Alternitive Dispute Resolution. (adr)

Question 1

Why would someone choose adr?

Answer 1

Court cases are costly, complex and lengthy. ADR also allows greater involvement for parties in decision making.

Question 2

Name the 3 types of ADR.

Answer 2

Mediation
Negotiation
Tribunals

Question 3

What is meditation?

Answer 3

Mediation involves an independent third party meeting with the parties uh the dispute to try get them to reach a settlement. Mediators will not make suggestions but let the parties make decisions themselves. Mediation often is used in family disputes and business as no much bad blood so business can carry on.

Question 4

What is negotiation?

Answer 4

Negotiation is the least formal way to solve a dispute. Most parties in a dispute will try negotiation. It’s the easiest way to solve a dispute. Negotiation happens between solicitors. Can happen up to date if trail.

Question 5

What are tribunals.

Answer 5

Tribunals operate alongside the court system. They were established to allow individuals to enforce their entitlement to social and welfare rights.

Question 6

What act gave tribunals framework.

Answer 6

Tribunals, courts and entitlement act 2007

Question 7

How many cases do first tier tribunals deal with, how many judges and lay members does it have and chambers.

Answer 7

First tier tribunals deal with 300,000 cases a year and has nearly 200 judges and 3,600 lay members. It operates in 7 chambers. Legal aid is often not avaloble and decisions are legally binding.

Question 8

What is the structure of upper tribunal and what do they do?

Answer 8

Upper tribunal consists of 4 chambers and deals with appeals from first tier tribunals. Further appeals can be made to court of appeal then Supreme Court.

Question 9

Who does an employment tribunal consist of?

Answer 9

Employment tribunals exists outside of the reformed system. Employment tribunal cases are heard by a judge and 2 lay members. One from an employers organisation and one from an employees organisation. This gives them a clear understanding of the employment issue.

Question 10

What are the 7 chambers of first tier tribunal?

Answer 10

1) war, pensions and armed forces compensation
2) social entitlement chamber
3)health, education and social care chamber
4) general regulatory chamber
5) tax chamber
6) immigration and asylum chamber
7)property chamber

Question 11

What are the 4 chambers of upper tribunal?

Answer 11

1)Administrative appeals chamber.
2)tax and chancery chamber
3)immigration and asylum chamber
4)lands chamber