in favour of the their innocence.

The Legal Practitioners

• Be prepared for trial: This involves conducting a detailed review

of the case, including examining the evidence, gathering witness
statements, and analysing relevant laws and legal precedents.
The practitioner must ensure that they have a comprehensive
understanding of their client's situation and the charges they are
facing. They may also consult with experts or investigators to
strengthen their client's defense or challenge the prosecution's
case.

• Present client’s case in best possible light: One of the primary

responsibilities of a legal practitioner is to present their client's
case in the best possible light. This includes advocating for the
client's rights and ensuring they receive a fair trial. The
practitioner must effectively communicate the client's version of
 events, challenge the prosecution's evidence, and present any
mitigating factors or circumstances that may influence the
outcome of the case.

• Comply with all directions and orders from the court: A legal
practitioner is obligated to comply with all directions and orders
from the court. This includes following procedural rules, meeting
deadlines, and adhering to the court's instructions. The
practitioner must ensure that all necessary legal documents,
such as statements, affidavits, and submissions, are filed
correctly and in a timely manner.

• Give opening address: The prosecution's opening address is

crucial for the prosecution as it helps set the narrative and
provides an initial impression of the case. The defendant's
opening address aims to create doubt in the minds of
the jury and establish the grounds for a not-guilty verdict.

• Give closing address: The prosecution's closing address

summarizes the evidence presented during the trial, reinforces
their arguments, and emphasizes the defendant's guilt beyond a
reasonable doubt. The defendant's closing address focuses on
summarizing the evidence in favour of the defendant.

• Make sentencing submission: The prosecution presents

arguments for an appropriate sentence, taking into account the
nature of the offense, the impact on the victim, and any
aggravating factors. The defendant, on the other hand, presents
arguments for a lenient or more favourable sentence. They may
highlight mitigating factors such as the defendant's previous
good character, expressions of remorse, or any personal
circumstances that may warrant a lesser sentence.

The Judge

• Oversees conduct of trial: The judge plays a crucial role in

overseeing the entire criminal trial process. They ensure that the
proceedings are conducted in a fair and orderly manner,
maintaining control over the courtroom. The judge ensures that
both the prosecution and the defense present their cases
effectively and adhere to the legal procedures.

• Decides on evidence admissibility: The judge has the authority to

 determine the admissibility of evidence presented during
the trial. They carefully evaluate the relevance, reliability, and
legality of the evidence to ensure that only admissible evidence
is considered by the jury or themselves in reaching a verdict. The
judge makes rulings on objections raised by the parties regarding
the admissibility of evidence.

• Imposes sanctions: The judge has the power to impose sanctions

on participants in the trial who fail to comply with court rules or
who engage in improper conduct. Sanctions can range from
imposing fines or even holding someone in contempt of court.
The judge's role in imposing sanctions ensures that
the trial proceeds in an orderly and respectful manner. We will
read more about sanctions on the next page.

• Instructs jury: In cases where a jury is involved, the judge

provides instructions to the jury members regarding the law that
applies to the case. These instructions help the jury understand
the legal principles, the burden of proof, and the standards they
should apply when deliberating on the case.

• Acts impartially: The judge is responsible for maintaining

impartiality throughout the trial. They are expected to approach
the case with an open mind, free from any bias or prejudice, and
make decisions based solely on the evidence and legal
principles. The judge must treat both the prosecution and
the defendant fairly, giving each party an equal opportunity to
present their case and ensuring that all parties are treated with
respect and dignity.

• Assists self-represented parties: In some cases, defendants may

choose to represent themselves in court without legal
representation. In such situations, the judge has a duty to assist
self-represented parties in understanding the legal processes and
procedures. The judge may provide guidance on courtroom
etiquette, explain legal terms or concepts, and ensure that the
self-represented party's rights are protected.

The Jury

• Be available for the trial: The jury is an essential part of the

Australian criminal justice system. Its members are selected
randomly from the community and are required to be available
 for the duration of the trial.

