Alternative Dispute Resolutions (ADR) And Tribunals

Question 1

What is ADR?

Answer 1

In order to avoid the costs of going to court, there are alternative methods to settling disputes.

Question 2

What are the alternative dispute resolutions?

Answer 2

Negotiation, mediation, conciliation and arbitration.

Question 3

What is negotiation?

Answer 3

Where the parties themselves try to sort things out. This could be done face to face or on paper. You can also get a solicitor to write a letter to the other party to put pressure on them.

Question 4

What is mediation?

Answer 4

Where there is a neutral third party helping the two parties negotiate between each other. They don’t give their own opinion of the problem/who’s in the right.

Question 5

What is conciliation?

Answer 5

Similar to mediation where a neutral third party is involved. Difference is the third party actively suggests solutions.

Question 6

What is arbitration?

Answer 6

Where the parties agree to let the third party make a binding decision.

Question 7

Explain arbitration in more detail?

Answer 7

• This like a court-like scenario, but a lot less formal. The matter is done in private.
• Both parties have to agree to go through the process. The date,time,place are flexible.

Question 8

What is Scott v Avery?

Answer 8

This is what most consumer contracts include now, where they make you go to arbitration first rather than court. These are known as Scott v Avery clauses. Examples of these are phone contracts, package holiday etc.

Question 9

Why do consumers use Scott v Avery clause?

Answer 9

To avoid going to court so there’s no bad publicity.

Question 10

Describe the arbitrator?

Answer 10

There can be from 1-3 arbitrators. The method of choosing the arbitrator is up to the two parties.

Question 11

Describe the hearing itself? (Arbitration)

Answer 11

Can either be ‘paper arbitration’- conducted on paper or face-to-face. Witnesses can be called. Arbitrators decision is final and legally binding. Can be appealed.

Question 12

What are tribunals?

Answer 12

Established as a mean of enforcing people’s social rights-sex/age/race discrimination, unfair dismissal etc.

Question 13

What is first-tier tribunals?

Answer 13

Handles about 600,000 cases a year. Nearly 200 judges, 3600 lay members.

Question 14

What are the different chambers for first-tier tribunal?

Answer 14

Social entitlement/Health,education,social care/war pensions and armed forces compensation/General regulatory/Taxation/Land,property and housing/Asylum and immigration.

Question 15

What is upper tribunal?

Answer 15

Hears appeals from the first-tier tribunal.

Question 16

What are the 4 chambers in upper tribunal?

Answer 16

Administrative Appeals chamber.
Tax and Chancery chamber.
Lands chamber.
Asylum and immigration chamber.

Question 17

What does administrative appeals chamber deal with?

Answer 17

Appeals from Social Entitlement,Health,Education/Social Care/War pensions and Armed Forces Compensation Chambers.

Question 18

Describe the procedures at tribunal?

Answer 18

Usually presided by one judge. They may be assisted by experts in certain fields, depending on trial. Both sides have opportunity to have their say. Applicants usually represent themselves. Trade union may provide legal representation.

Question 19

What are the advantages of Tribunals?

Answer 19

• Cheaper than courts (no formal buildings/judicial regalia etc) - Encouraged to take own cases…
• Less formal- no need for legal rep. Can be presented by accountant etc. (Link to cheaper)
• Have wide discretionary powers, they’re not bound by rigid doctrine of precedent.

Question 20

What are the disadvantages of Tribunals?

Answer 20

• Delay: if case is of complex nature then there could be a delay in hearing.
• Lack of funding: Legal aid mostly not available which may put applicant at disadvantage if other side use a lawyer.
• More formal than ADR.