Alternative Dispute Resolution: Mediation, Tribunals, Negotiation Flashcards
A tribunal is an i___ court-type body that deals with s___ areas
Informal
Specialist
Negotiation is when parties try to reach a ____ themselves
Compromise
True or false: Mediation and Conciliation are the same thing
True
Mediation is when an i___ t___ p___ helps parties reach a compromise
Independent third party
True or false: Negotiation is the quickest way of resolving a dispute
True
What are the four advantages of using Negotiation?
- P___
- I____
- C___
- S___
- Private
2 Informal
3.Cheap - Speedy
Give two reasons why negotiation is quicker
- No time is wasted on familiarisation
- People can meet at a convenient
Give two reasons why negotiation being private is a good thing
- The parties cannot get negative publicity
- The parties can salvage their relationship
What are the four disadvantages of negotiation?
- Imbalance of ___
- Lack of ____
- Lack of ___ ___
- Imbalance of POWER
- Lack of CERTAINTY
- Lack of LEGAL EXPERTISE
How can an imbalance of power occur in negotiation?
One party may be able to afford lawyers whilst one is not able.
What may happen in negotiation due to lack of legal expertise?
If it deals with a complex area of law like property, the parties may agree on a solution that isn’t enforceable or practical.
Regarding negotiation, how could a lack of certainty lead to higher costs?
- 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.
True or false: If a dispute falls under the jurisdiction of a tribunal, you can still take it to court.
False- if a tribunal can deal with it, they must deal with it
Most tribunals deal with disputes between an individual and whom?
An officer of a government department
A party to party tribunal is one that deals with disputes between p_____ i___
Private individuals
An example of a party to party tribunal is an e____ tribunal
Employment tribunal
Where do appeals from the Employment tribunal go?
The employment appeal tribunal
Most tribunals have been consolidated into the f___-t__ tribunal
First-tier tribunal
An example of a tribunal under the first-tier category:
Mental Health Review tribunal
An appeal from the first-tier tribunal goes where?
The Upper Tribunal
True or false: You cannot appeal from the Upper Tribunal
False
An appeal from the upper tribunal goes to the ___ __ ____
Court of appeal
The only way an appeal can ascend from the upper tribunal is on a point of ___
Point of law
True or false: The employment tribunal is not included in the first-tier tribunal
True- but it is also managed by the Tribunals Service
True or false: Tribunal judges are not legally qualified
False- they’re legally qualified
Tribunal members are specialist non-legal members of the panel like d___ or a____
Doctors
Accountants
Generally, tribunals are heard by a p__
panel
Who generally sits on the panel on a tribunal?
A judge and specialist laypeople