• Put aside biases: One of the primary responsibilities of the jury is

to put aside any personal biases and approach the trial with an
open mind, free from any prejudice, and base their decision
solely on the evidence presented in court. This impartiality is
vital to ensure a fair trial for all parties involved.

• Listen to the evidence: During the trial, the jury is responsible for
actively listening to the evidence presented by both
the prosecution and the defense.

• Follow instructions of the judge: The jury receives instructions

from the judge regarding the relevant laws, legal principles, and
the burden and standard of proof that must be applied in the
case. It is essential for the jury to carefully follow these
instructions, as they are designed to ensure a fair and consistent
application of the law.

• Make decision applying burden and standard of proof: In criminal

cases, the burden of proof rests with the prosecution, which
means they must prove the accused's guilt beyond a reasonable
doubt. The jury must carefully consider the evidence and
determine whether the prosecution has met this high standard. If
the evidence does not meet the burden of proof, it is the jury's
duty to find the accused not guilty. On the other hand, if the
evidence satisfies the burden of proof, they may find
the accused guilty.

The Parties (Prosecution & Accused)Assuming that the parties

do not have any legal representation, their roles are same as
the legal representatives:

• Be prepared for trial: This involves conducting a detailed review

of the case, including examining the evidence, gathering witness
statements, and analysing relevant laws and legal precedents.

• Comply with all directions and orders from the court: The parties
are obligated to comply with all directions and orders from the
court. This includes following procedural rules, meeting
deadlines, and adhering to the court's instructions. They must
ensure that all necessary legal documents, such as statements,
affidavits, and submissions, are filed correctly and in a timely
 manner.

• Give opening address: The aim of the opening address is for both
parties to set the narrative and provides an initial impression of
the case.

• Give closing address:The aim of the closing address is for both

parties to summarize the evidence presented during
the trial, reinforces their arguments, and emphasizes their
opinion.

3.3 Criminal Pre-Trial Procedures

Overview:Pre-trial procedures are activities that occur before the trial.

Key procedures include:

1. Committal Proceedings

2. Plea Negotiations

3. Sentence Indications

1. Committal Proceedings

• Purpose: Determine if there is sufficient evidence to commit the

accused to trial.

• Process: Prosecution presents evidence; the defendant can

cross-examine witnesses.

• Outcome: Magistrate decides if there’s a prima facie case.

• Strengths:

• Filters weak cases to prevent unnecessary trials.

• Safeguards against abuse of process.

• Saves time and resources.

• Weaknesses:

• Potential duplication of efforts and costs.

 • Limited defense strategies at this stage.

• Can increase trauma for victims and accused.

2. Plea Negotiations

• Purpose: Discussions between prosecution and defendant to

reach a guilty plea and sentence agreement.

• Process: Prosecution may offer reduced charges for a guilty

plea.

• Strengths:

• Promotes efficiency and reduces court burden.

• Provides certainty for all parties involved.

• Encourages cooperation between parties.

• Weaknesses:

• Potential for unequal outcomes based on bargaining power.

• Risk of coercive pressure on defendants to plead guilty.

3. Sentence Indications

• Purpose: Judge communicates the likely sentence if the accused

pleads guilty.

• Process: Helps accused understand consequences and

encourage guilty pleas.

• Strengths:

• Facilitates informed decision-making.

• Promotes early guilty pleas, reducing trial burdens.

• Enhances transparency in the justice process.

• Weaknesses:

• Non-binding nature can lead to sentencing disparities.

• Limited scope; may not encompass all sentencing factors.

Appropriateness

• Plea Negotiations: Appropriate when:

• Strong evidence exists.

• Efficient resolution is desired.

• Certainty in outcomes is needed.

• Sentence Indications: Appropriate when:

• There’s potential for guilty pleas.

• Defendants need information for decision-making.

3.4 Sanctions and Their Purposes

Overview:Sanctions are penalties imposed on individuals found guilty

of crimes. They serve to hold offenders accountable, deter future
crime, protect the community, and promote justice.

