Alternative Dispute Resolution: Mediation, Tribunals, Negotiation

Question 1

A tribunal is an i___ court-type body that deals with s___ areas

Answer 1

Informal

Specialist

Question 2

Negotiation is when parties try to reach a ____ themselves

Answer 2

Compromise

Question 3

True or false: Mediation and Conciliation are the same thing

Answer 3

True

Question 4

Mediation is when an i___ t___ p___ helps parties reach a compromise

Answer 4

Independent third party

Question 5

True or false: Negotiation is the quickest way of resolving a dispute

Answer 5

True

Question 6

What are the four advantages of using Negotiation?

1. P___
2. I____
3. C___
4. S___

Answer 6

1. Private
   2 Informal
   3.Cheap
2. Speedy

Question 7

Give two reasons why negotiation is quicker

Answer 7

• No time is wasted on familiarisation

- People can meet at a convenient

Question 8

Give two reasons why negotiation being private is a good thing

Answer 8

• The parties cannot get negative publicity

- The parties can salvage their relationship

Question 9

What are the four disadvantages of negotiation?

1. Imbalance of ___
2. Lack of ____
3. Lack of ___ ___

Answer 9

1. Imbalance of POWER
2. Lack of CERTAINTY
3. Lack of LEGAL EXPERTISE

Question 10

How can an imbalance of power occur in negotiation?

Answer 10

One party may be able to afford lawyers whilst one is not able.

Question 11

What may happen in negotiation due to lack of legal expertise?

Answer 11

If it deals with a complex area of law like property, the parties may agree on a solution that isn’t enforceable or practical.

Question 12

Regarding negotiation, how could a lack of certainty lead to higher costs?

Answer 12

• Since precedent is not followed, the outcome is unpredictable.
• The parties may take one another to court after negotiation
• which in turn adds to the time and cost of the claim.

Question 13

True or false: If a dispute falls under the jurisdiction of a tribunal, you can still take it to court.

Answer 13

False- if a tribunal can deal with it, they must deal with it

Question 14

Most tribunals deal with disputes between an individual and whom?

Answer 14

An officer of a government department

Question 15

A party to party tribunal is one that deals with disputes between p_____ i___

Answer 15

Private individuals

Question 16

An example of a party to party tribunal is an e____ tribunal

Answer 16

Employment tribunal

Question 17

Where do appeals from the Employment tribunal go?

Answer 17

The employment appeal tribunal

Question 18

Most tribunals have been consolidated into the f___-t__ tribunal

Answer 18

First-tier tribunal

Question 19

An example of a tribunal under the first-tier category:

Answer 19

Mental Health Review tribunal

Question 20

An appeal from the first-tier tribunal goes where?

Answer 20

The Upper Tribunal

Question 21

True or false: You cannot appeal from the Upper Tribunal

Answer 21

False

Question 22

An appeal from the upper tribunal goes to the ___ __ ____

Answer 22

Court of appeal

Question 23

The only way an appeal can ascend from the upper tribunal is on a point of ___

Answer 23

Point of law

Question 24

True or false: The employment tribunal is not included in the first-tier tribunal

Answer 24

True- but it is also managed by the Tribunals Service

Question 25

True or false: Tribunal judges are not legally qualified

Answer 25

False- they’re legally qualified

Question 26

Tribunal members are specialist non-legal members of the panel like d___ or a____

Answer 26

Doctors

Accountants

Question 27

Generally, tribunals are heard by a p__

Answer 27

panel

Question 28

Who generally sits on the panel on a tribunal?

Answer 28

A judge and specialist laypeople