Final answer:
Courts, VCAT, and CAV use conciliation to help disputing parties reach a mutual agreement with the help of a conciliator, promoting dialogue and compromise without the need for formal trials. Conciliation offers an accessible and impartial approach to dispute resolution, often serving as a precursor to other methods if an agreement is not reached.
Step-by-step explanation:
Courts, the Victorian Civil and Administrative Tribunal (VCAT), and the Consumer Affairs Victoria (CAV) all employ the process of conciliation to resolve disputes.
Conciliation is a form of alternative dispute resolution (ADR) that involves the assistance of a neutral third party, known as the conciliator, who helps the disputing parties to identify issues, explore solutions and negotiate an agreement. The goal of conciliation is to reach a mutual agreement without the need for a formal trial.
In conciliation, each party has the opportunity to present their views and discuss the issues with the conciliator. The conciliator does not make a binding decision but works to facilitate dialogue and compromise between the parties.
This is especially useful in cases where a continuing relationship between parties is desirable, such as in consumer or tenancy disputes.
Courts may use conciliation at various stages of legal proceedings, often before a trial is set to begin. VCAT and CAV operate mainly to resolve disputes outside the traditional court system, offering a more accessible and impartial platform where parties can resolve their differences without the formalities and expenses associated with court proceedings.
Should parties not reach an agreement during conciliation, they may then proceed to other forms of dispute resolution, including arbitration or a court hearing.