Types of Sanctions

1. Fines

• Financial penalties imposed for offenses.

• Measured in penalty units (e.g., $192.31 per unit as of July

2023).

• Example: 2 penalty units = $385.

2. Community Corrections Orders (CCO)

• A community-based penalty as an alternative to

imprisonment.

• Conditions may include:

• Supervision

• Treatment or rehabilitation programs

 • Community service

• Movement restrictions

• Non-association orders

• Financial restitution

3. Imprisonment

• Confinement in a correctional facility.

• Reserved for serious offenses.

• Includes participation in rehabilitation programs.

Purposes of Sanctions

• Punishment: Holds offenders accountable and serves as

retribution.

• Protection: Removes offenders from society to prevent further

harm.

• Deterrence:

• Specific Deterrence: Prevents the individual from

reoffending.

• General Deterrence: Discourages the public from

committing crimes by showcasing consequences.

• Denunciation: Publicly expresses societal condemnation for

unlawful behavior.

• Rehabilitation: Aims to reform offenders and reintegrate them

into society.

Achieving Sanction Purposes

• Imprisonment:

• Punishes by removing freedom.

• Deters through the prospect of imprisonment.

• Protects society during confinement.

 • Provides rehabilitation opportunities.

• Denounces the offense through lengthy sentences.

• CCO:

• Punishes with restrictions.

• Deters through supervision conditions.

• Protects society via monitoring.

• Offers rehabilitation through community programs.

• Denounces behavior through commitment requirements.

• Fines:

• Punishes financially.

• Deters through potential financial loss.

• Denounces offenses if set at substantial amounts.

Limitations of Sanctions

• Imprisonment:

• Can facilitate criminal associations.

• Light sentences may undermine deterrence.

• Rehabilitation participation is not mandatory.

• Sentences may not align with community standards.

• CCO:

• May be perceived as lenient.

• Limited deterrent effect compared to imprisonment.

• Short supervision periods may reduce protective

effectiveness.

• Fines:

• Small fines for wealthy offenders reduce punitive impact.

• No direct community protection.

 • Low deterrence effect for those who can easily pay.

Factors Considered When Sentencing

1. Aggravating Factors: Increase culpability (e.g., use of

weapons, breach of trust).

2. Mitigating Factors: Decrease culpability (e.g., age, previous

good character, remorse).

3. Guilty Pleas: Early admissions may lead to lesser sentences.

4. Victim Impact Statements: Provide insight into the crime's

effects on victims.

Judges consider these factors to determine fair and just sentences that
promote accountability, rehabilitation, and societal welfare.

3.5 Resolving Civil Disputes

Overview:Civil disputes in the Australian justice system are resolved

through litigation, a formal legal process initiated by the plaintiff
against the defendant.

Key Aspects of Civil Dispute Resolution

1. Key Personnel in Civil Cases

• Involves roles such as the plaintiff, defendant, legal

representatives, and judges who facilitate the process.

2. Civil Pre-Trial Procedures

• Structured steps taken before a case goes to trial, including

pleadings, discovery, and pre-trial motions.

3. Remedies and Their Purposes

• Remedies are the outcomes sought by the plaintiff, which

may include monetary compensation or specific
 performance.

3.6 Key Personnel in Resolving a Civil Dispute

Overview:Civil disputes involve several key personnel, each playing a

significant role in the resolution process.

Key Personnel

1. Jury

• Comprised of ordinary citizens, a jury may be involved in

certain civil cases.

• Responsibilities include:

• Being available for the trial.

• Setting aside biases and listening to evidence.

• Following the judge's instructions on legal matters.

• Making decisions based on the balance of

probabilities.

• Determining remedies in some cases.

2. The Parties

• The plaintiff initiates the action, while the defendant

responds to the claims.

• Responsibilities include:

• Complying with court obligations and assisting with

jury matters if applicable.

• Giving opening and closing addresses.

• Presenting their case, including witness examination

and evidence introduction.

3. Legal Practitioners

• Comprising solicitors and barristers, they represent the

 parties’ interests.

