Civil Dispute Resolution Flashcards
civil dispute resolution other options
Tribunals
ADR (negotiation/mediation)
tribunal case examples
• Right to mobility allowance for disabled people
• Enforcement of redundancy payment
• Discrimination cases
• Immigration claims for political asylum
first-tier tribunal
Deals with approx. 600,000 cases per yr operating in 7 chambers.
upper tribunal
Hears appeals divided into 4 chambers (Administrative, Tax and Chancery, Lands, Asylum and Immigration)
tribunal structure order
first tier tribunal
upper tribunal
court of appeal
supreme court
tribunal process
cases heard by tribunal judge, non-lawyers with experience in the area of concern (eg. immigration policy) will sit with the judge to assist. non-lawyers are usually one from the employer’s organisation and another from an employees organisation.
tribunal process pt.2
Both sides present their case, sometimes with witnesses, but funding for legal representation is rare, leading many to self-represent. Decisions are binding.
advantages of tribunals
Cheap
Quick hearing
Informality
Expertise
disadvantages of tribunals
Lack of funding
More formal than ADR
Delay
what is ADR? (alternative dispute resolution)
ADR refers to resolution methods outside of courts eg. negotiation and mediation.
positives of negotiation in ADR
Private negotiation and mediation are quick and cost-effective. Parties negotiate directly or through solicitors, with ongoing negotiations even during court proceedings.
negatives of negotiation in ADR
Disputes may last for years, settling on the day of trial. Parties may bluff, wasting time.
mediation in ADR
Neutral mediators help parties find common ground and exchange offers, providing impartial opinions, especially crucial in family cases where mediation is mandatory before court.
Mediation promotes compromise over legal judgments, fostering future cooperation, particularly beneficial for businesses.
