10-Other forms of dispute resolution Flashcards
Apart from the Courts, what are the other main forms of dispute resolution?
1) Tribunals
2) Alternate Dispute Resolution (ADR)
What is a tribunal?
Less formal than courts. Forums used instead of a court for deciding certain types of disputes.
Less formal than courts. Forums used instead of a court for deciding certain types of disputes.
What is this a definition of?
Tribunals
What is the role of tribunals?
To enforce rights which have been granted through social and welfare legislation.
What Act most recently reformed the Tribunals?
Tribunals, Courts and Enforcements Act 2007
How does the Tribunal process work?
Supreme Court
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Court of Appeal
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Upper Tribunal
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First-tier tribunalHow many divisions are there in the First-tier tribunal?
7
What are the divisions of the First-tier tribunal?
1) Social entitlement
2) Health, edu and social care
3) War Pensions and armed forces
4) General regulatory
5) Tax
6) Land/ property/ housing
7) Asylum and immigration
How many divisions are in the Upper Tribunal?
4
What are the divisions of the Upper Tribunal?
1) Administrative appeals-cases from first 3 chambers of first-tier tribunal
2) Tax and chancery
3) Lands
4) Asylum and immigration
Where are appeals from the Upper Tribunal heard?
Court of Appeal
and subsequently…
the Supreme Court
What are some advantages to Tribunals?
1) Cheaper (than Court)
2) Quicker (than Court)
3) Informal
4) Conducted by experts in the area
Who represents applicants in a Tribunal?
Themselves generally
In what way is a Tribunal more likely to benefit from expertise?
Because 2 experts in the field consult the judge in each Tribunal.
What are some disadvantages of tribunals?
1) Lack of funding-legal aid not available
2) More formal than ADR
3) Potential for delay