• Responsibilities include:

• Preparing for trial and presenting the case effectively.

• Complying with court directions and overarching

obligations.

• Engaging in negotiations and settlement discussions.

4. Judge

• Presides over the trial and ensures fairness and legal

compliance.

• Responsibilities include:

• Overseeing trial conduct and admissibility of

evidence.

• Imposing sanctions for non-compliance.

• Instructing the jury and acting impartially.

• Assisting self-represented parties with procedural

guidance.

Case Management Powers of Judges

1. Power to Order Mediation

• Judges can mandate mediation to encourage settlements

without a formal trial, facilitating less adversarial
communication.

2. Power to Give Directions

• Judges issue instructions for the litigation process, such as

timelines and evidence disclosure, to promote efficiency
and fairness.

Overarching Obligations

In the Victorian civil justice system, parties and legal practitioners must
adhere to overarching obligations, which include:

• Acting honestly and avoiding frivolous claims.

 • Cooperating with other parties and the court.

• Not misleading or deceiving during proceedings.

• Using reasonable efforts to resolve disputes amicably.

• Disclosing relevant documents and minimizing delays.

These obligations aim to ensure a fair, efficient, and constructive

approach to civil disputes, fostering just outcomes for all parties
involved.

3.7 Civil Pre-Trial Procedures

Overview:Pre-trial procedures are activities that occur before a trial is

completed. This section focuses on three key procedures:

1. Pleadings

2. Discovery of Documents

3. Directions Hearing

1. Pleadings

• Definition:Formal written statements filed by each party in civil

litigation.

• Key Documents:

• Writ:

• Served by the plaintiff to inform the defendant of the

lawsuit and details of the case.

• Notice of Appearance:

• The defendant’s response indicating their intention

to defend the case.

• Statement of Claim:

• Outlines the plaintiff's case, including the facts and

remedy sought (no evidence included).

• Statement of Defence:
 • The defendant’s response detailing their version of
events and defenses.

• Counter-Claim:

• A separate action brought by the defendant against

the plaintiff, possibly heard in the same trial.

Purpose of Pleadings:

• Inform the court and defendant of claims.

• Allow the court to manage resolution processes.

• Provide the defendant a chance to counterclaim.

• Encourage out-of-court settlements.

2. Discovery of Documents

• Definition:A process allowing parties to obtain relevant

information and evidence from each other.

• Methods of Discovery:

• Interrogatories:

• Written questions posed to the opposing party for

clarification.

• Notice of Discovery:

• A demand for specific relevant documents.

• Oral Discovery:

• Parties may orally question each other.

• Medical Examination:

• The defendant may request the plaintiff be examined

by a medical expert.

Purpose of Discovery:
 • Ensures transparency and prevents surprises during trial.

• Allows each party to understand the other's case and prepare

effectively.

• Promotes out-of-court settlements.

3. Directions Hearing

• Definition:Hearings overseen by a judge to manage pre-trial

activities and set timelines.

• Purpose:

• Inform and prepare parties for trial.

• Set deadlines for litigation processes.

• Identify key issues in dispute.

• Encourage out-of-court settlements.

Importance of Directions Hearings:

• Facilitates a prompt, effective, and fair resolution.

• Can lead to delays if parties do not cooperate, particularly in

document exchanges.

Summary of Pre-Trial Procedures and Their Purposes

• Pleadings: Inform parties and court of claims, allow

counterclaims, and encourage settlements.

• Discovery of Documents: Ensures fairness and prepares

parties for trial while promoting settlements.

• Directions Hearing: Guides preparation, sets timelines, and

encourages settlements.

3.8 Remedies and Their Purposes

Overview:Remedies are court orders imposed on a defendant to
address civil wrongs once liability is established. Their primary purpose
is to provide a legal solution for the plaintiff who has suffered harm.

Purpose of Remedies

• Restoration: To restore the injured party to their position prior

to the infringement of rights.

• Compensation: To cover various losses, including pain and

suffering and loss of enjoyment of life.

