dispute resolution

Question 1

what does ADR include

Answer 1

negotiation and mediation

Question 2

structure of tribunals

Answer 2

-separated at first instance into 7 divisions dealing with specific areas of law and four divisions for appeals
-first tier tribunals head cases at first instance and upper tribunals hear appeals from the first tier
-there is a possible appeal route to the court of appeal and from here an appeal route to the supreme court
-a separate first-tier and upper tribunal exist for disputes involving employment law

Question 3

role of tribunals

Answer 3

-system of administrative tribunals runs alongside the civil courts system
- tribunals were established to deal with a wide variety of specific areas of social and welfare legislation which impact everyday life, for example school exclusions/immigration issues or employment rights.

Question 4

Negotiation

Answer 4

the most basic form of ADR where an individual attempts to resolve the issue directly, privately and possibly face to face with the other party
- EXAMPLE: noise caused by neighbours
returning faulty goods to a shop
receiving poor service from a tradesperson

Question 5

advantage/disadvantage negotiation compared to litigation

Answer 5

Advantage: potentially the quickest, cheapest, most informal way of settling a dispute between parties, as no court or lawyers are involved

Disadvantage: requires confrontation with the other party.
- if the dispute is not settled the case may go to court which will involve costs and the court may insist the parties go back to negotiation before trial.

Question 6

Mediation

Answer 6

Slightly more formal than negotiation but still a relatively informal method of dispute resolution. A neutral third-party mediator attempts to resolve the issue with both parties without giving their views or giving their opinion.
EXAMPLE: businesses negotiating or renegotiating contracts. marriage guidance to avoid separation or divorce.

Question 7

advantage/disadvantage of mediation compared to litigation

Answer 7

advantage: the parties are in effect in control of proceedings and decisions.
- based on common sense rather than decisive legal rules

Disadvantage: will only work if both parties agree and cooperate.
-many decisions may not ultimately be binding on both parties.