ELS-Other forms of dispute resolution Flashcards
Types of dispute resolution.
- Tribunals
- ADR
When was the tribunal system developed?
2nd half of 20th century
Alongside what was the Tribunal system set up?
The Welfare system
Social legislation
Who do tribunals operate alongside?
The court system
What do the tribunals deal with?
Manners not generally dealt with by the courts
Examples of things dealt with by tribunals.
Right to welfare payments
Right to freedom from discrimination at work
Employment issues including unfair dismissals
Asylum claims
Organisation and process of tribunals.
- First-tier tribunals
- The Upper Tribunals
- Additional appeals = CoA
- Ultimately = Supreme Court
How many Chambers (divisions) are first-tier tribunals divided into?
7
What are the 7 Chambers (divisions) of first-tier tribunals?
Social Entitlement Chamber
Health, Education and Social Care Chamber
War Pensions and Armed Forces Compensation Chamber
General Regulatory Chamber
Taxation Chamber
Land, Property and Housing Chamber
Asylum and Immigration Chamber
Which tribunal operates separately from the first-tier tribunal?
The Employment Tribunal
What does the Upper Tribunal do?
Hears appeals from the First-Tier Tribunals
What are the 4 Upper Tribunals?
Administrative Appeals Chamber
Tax and Chancery Chamber
Lands Chamber
Asylum and Immigration Chamber
Who are first-tier tribunals heard by?
Tribunal judge, sometimes alongside 2 non-lawyers who have expertise in the area e.g., medic to consider Mobility Allowance.
Who will the judge sit with in the Employment Tribunal?
Employers’ organisations and an employees’ organisations
What happens in tribunals?
Both sides given opportunity to give their case-in some, process will be more formal than others.
Generally speaking, who will represent people in Tribunals?
People will represent themselves, generally, in Tribunals.
Those in front of Tribunals always have access to legal aid.
True or False?
False-rarely have access
What is ADR?
Alternative Dispute Resolution
Why might both parties go through with ADR?
May not desire a dispute go through court
Why might neither party want a dispute to go to court?
It’s expensive
Time-consuming
Its’s public (including the press)
How does the state benefit from ADR?
Reduces the number of cases going through court and thus saves court costs.
2 ways ADR takes place.
Negotiation
Mediation
Types of ADR which are available.
Negotiation
Mediation
What happens during negotiation?
Where 2 parties try to come to an agreement between themselves.
Often lawyers will continue to try and negotiate an agreement as proceedings towards a trial are ongoing.
What happens during mediation?
Neutral mediator serves as a go-between, facilitating the 2 parties to negotiate an agreement.
Mediator does not give their own opinion, merely facilitates.
In family cases, what will parties have to normally show where they want to take the case to court?
Have to show they attended a Mediation Information and Assessment Meeting (MIAM) before a court will see the case.
What does mediation allow the parties to agree on?
A compromise based on common-sense, which unlike if it goes to the courts, does not need to be based on a strict application of the law.
There are a wide range of mediation services available in different areas of the country.
Give an example of one.
Centre for Effective Dispute Resolution
Disadvantage of mediation.
If it fails, the attempt may delay the whole process.