Common Remedies

1. Damages

• Monetary awards to compensate the plaintiff for losses.

• Types of Damages:

• Compensatory Damages: Reimburse specific

losses (e.g., medical expenses, lost wages).

• Specific Damages: Easily quantifiable losses.

• General Damages: Not easily quantifiable;

consider long-term consequences.

• Aggravated Damages: For humiliation or

emotional distress caused by the defendant's
conduct.

• Exemplary Damages: Punitive damages aimed at

deterring future misconduct.

• Nominal Damages: Small amounts awarded to

recognize legal rights without significant financial
loss.

• Contemptuous Damages: Awarded when the court

disapproves of the plaintiff’s decision to sue,
reflecting trivial claims.

2. Injunctions
 • Court orders directing a person to stop or perform a
specific act.

• Types of Injunctions:

• Restrictive/Prohibitive Injunction: Orders

someone to refrain from a specific action (e.g., unfair
competition).

• Mandatory Injunction: Compels a person to

perform a specific act (e.g., completing a contract).

• Categories of Injunctions:

• Interlocutory Injunction: Temporary relief granted

in urgent situations.

• Final Injunction: Permanent order after a full

hearing.

Summary of Purposes

• For Damages:

• Compensate the plaintiff.

• Allow the plaintiff to make a point.

• Punish the defendant.

• Deter others from similar actions.

• Show contempt for frivolous claims.

• For Injunctions:

• Rectify situations caused by wrongful actions.

• Prevent ongoing breaches.

• Restore the plaintiff’s position.

• Provide temporary relief until a final determination is

made.

3.9 Alternative Dispute Resolution

Overview:Alternative Dispute Resolution (ADR) offers mechanisms to
resolve disputes outside of formal court proceedings. It is an
increasingly recognized option within the Australian justice system,
particularly for minor disputes where the costs of litigation may
outweigh the benefits.

Benefits of ADR

1. Cost-Effective:

• Generally less expensive than court proceedings due to

lower resource requirements and less need for extensive
legal representation.

2. Time-Saving:

• ADR processes are typically quicker than traditional court

proceedings, allowing for faster resolutions.

3. Informality and Flexibility:

• Provides a more relaxed environment for discussions,

which can lead to creative and tailored solutions.

4. Preserving Relationships:

• Focuses on open communication and collaboration, helping

parties maintain personal or business relationships.

5. Confidentiality:

• ADR processes are usually confidential, encouraging

honest dialogue without the risk of reputational damage.

Important Notes

• Voluntary Nature:

• While ADR is encouraged, it is not mandatory for parties to

engage in ADR before pursuing court action.

• Court Referrals:
 • Courts may refer parties to ADR or require mediation
before allowing litigation to proceed in some cases.

Overall, ADR provides a valuable alternative for resolving disputes,

allowing for solutions that better meet the needs of the parties
involved without the burdens of the traditional court system.

3.10 Alternative Dispute Resolution Venues

Overview:The main alternative venues for dispute resolution in

Victoria are:

1. Consumer Affairs Victoria (CAV)

2. Victorian Civil and Administrative Tribunal (VCAT)

Consumer Affairs Victoria (CAV)

CAV is a government agency focused on fair trading and consumer

rights in Victoria. It primarily handles consumer disputes but also
certain business-related conflicts.

Key Aspects of CAV:

• Dispute Resolution Services:

• Offers negotiation and conciliation services with trained

conciliators to help parties reach mutually agreeable
outcomes.

• Consumer Protection:

• Enforces consumer laws and educates consumers about

their rights.

• Licensing and Registration:

• Manages licensing for various professions and industries to

ensure compliance and accountability.
 • Product Safety and Recalls:

• Oversees safety regulations and manages product recalls

to protect consumers.

• Rental and Tenancy Matters:

• Provides assistance in resolving disputes between

landlords and tenants.

• Education and Awareness:

• Conducts campaigns and workshops to promote consumer

rights and protection.

Important Notes:

• CAV only accepts disputes initiated by consumers or tenants, not

businesses or landlords.

