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Y1-Law 2 > 3- Other Forms of Dispute Resolution > Flashcards

3- Other Forms of Dispute Resolution Flashcards

1
Q

What are tribunals?

A

Forums used instead of courts for deciding certain types of disputes. Less formal than courts.

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2
Q

How do tribunals operate?

A

Operate alongside the court system and are an important part of legal system

Began as a method of enforcing entitlement to certain social rights after introduction of welfare state.

Going to court isn’t an option for the parties in tribunal cases, tribunal must be used instead of court proceedings.

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3
Q

What is the role of tribunals?

A

To enforce rights which have been granted through social and welfare legislation such as:

  1. Right to mobility allowance
  2. Right to payment if one is made redundant from work
  3. Right not to be discriminated against bc of one’s sex, race, disability or age
  4. Right of immigrants to have a claim for political asylum heard.
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4
Q

How are tribunals organised?

A
  1. First tier tribunal
  2. Upper tribunal
  3. Court of Appeal
  4. Supreme Court
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5
Q

Explain the first tier tribunal

A

600,000 cases/year
200 judges
3.600 lay members

Cases here heard by a tribunal judge
In some cases 2 non-lawyers will sit to make the decision. They will have expertise in the area (ex: medically qualified)
In Employment Tribunals, 1 person is usually from an employers organisation.

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6
Q

How many chambers does a first tier tribunal have?

A

7:

  1. Social Entitlement Chamber (child support)
  2. Health, education and social care chamber (mental health, special education needs)
  3. War pensions and Armed Forces Compensation Chamber
  4. General Regulatory Chamber
  5. Taxation Chamber
  6. Land, Property and Housing Chamber
  7. Asylum and Immigration Chamber
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7
Q

How many chambers does the upper tribunal have?

A

4:

  1. Administrative Appeals Chamber (hears appeals from 1st 3 first tier tribunal chambers)
  2. Tax and Chancery Chamber
  3. Lands Chamber
  4. Asylum and Immigration Chamber
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8
Q

What are the advantages of tribunals?

A
  1. Cheapness- applicants encouraged to represent themselves- no costs associated with court hearings
  2. Quick hearings: Most tribunal hearings are very short and can be dealt with in 1 day
  3. Informality- parties usually represent their own cases and most cases heard in private
  4. Expertise- Experts in the type of case heard sit to hear the case with tribunal judge
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9
Q

What are the disadvantages of tribunals?

A

Lack of funding- Legal aid funding not available- problem if the other side uses a lawyer (legal aid available if case involves human rights)

More formal than ADR- Place is unfamiliar and procedure confusing for individuals, who won’t make their point clear sometimes

Delay- Can be delays in getting a hearing
Use of non-lawyers makes it difficult bc they sit part time and in cases that take several days proceedings can be spread for weeks or even months.

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10
Q

What are the two major forms of dispute resolution alternative to the civil courts?

A

Tribunals and ADR

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11
Q

What are the 2 main types of ADR?

A

Negotiation and mediation

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12
Q

What is negotiation?

A

Type of ADR. Process of trying to come to an agreement

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13
Q

What is mediation?

A

Type of ADR. Using neutral person in a dispute to help parties come to a compromise solution

  1. Mediator consults with both parties to find common ground
  2. Offers will be carried between each party
  3. Mediator does not express their own views, they act as facilitators
  4. Important in family matters. A Meditation Information Assessment Meeting (MIAM) has to be attended.
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14
Q

What are the adv and disadv of negotiation?

A

ADVANTAGES

  1. Private, quick and cheap
  2. If no agreement, a solicitor can be instructed to negotiate a settlement
  3. Lawyers can continue to negotiate on behalf of clients even if court proceedings have begun
  4. Gets people talking
  5. Less stress by the process

DISADVANTAGES

  1. If a lawyer is involved, there is a cost
  2. Negotiations can go on longer if a lawyer is involved
  3. Some disputes drag on for years only to end in an agreed settlement ‘at the door of the court’ on the morning of trial.
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15
Q

What are the adv and disadv of mediation?

A

ADVANTAGES

  1. Parties in control of mediation process
  2. Decision based on commercial common sense and compromise
  3. Easier to continue to do business in the future
  4. Avoids adversarial conduct in the courtroom and winner/loser dispute

DISADVANTAGES

  1. Mediation only suitable if there is hope of cooperation between parties
  2. Not compulsory
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16
Q

What is ADR?

A

Any method of resolving a dispute which does not resort to using the courts.

17
Q

What are different mediation services?

A
  1. Centre for Effective Dispute Resolution (CEDR)
  2. West Sussex Mediation Service
  3. Kent Family Mediation
  4. Online Dispute Resolution
18
Q

Explain how the CEDR works

A

Business disputes

Set up in London in the 90’s

Many important companies as members (big London law firms)

In 2016: 10,000 commercial mediations/year involving 10.5 billion worth of commercial claims- saves 2.8 billion in management time, relationships, productivity and legal fees.

85% disputes settled at the mediation or shortly after.

19
Q

Explain how the West Sussex Mediation Service works

A

Services aimed at resolving smaller disputes between neighbours

Resolve disagreements arising from matters like noise, car-parking, dogs or boundary fence disputes

Also mediation to workplace disputes and family disputes

20
Q

Explain how the Kent Family Mediation works

A

Mediation for family issues

Family based disputes on property, finances and children

21
Q

Explain how the Online Dispute Resolution works

A

People don’t need to physically meet to create agreement

Reasons that many people choose to mediate remotely:

 - No needing to attend physical meetings
 - Lower cost
 - Geographical distance
 - Less pressure
22
Q

Why is ADR better than the courts?

A
  1. ADR cheaper for small disputes and larger commercial disputes
  2. Parties are in control. They choose to stop at any time
  3. Agreement only reached when both sides accept it- might be an advantage for courts
  4. Future relations are protected as both parties avoid adversarial court proceedings where there is a winner and a loser.

Y1-Law 2 (8 decks)

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