Hybrid Conflict Resolution Quiz

The principle ensuring all parties get an opportunity to present their case in arbitration.

The process of making an arbitration award legally binding in court.

An application allowed without the presence of the opposing party, often to enforce an award in arbitration.

An ADR process that allows for a non-binding decision after court proceedings have started.

Roles similar to judges' associates, assisting in arbitration, but are difficult to obtain.

Ensuring the lawsuit is directed toward the right individual or entity.

Legal requirement to inform parties by issuing documents to the correct address.

Conditions that must be met, such as mediation, before arbitration begins.

Parties must choose an arbitrator within 40 days of a notice received from ACICA.

A preliminary meeting to establish the process of arbitration.

An arbitration agreement must be in writing for it to be valid.

When court proceedings must be paused to refer the parties to arbitration as per an agreement.

Arbitration cannot proceed if the agreement is declared invalid or impossible to perform.

A process that combines opinions to facilitate mediated outcomes and keep options open.

A conclusion reached by an impartial party in a dispute resolution process.

All parties must agree to finalize based on the decision made in case appraisal.

Confidentiality is a major reason parties choose alternative dispute resolution.

A driving factor for parties to seek resolutions quickly, rather than prolonged trials.

A meeting facilitated by a judge to finalize a matter before a trial, involving discussions and evaluations.

Documents created for a settlement conference cannot be used in court later, promoting candor.

Judges assess the weaknesses in a party's case during settlement conferences, guiding decisions.

Parties accept decisions if no objection is raised, but must secure an order.

Courts possess the same authority to make a costs order as case appraisers.

Parties can choose trial if unhappy with a decision; risks costs if outcome is poorer than appraisal.

Case appraiser's technical expertise includes retired judges and experienced barristers or silks.

Case appraisal applies to conduct and compensation agreements for land access under a specific act.

An expert appointed to help with alternative dispute resolution, not all are legal experts.

Facilitative processes including mediation, conciliation, and case appraisal to resolve disputes.

Offers non-binding oral opinions; can assist in negotiations but opinions cannot be used in proceedings.

A process where a conciliator helps parties reach an agreement without making a binding decision.

Conciliation involves a time frame set by a third party, while mediation is flexible based on costs.

A conciliator evaluates the strengths and weaknesses of parties' positions without making decisions.

Different roles in conflict resolution, like judges (determinative) or mediators (facilitative).

Ombudsman officers provide information and educate parties but do not assist in decision-making.

Meetings facilitated by a conciliator where both sides discuss issues and possible solutions.

Compiled data trying to define conciliation, highlighting the ambiguity in standards.

Over 23,000 conciliations take place each year in Australia, showcasing its use.

A facilitative dispute resolution process involving discussions assisted by a conciliator.

The function performed by the conciliator distinctly aiding in dispute resolution, different from mediation.

Time allocated for parties to share information together to clarify issues in dispute.

Confidential individual discussions between a party and the conciliator to explore issues freely.

The conciliator checks how agreed terms fit legal and regulatory requirements.

Absence of a universally accepted definition of conciliation in Australian law.

Conciliation outcomes do not impose a decision but aim to assist parties in reaching a mutual agreement.

The agenda or list of issues outlined for discussion during the conciliation process.