Chapter 2: How the different criminal and civil courts work - Tribunals and other means of dispute resolution Flashcards
Tribunals
Tribunals:
- Are officially established bodies that can determine a resolution of a dispute
- Have similar powers to a court
Tribunals are officially established bodies that can determine a resolution of a dispute and have similar powers to a court.
What does the government also have relating to government services?
The government also has established ombudsmen relating to government services
The government also has established ombudsmen relating to government services.
What can ombudsmen do?
Ombudsmen can:
- Make recommendations
- Publish reports
How are many civil disputes and disagreements settled?
Many civil:
1. Disputes
2. Disagreements
are settled without a formal court hearing taking place
Many civil disputes and disagreements are settled without a formal court hearing taking place.
In recent years, what have governments encouraged claimants to do?
In recent years, governments have encouraged claimants to use other methods than court hearings
Tribunals are what courts?
Tribunals are inferior courts
The advantages of tribunals
The advantages of tribunals are that:
- They can deal with specialised issues
- They can be cheaper than conventional courts
- They can be quicker than the court system
- The procedure is simple and informal
The disadvantages of tribunals
The disadvantages of tribunals are that the:
- Applicants that pay legal professionals to represent them tend to be more successful
- Reasons for decisions reached are not always clear
An ombudsman
An ombudsman is an official who is appointed
The advantages of ombudsmen
The advantages of ombudsmen are that:
- The problem may be solved
- It can lead to recommended changes made to government agencies, or public bodies
The disadvantages of ombudsmen
The disadvantages of ombudsmen are that:
- Their powers are constrained by fact that they cannot deal with matters that could be dealt with by courts
- Complaints must be made through an elected representative
What does Alternate Dispute Resolution (ADR) refer to?
Alternate Dispute Resolution (ADR) refers to these methods of resolving a dispute:
- Negotiation
- Mediation
- Conciliation
- Arbitration
Alternate Dispute Resolution (ADR) refers to the following methods of resolving a dispute, negotiation, mediation, conciliation and arbitration.
Agreements reached in this way can then be what?
Agreements reached in this way can then be lodged with a Court
In October 2015, what did the government introduce?
In October 2015, the government introduced regulations that require traders to provide information on the availability of Alternative Dispute Resolution when customers are still in dispute
Negotiation
Negotiation is when parties involved:
1. Discuss issues
2. Compromise, or make a decision
about how the issues can be resolved
The advantages of negotiation
The advantages of negotiation are that:
- It is very informal
- It is private
- There is no cost
The disadvantages of negotiation
The disadvantages of negotiation are that the parties involved may not be able to:
1. Make a decision
Or,
2. Compromise
Mediation
Mediation is when parties discuss disputes with a neutral third party known as a mediator
The advantages of mediation
The advantages of mediation are that:
- It is much cheaper than courts
- Parties reach their own agreement
The disadvantages of mediation
The disadvantages of mediation are that the process:
- May not lead to a settlement
- Is not binding
Conciliation
Conciliation is when a conciliator is used to help to resolve disputes
Conciliation is when a conciliator is used to help to resolve disputes, but plays a more active role than a mediator.
Example
For example, they might suggest grounds for a possible compromise
The advantages of conciliation
The advantages of conciliation are that:
- It is much cheaper than litigation
- It is entirely private
- There is a good success rate
The disadvantages of conciliation
The disadvantages of conciliation are that:
- The process may not lead to a settlement
- It can put pressure on claimants to settle in employment cases
Litigation
Litigation is the process of taking legal action
Arbitration
Arbitration is the process where parties agree to have their dispute heard by a private arbitrator who will make a binding decision
The advantages of arbitration
The advantages of arbitration are that:
- It can be cheaper than courts
- It is quicker than court proceedings
- The decisions are binding and can be enforced by courts
- Parties can choose their own arbitrator
The disadvantages of arbitration
The disadvantages of arbitration are that:
- There is no state funding for arbitration
- Professional arbitrators’ fees can be high
- Using professional arbitrators and lawyers might cause delays similar to those experienced in the court system
Ombudsmen can make recommendations and publish reports, but their findings are what?
Ombudsmen can:
1. Make recommendations
2. Publish reports
,but their findings are not binding
Many civil disputes and disagreements are settled without a formal court hearing taking place.
In recent years, governments have encouraged claimants to use other methods than court hearings, which what?
In recent years, governments have encouraged claimants to use other methods than court hearings, which:
- Can be very expensive
- Use up a lot of court time, often on minor disputes
Tribunals are inferior courts.
