glossary

Glossary

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Mediation is a way for you to resolve disputes using a third party. The mediator is neutral. This means that the mediator listens to both people and tries to help them find a solution that they agree on. With mediation, the third party helps both sides work together to resolve the dispute.

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Mediation-arbitration is a process that tries to solve your legal issues without going to court. It combines the alternative dispute resolution processes of mediation and arbitration.

First, you and your partner meet with a neutral mediator, who is trained to help you agree on your issues without taking sides. Then, if you haven't been able to reach an agreement with the mediator's help, a neutral arbitrator decides what should happen. An arbitrator's decision is called a family arbitration award.

You and your partner can decide if you want the same person to act as mediator and then, if necessary, as an arbitrator. Or, if you want different people to be the mediator and arbitrator.

Title: mediator
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In mediation, a worker and an employer meet with someone called a mediator. The mediator tries to help them find a solution that they agree on. The mediator is neutral, which means they don't take the side of the worker or the employer.

If the mediation process works, the worker and the employer make an agreement. This means they won't need to have a hearing at a court or tribunal, where a judge or adjudicator would decide for them.

Title: mediator
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When 2 parties don’t agree on something, a third person called a mediator can talk to both of them to try to help them reach an agreement. This process is called mediation. A mediator is neutral, which means they don’t take sides. They don’t have the power to decide anything or force anyone to agree to anything.

If the mediation process works, both parties will make an agreement on some or all of their issues. This will not need to have a hearing at a court or tribunal about the things they agree on. 

Title: mens rea
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Mens rea is one of the two elements of a crime the Crown must prove beyond a reasonable doubt to prove your guilt. If refers to your guilty state of mind.

For most crimes, the state of mind required is either you intended to do the act or you were reckless about the effect of your act. It doesn't matter if you didn't know the act was illegal. Not knowing the law is not an excuse or defence.

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A person has a mental disorder if they have an illness or disability that affects how their mind works. For example, it may affect their thinking, moods, or behaviour.

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People experiencing mental health issues who have been charged with low-risk criminal offences may be eligible for mental health diversion. If they are approved, mental health court workers assist the accused to develop a diversion plan to:

  • connect with appropriate services
  • schedule psychiatric assessments
  • secure basic needs
  • find short and long-term community support
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Capacity means being mentally able to make decisions. How this is tested depends on whether the decision is about:

  • personal care, such as bathing and getting dressed
  • health care and medical treatment
  • property and finances

Capacity also depends on the type of document you want to prepare,  for example:

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Capacity means being mentally able to make decisions. How this is tested depends on whether the decision is about:

  • personal care, such as bathing and getting dressed
  • health care and medical treatment
  • property and finances

Capacity also depends on the type of document you want to prepare,  for example:

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A minimum payment is the smallest amount of money that you must pay on a debt or bill each month in order to avoid late fees and to keep a good credit history. The minimum payment amount is set by the creditor based upon how much you owe.

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