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A-LEVEL LAW > Alternative Dispute Resolution (ADR) > Flashcards

Alternative Dispute Resolution (ADR) Flashcards

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1
Q

What are tribunals? (1)

A

Forums used instead of a court for deciding certain types of disputes, are less formal than courts…

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2
Q

What are the main roles of tribunals? (4)

A

They enforce rights that have been granted through social and welfare legislation, such as:
-right to disability allowance
-right to not be discriminated against
-right for immigrants to claim political asylum

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3
Q

What is the hierarchy of the tribunal system? (4)

A

-first - tier tribunal
-upper tribunal
-court of appeal
-supreme court

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4
Q

What is the first-tier tribunal divided into? (1)

A

It is divided into 7 chambers (divisions)

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5
Q

What are the 7 chambers of the first-tier tribunal? (7)

A

-social entitlement chamber
-health, education and social care chamber
-war pensions and armed forces compensation chamber
-general regulatory chamber
-taxation chamber
-land, property and housing chamber
-asylum and immigration chamber

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6
Q

Which tribunal sits outside of the first tribunal? (1)

A

The employment tribunal

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7
Q

What does the employment tribunal deal with? (2)

A

Hears claims for such matters:
-unfair dismissal
-redundancy
-discrimination

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8
Q

What is the social entitlement chamber? (2)

A

This covers matters such as child support, criminal injuries compensation and gender recognition.

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9
Q

What does the health, eduction and social care chamber? (2)

A

This includes mental health review (former tribunal) which dealt with appeals against the continued detention of those in mental hospitals. Also deals with special educational needs issues.

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10
Q

What is the upper tribunal divided into? (1)

A

The upper tribunal is divided into 4 chambers (divisions).

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11
Q

What are the chambers of the upper tribunal? (4)

A

-the administrative appeals chamber
-tax and chancery chamber
-lands chamber
-asylum and immigration chamber

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12
Q

What does the administrative chamber deal with? (3)

A

Hears appeals from:
-Social entitlement chamber
-Health, education and social care chamber
-war pensions and armed forces compensation chamber

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13
Q

What does the taxation and chancery chamber deal with? (6)

A

Hears appeals from:
-taxation chamber
-general regulatory chamber
-(also) financial conduct authority
-pensions regulator
-bank of England
-HM treasury

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14
Q

What does the lands chamber deal with? (1)

A

Hears appeals from:
-the land property and housing chamber (except 1)

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15
Q

What does the asylum and immigration chamber deal with? (1)

A

Hears appeals from:
-asylum and immigration chamber, (but not involving visa application, human rights and entering UK)

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16
Q

What judges are first-tier tribunals head by? (1)

A

Cases in the first-tier tribunal are heard by a tribunal judge, also o some cases lay judges will also sit with them.

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17
Q

What are lay judges? (1)

A

Are non-lawyers who sit with a qualified judge who have expertise in a particular field of the tribunal.

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18
Q

What are the advantages of tribunals? (4)

A

-cheapness
-quick hearings
-informality
-expertise

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19
Q

What are the disadvantages of tribunals? (3)

A

-lack of funding (legal aid is not available)
-more formal than ADR
-delay

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20
Q

What does ADR stand for? (1)

A

Alternative dispute resolution

21
Q

What is ADR? (1)

A

Includes any method of resolving a dispute without escorting to using the courts.

22
Q

What are the types of ADR? (2)

A

-negotiation
-mediation
-arbitration
-conciliation

23
Q

What is negotiation?(1)

A

The process of trying to come to an agreement.

24
Q

What is mediation? (1)

A

Using a neutral person in a dispute to help the parties come to a compromise solution.

25
Q

What are the advantages of negotiation? (3)

A

-is completely private
-quick deals
-cheap

26
Q

What are the disadvantages of negotiation? (4)

A

-when solicitors and lawyers are involved it can become costly
-may not be successful and may end up in court anyway
-can take ie if parties cannot agree on solution
-can become unfriendly

27
Q

What are the advantages of mediation? (4)

A

-is easy to set up
-can be set up in a quick time period
-can be a more civil way of settling disputes-are confidential and private
-cheap

28
Q

What are the disadvantages of mediation? (4)

A

-may not be successful and may end up with a court case being opened anyway
-no guarantee dispute will be resolved
-private and no media attention
-mediation settlement are often lower than court settlements

29
Q

What does ODR stand for?(1)

A

Online dispute resolutions.

30
Q

What does MIAM stand for? (1)

A

Mediation information and assessment meeting.

31
Q

What does CEDR stand for? (1)

A

Centre for effective dispute resolution.

32
Q

Why is mediation important (family situations)? (1)

A

Is important in family cases:
-families must prove that they have attended a MIAM before starting any court proceedings. (Exceptions for domestic violence).

33
Q

Why is mediation important (business)? (1)

A

An important dispute resolution is CEDR, which was set up in 1991.

34
Q

Who proposed an online court? (1)

A

Lord Briggs in 2016.

35
Q

Why did lord Briggs propose an online court? (1)

A

Proposed under the report ‘online dispute resolution for low value claims’ in the hope that by 2020 it would be operational.

36
Q

What is conciliation? (1)

A

is a process where the people in dispute try to reach an agreement with the assistance and advice of an impartial person (a conciliator).

37
Q

What is a conciliator? (1)

A

The conciliator usually has some experience of the matter in dispute and can advise the parties of their rights and obligations.

38
Q

What is arbitration? (1)

A

is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute.

39
Q

What is the statute that governs arbitration? (2)

A

Part 1 of the Arbitration Act (sections 1 to 84) governs arbitration agreements that are made or evidenced in writing.

40
Q

What are the main functions of arbitration? (4)

A

-resolving contractual disputes between management and labour
-addressing interests of different parties in bargaining situations
-settling litigated claims through court-annexed programs
-resolving community disputes.

41
Q

What is an arbitrator? (1)

A

Anyone who is an expert in the relevant sector of the dispute can be an arbitrator to a case.

42
Q

What is the role of an arbitrator? (1)

A

play the role of a neutral person who makes decisions on the dispute based on the evidence given by both parties.

43
Q

What is the result of an arbitration case? (1)

A

When the arbitrator makes a decision, this is called an award and it’s legally binding. If you don’t agree with the decision, you can’t take your case to court to get the decision changed.

44
Q

What happens during an arbitration hearing? (1)

A

The arbitrator selected for that particular case will listen to both parties, looking at the evidence they have given and decides from that what the outcome should be.

45
Q

What are the advantages of arbitration? (3)

A

-often faster than litigation in court
-can be cheaper and more flexible for businesses
-arbitral proceedings and an arbitral award are generally non-public, and can be made confidential.

46
Q

What are the disadvantages of arbitration? (3)

A

-No Appeals: The arbitration decision is final.
-lack of transparency makes the process more likely to be biased
-arbitration decisions are also infrequently reviewed by the courts

47
Q

What are the advantages of conciliation? (3)

A

-The parties can choose the timing, language, place, structure and content of the conciliation proceedings
-Conciliation ensures the expertise of the decision maker.
-A conciliator does not have to have a specific professional background

48
Q

What are the disadvantages of conciliation? (3)

A

-it relies on the parties accepting the authority of the conciliator
-it relies on the parties wanting to achieve a resolution
-If either of the parties involved do not enter the process with the right attitude, then it may prove a waste of time and money.

49
Q

What is a conciliator? (1)

A

also called an administrative judge, is responsible for helping two parties come to an agreement or negotiate terms outside of the court.

A-LEVEL LAW (45 decks)

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