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.