They deal with what each year?
Tribunals deal with a large number of cases each year
Tribunals are inferior courts.
They deal with a large number of cases each year.
A variety of subjects are dealt with by what?
A variety of subjects are dealt with by specialised tribunals
Tribunals are inferior courts.
They deal with a large number of cases each year
A variety of subjects are dealt with by specialised tribunals.
These include what?
These subjects include:
- Employment
- Health and social care
- Pensions
- Finance and commerce
The disadvantages of tribunals are that the applicants that pay legal professionals to represent them tend to be more successful, which possibly highlights what, and the reasons for decisions reached are not always clear?
The disadvantages of tribunals are that the:
- Applicants that pay legal professionals to represent them tend to be more successful, which possibly highlights inequality for those that cannot afford this option
- Reasons for decisions reached are not always clear
An ombudsman is an official who is appointed to do what?
An ombudsman is an official who is appointed to:
- Check on government activity on behalf of an individual citizen
- Investigate complaints that are made
An ombudsman is an official who is appointed to check on government activity on behalf of an individual citizen and to investigate complaints that are made.
This can be where?
This can be in range of areas
An ombudsman is an official who is appointed to check on government activity on behalf of an individual citizen and to investigate complaints that are made.
This can be in range of areas, for example what?
This can be in range of areas, for example:
- Health services
- Local government
- Legal services
- Housing
The disadvantages of ombudsmen are that their powers are constrained by fact that they cannot deal with matters that could be dealt with by courts and complaints must be made through an elected representative and so this can be a barrier to who?
The disadvantages of ombudsmen are that:
- Their powers are constrained by fact that they cannot deal with matters that could be dealt with by courts
- Complaints must be made through an elected representative and so this can be a barrier to citizens wishing to scrutinise government actions
In October 2015, the government introduced regulations that require traders to provide information on the availability of Alternative Dispute Resolution when customers are still in dispute, after using what?
In October 2015, the government introduced regulations that require traders to provide information on the availability of Alternative Dispute Resolution when customers are still in dispute, after using the traders’ dispute processes
Mediation is when parties discuss disputes with a neutral third party known as a mediator.
The mediator does not do what?
The mediator does not disclose their own opinion
Mediation is when parties discuss disputes with a neutral third party known as a mediator.
The mediator does not disclose their own opinion, but instead acts as a what?
The mediator does not disclose their own opinion, but instead acts as a facilitator
Mediation is when parties discuss disputes with a neutral third party known as a mediator.
The mediator does not disclose their own opinion, but instead acts as a facilitator, who helps the parties do what?
The mediator does not disclose their own opinion, but instead acts as a facilitator, who helps the parties reach their own agreement
The advantages of mediation are that it is much cheaper than courts and parties reach their own agreement, so it is likely to what?
The advantages of mediation are that:
- It is much cheaper than courts
- Parties reach their own agreement, so it is likely to last longer than settlements that are forced on them
Conciliation is when a conciliator is used to help to resolve disputes, but plays a more active role than a what?
Conciliation is when a conciliator is used to help to resolve disputes, but plays a more active role than a mediator
The disadvantages of conciliation are that the process may not lead to a settlement and so parties may have to do what anyway, and it can put pressure on claimants to settle in employment cases?
The disadvantages of conciliation are that:
- The process may not lead to a settlement and so parties may have to litigate anyway
- It can put pressure on claimants to settle in employment cases
The disadvantages of conciliation are that the process may not lead to a settlement and so parties may have to litigate anyway and it can put pressure on claimants to settle in employment cases and mean that they might what?
The disadvantages of conciliation are that:
- The process may not lead to a settlement and so parties may have to litigate anyway
- It can put pressure on claimants to settle in employment cases and mean that they might accept a lesser settlement than a tribunal would award
Arbitration is the process where parties agree to have their dispute heard by a private arbitrator who will make a binding decision.
Many commercial contracts contain clauses which say the parties will do what to settle any disputes?
Many commercial contracts contain clauses which say the parties will use arbitration to settle any disputes
The disadvantages of arbitration are that there is no state funding for arbitration, professional arbitrators’ fees can be high, so may be as expensive as what, and using professional arbitrators and lawyers might cause delays similar to those experienced in the court system?
The disadvantages of arbitration are that:
- There is no state funding for arbitration
- Professional arbitrators’ fees can be high, so may be as expensive as courts
- Using professional arbitrators and lawyers might cause delays similar to those experienced in the court system
