ADR Flashcards
Briefly give 4 points explaing tribunals
Infromal mechanism for civil justice
Operate in informal and relaxed manner
First teir/statutory - established by legislation
Many companies have domestic tribunal systems
What are tribunals subject to?
Judicial review
What is the composition of a tribunal?
One legally trained chair person and two lay people with extensive subject knowledge in that area
Who reviews and oversees tribunals?
Administrative Judtice and Tribunals Council
Name 3 examples of different tribunals
Copyright
Rent
Employment
Outline the franks proccess on tribunals
1957 - Lord chancellor set up franks committee to study administrative justice
1957 - Franks Report - Openness, fairness and impartiality
1958 - Tribunals and Enquires Act, consolidating the 1971 act
Outline the Leggatt Process for tribunals
2001 - Leggatt Review reccomend and found that;
There be no new employment court
More employment tribunal locstions
That there were 1 million cases a year
More effort to reduce needs for solicitors and barristers each year
Followed by 2004 white paper
What is mediation?
Negotiation facilitated by neutral third party
Mutually agreed decisions
Common in small claims, family and housing courts
Is mediation voluntary?
Mostly, can be forced by court orders and some statutes
What can’t mediators do?
Influence either side, but they can pass the case on to the courts
What is Arbitration?
Binding method of dispute resolution for business disputes
Third party arbitrator hears both sides of evidence and makes a decision
Which act governs arbitration?
Arbitration Act 1996
What does S.1 of the Arbitration Act state?
Object of Arbitration is to obtain a fair, quick and cost effective resolution
Name 3 others forms of ADR
Concillation
Executive hearings or mini trials
Adjudication
Under which act do courts have a duty to encourage ADR
Civil Procedure Rules 1999
