Chapter 9: Tribunal Procedure Before Hearing

Question 1

Who has the right to Notice of hearing

Answer 1

The right of notice to hearing may be extended to anyone who may have right to participate in the hearing

Question 2

Standing

Answer 2

The right to participate in hearing

Question 3

Party

Answer 3

A person with the full right to participate in hearing. A person whose rights and interests are directly or substantially affected

Question 4

Intervenors

Answer 4

A non party given limited rights of participation

Question 5

Preliminary hearing

Answer 5

A hearing between parties and tribunal in order to address all issues and topics pertaining to the dispute

Question 6

ADR

Answer 6

Alternative Dispute Resolution

Question 7

2 Strengths of settlement

Answer 7

1. Can lead to beneficial custom decision

2. Save costs

Question 8

2 cases When to discourage settlement

Answer 8

1. Need to protect greater public interest

2. Would be contrary to interest of other parties

Question 9

4 Mechanisms to encourage Settlements

Answer 9

1. Disclosure
2. Setting firm hearing date
3. Preliminary hearings
4. Mediation or other ADR

Question 10

3 types of hearing processes

Answer 10

1. Oral
2. Written
3. Electronic

Question 11

Preliminary Motions

Answer 11

Motions that both parties agree should be left out of trial.