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Dispute resolution

Dispute resolution (also called ‘alternative dispute resolution’) is a method of resolving disagreements without going to court.

It involves the people who are in dispute talking about the problem and coming to an agreement about how to solve it. You may work out a solution by yourselves or seek help from an impartial person (someone who is not involved in the dispute), such as a mediator or advocate.

Dispute resolution is a good first step in trying to reach agreement about many kinds of problems, including disputes:

  • between neighbours
  • between landlords and tenants
  • about goods and services
  • in the workplace.

Dispute resolution is usually quicker and cheaper than going to court.

Sometimes a court will require you to try to reach agreement using dispute resolution before it will hear your case. For example, in civil cases brought before the Magistrates’ Court.

Types of dispute resolution

Negotiation involves people in dispute communicating directly, either by speaking or in writing, to try to reach an agreement. It is a good first step for most types of dispute.

Mediation is when an impartial person (a mediator) helps people to negotiate with each other to resolve their dispute. It can be used when individuals have clear conflicts with each other.

Facilitation is like mediation but is used for groups that are in conflict, such as in planning matters or body corporate disputes. Facilitation can be used as a forum for different points of view to be discussed and considered in reaching an agreement. It is led by an impartial person (a facilitator).

Conciliation is a process in which the people in dispute try to reach an agreement with the assistance and advice of an impartial person (a conciliator). The conciliator usually has some experience of the matter in dispute and can advise the parties of their rights and obligations. Conciliation can be used for disputes where you need to uphold your rights, or need advice on what your rights and responsibilities are, such as in equal opportunity disputes.

Arbitration is a formal process in which the people in dispute present their case to an independent third person (the arbitrator), and are bound by that person's decision. Parties in dispute may agree to arbitration but often one person applies and the other person is required to participate. Arbitration is sometimes used when other methods of dispute resolution haven't worked, but it's most often used in situations like industrial relations disputes or tenant/landlord disputes.

Except for arbitration, people involved in dispute resolution come to their own agreement. Mediators, facilitators and conciliators can give information and advice, but do not impose a decision about how the dispute should be resolved.

Family dispute resolution

Family dispute resolution is the process of trying to come to an agreement about things like parenting arrangements or division of property, rather than going to court. The aim of family dispute resolution is to reach an agreement that is good for everyone involved and that is practical and workable.

If you apply for a parenting order on or after 1 July 2007, in most cases you must attach a certificate from a family dispute resolution practitioner with your application.

More information

Family dispute resolution

Going to court

Making a complaint

Neighbourhood law

Related publications

Right a wrong: where, when and how to complain in Victoria

You and family law: a short guide

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter.
Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

To find out more about any of our legal services see What we do.

Who else can help?

The Dispute Settlement Centre of Victoria has a free telephone service that will work with you to try to resolve your dispute. The centre will talk about your problem with you, discuss options, suggest negotiation strategies and organise mediation, if required. There is also a Rural Dispute Settlement Centre to provide help to people living in rural and regional areas.

Call 03 9603 8370 or 1800 658 528 (country callers) or use the self-help tool on the disputeinfo website (new window).

The centre does not deal with family law-related disputes. See ‘Family dispute resolution’ pages (link above) for information about services that can help.