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