• Conciliation aims for a joint resolution, with Terms of Settlement

enforceable through courts if signed.

• CAV cannot hear disputes already before the courts or VCAT.

When CAV is Appropriate:

• The dispute falls within CAV's jurisdiction.

• Both parties are willing to participate in conciliation.

• There’s a good chance of settlement.

When CAV is Not Appropriate:

• Disputes currently before the courts or VCAT.

• Matters where a better resolution method exists.

Victorian Civil and Administrative Tribunal (VCAT)

VCAT is an independent statutory body that resolves a wide range of

disputes, including consumer and tenancy issues. It offers a more
accessible and efficient alternative to traditional court proceedings.

Key Features of VCAT:

• Jurisdiction:

• Handles consumer disputes, building disputes, tenancy

disputes, and more.

• Resolution Methods:

• Mediation: An independent mediator helps parties reach a

resolution.

• Compulsory Conferences: Confidential meetings to

explore settlement options.

• Final Hearings: Formal hearings where a VCAT member

makes a binding decision if disputes aren’t resolved earlier.

When VCAT is Appropriate:

• The dispute falls within its jurisdiction.

• Few complex legal issues are expected.

• Parties prefer a less formal and lower-cost resolution.

When VCAT is Less Appropriate:

• Disputes outside its jurisdiction (e.g., defamation, personal injury

claims).

• Cases involving complex legal issues or significant amounts of

money.

• Parties wanting legal representation or greater avenues of

appeal.

VCAT resolves around 85,000 disputes annually and aims to provide

high-quality, accessible dispute resolution processes.
3.11 Alternative Dispute Resolution Methods

Overview:There are four main methods of dispute resolution, but this

section focuses on three: Mediation, Conciliation, and Arbitration.
Judicial determination, which occurs in court, has already been
covered.

1. Mediation

• Definition:Mediation is a voluntary and informal process where

a neutral third party, the mediator, assists the parties in reaching
a mutually acceptable resolution. The mediator facilitates
communication, helps identify interests, and encourages solution
exploration without imposing decisions.

• Suitability:Ideal for disputes where ongoing relationships are

important.

• Outcome:Agreements can be binding if parties sign a

settlement.

• Usage:

• Courts:All court levels (Magistrates’, County, and

Supreme) can refer disputes to mediation.

• VCAT:Mediation is the first method of resolution, especially

for smaller civil disputes.

• CAV:While CAV can use mediation, it primarily employs

conciliation.

2. Conciliation

• Definition:Conciliation is similar to mediation, but the

 conciliator takes a more active role in suggesting solutions and
helping clarify issues. The conciliator encourages negotiation and
may propose settlement options.

• Suitability:Common in labor disputes, discrimination cases, and

administrative or consumer issues.

• Outcome:Like mediation, decisions may not be legally binding

unless a settlement is signed.

• Usage:

• Courts:Not commonly used in County and Supreme

Courts, but available under the Civil Procedure Act. Widely
used in the Family Court.

• VCAT:Parties may be ordered to a compulsory conference

using conciliation before a hearing.

• CAV:Conciliation is the primary dispute resolution method.

3. Arbitration

• Definition:Arbitration is a formal process where one or more

arbitrators (acting as private judges) consider evidence and
arguments from both sides and make a binding decision (arbitral
award).

• Suitability:Used in commercial disputes, construction matters,

and international disputes. It can be voluntary or mandatory.

• Outcome:The arbitrator's decision is binding and enforceable in

court.

• Usage:
 • Courts:Courts can refer disputes to arbitration with party
consent, particularly for small claims in the Magistrates’
Court (under $10,000).

• VCAT:Does not use arbitration.

• CAV:Does not use arbitration.

Summary of Methods

• Mediation: Informal, voluntary; focuses on mutual agreement;

binding only if settled.

• Conciliation: Similar to mediation but with a more active

conciliator; binding only if settled.

• Arbitration: Formal, binding decision; enforceable in court; can

be voluntary or mandatory.