ADR Flashcards
What does administrative tribunals deal with?
Tribunals disputed between the individual and the state or another induvidual e.g Immigration and asylum tribunal, rent tribunals and employment tribunals
What does domestic tribunals deal with?
Tribunals disputed between organisations and its members e.g the football association, the bar council and the general medical council
Explain the people involved in tribunals
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.
Explain the procedure under which tribunals operate
- before it begins, the judge chairing the hearings reads the papers in the case
- Tribunals operate by the witnesses first giving their evidence
- when the evidence is given out they then start questioning
- they will then give a judgement based on the law, evidence and arguments that had happened in step 3
What are advantages of tribunals?
- privacy
- expertise
- cost
- flexibility
- speed
What are disadvantages of tribunals?
- lack of public funding
- influence of the chair person on the lay members
- appeals procedure
With reference to examples outline the types of dispute dealt with by negotiation
any dispute can be resolved using negotiation, mediation and conciliation are forms of negotiation.
Explain the people involved in negotiation and the procedure under which negotiation operates
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.
What are the advantages of using negotiation
- speed
- formality
- cost
- privacy
What are the disadvantages of using negotiation
- imbalance of power
- lack of legal expertise
- lack of certainty
- enforceability
With reference to examples outline the types of dispute dealt with by arbitration
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.
Explain the people involved in arbitration
the people involved in arbitration is an arbitrator from either the CIA or ACAS.
Explain how arbitration operates
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)
What are the advantages of arbitration
- expertise
- privacy
- informality
- speed
- cost
What are the disadvantages of arbitration
- possible lack of legal expertise
- cost
- appeals
- lack of popularity/awareness
- inconsistencies in decisions.
With reference to examples outline the types of dispute dealt with by mediation
the types of disputes dealt with mediation are disputes over children property and finance with the likes of the family law Act 1996
Explain the people involved in mediation
the people involved in mediation are the mediators and also the parties attending and also legal advisers (if any)
Explain how mediation operates
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.
What are the advantages of mediation
- speed
- convenience
- cost
- expertise
- privacy
What are the disadvantages of mediation
- imbalance of power
- lack of legal expertise
- lack of certainty
- enforceability
With reference to examples outline the types of dispute dealt with by conciliation
ACAS in employment tribunal cases
Explain the people involved in conciliation
conciliators, legal aid (if any) and the parties
Explain how conciliation operates
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.
What are the advantages of conciliation
- expertise
- pro-active element of conciliator
