ADR

Question 1

What does administrative tribunals deal with?

Answer 1

Tribunals disputed between the individual and the state or another induvidual e.g Immigration and asylum tribunal, rent tribunals and employment tribunals

Question 2

What does domestic tribunals deal with?

Answer 2

Tribunals disputed between organisations and its members e.g the football association, the bar council and the general medical council

Question 3

Explain the people involved in tribunals

Answer 3

the people that are involved in tribunals are called chairpersons and lay members, there will usually be one chairperson and two lay members in a tribunal. they are selected by a panel of people who have expertise in the matter under dispute.

Question 4

Explain the procedure under which tribunals operate

Answer 4

1. before it begins, the judge chairing the hearings reads the papers in the case
2. Tribunals operate by the witnesses first giving their evidence
3. when the evidence is given out they then start questioning
4. they will then give a judgement based on the law, evidence and arguments that had happened in step 3

Question 5

What are advantages of tribunals?

Answer 5

• privacy
• expertise
• cost
• flexibility
• speed

Question 6

What are disadvantages of tribunals?

Answer 6

• lack of public funding
• influence of the chair person on the lay members
• appeals procedure

Question 7

With reference to examples outline the types of dispute dealt with by negotiation

Answer 7

any dispute can be resolved using negotiation, mediation and conciliation are forms of negotiation.

Question 8

Explain the people involved in negotiation and the procedure under which negotiation operates

Answer 8

the people involved in negotiation is parties or representatives, negotiation operates by no fixed procedure but there will often be a meeting that will commence with each party stating their position. lawyers will often encourage their clients to reach an agreement without resorting to court so its quicker and cheaper.

Question 9

What are the advantages of using negotiation

Answer 9

• speed
• formality
• cost
• privacy

Question 10

What are the disadvantages of using negotiation

Answer 10

• imbalance of power
• lack of legal expertise
• lack of certainty
• enforceability

Question 11

With reference to examples outline the types of dispute dealt with by arbitration

Answer 11

the types of dispute dealt with by arbitration are claims started in the employment tribunal, mostly large commercial contracts that contain an arbitration clause and a number of trade and professional organisations offering an arbitration faculty.

Question 12

Explain the people involved in arbitration

Answer 12

the people involved in arbitration is an arbitrator from either the CIA or ACAS.

Question 13

Explain how arbitration operates

Answer 13

Arbitration operates by enforcing business contracts for example which are then heard privately in court to preserve reputation, the decision is then legally binded and then they can appeal to the high court under to sections, (section 68. serious irregularity and 69. point of law)

Question 14

What are the advantages of arbitration

Answer 14

• expertise
• privacy
• informality
• speed
• cost

Question 15

What are the disadvantages of arbitration

Answer 15

• possible lack of legal expertise
• cost
• appeals
• lack of popularity/awareness
• inconsistencies in decisions.

Question 16

With reference to examples outline the types of dispute dealt with by mediation

Answer 16

the types of disputes dealt with mediation are disputes over children property and finance with the likes of the family law Act 1996

Question 17

Explain the people involved in mediation

Answer 17

the people involved in mediation are the mediators and also the parties attending and also legal advisers (if any)

Question 18

Explain how mediation operates

Answer 18

mediation takes place in a private and neutral setting with procedures varying but typically each party puts forward its own position, the mediator tries to negotiate between the parties and encourage to reach a decision.

Question 19

What are the advantages of mediation

Answer 19

• speed
• convenience
• cost
• expertise
• privacy

Question 20

What are the disadvantages of mediation

Answer 20

• imbalance of power
• lack of legal expertise
• lack of certainty
• enforceability

Question 21

With reference to examples outline the types of dispute dealt with by conciliation

Answer 21

ACAS in employment tribunal cases

Question 22

Explain the people involved in conciliation

Answer 22

conciliators, legal aid (if any) and the parties

Question 23

Explain how conciliation operates

Answer 23

the procedure is very similar to mediation, they will meet and settle an agreement and if an agreement is not settled then it will go to court.

Question 24

What are the advantages of conciliation

Answer 24

• expertise

- pro-active element of conciliator

Question 25

What are the disadvantages of conciliation

Answer 25

• imbalance of power