employment tribunals and adr

Question 1

prodecure

Answer 1

-informal
- dont have to have legal representative but most defendant employers will have a legal department or access to legal firm

Question 1

draw the list for tribunals girl

Answer 1

Supreme Court

COA (civ div)

aSylum and immigration employment
appeal tribunal appeal tribunals

asylum and immigration employment
tribunals tribunals

Question 2

results of tribunals

Answer 2

• tribunals can find in favour of claimant
  encourage a settlement
  if settlement cannot be agreed, tribunal will give compensation to claimant

-tribunal find in favour of defendent/employer
no comp for C as they lost case but they can be ordered to pay legal fees for themselves and the defendants

Question 3

appeal

Answer 3

either party unhappy w tribunals decisions, 14 days to appeal to the employment appeal tribunal, further appeal through coa civ div and supreme court

Question 4

adr stands for?

Answer 4

alternative dispute resolution

Question 5

what is adr

Answer 5

-methods of resolving disputes without litigation
-name given when parties come to a. compromise without going to court

Question 6

what is the 3 types of adr

Answer 6

mediation, conciliation, arbitration

Question 7

what is mediation

Answer 7

-neutral 3rd party (mediatior) facilitates discussions and agreements
- consult individually with each party, carry offers to and from, and report back
- do not give own opinions unless asked
- parties in control
- requires cooperation, as agreement needed
- no guarantee of resolution , may have to go back to courts

Question 8

what is concilliation

Answer 8

-neutral 3rd party facilitates a resolution, but plays a more active role
- makes suggestions e.g areas for compromise
- can’t call witness or seek evidence

Question 9

name one organisation that provides concillators

Answer 9

ACAS ( the advisory conciliation and arbitration service)

Question 10

what is arbitration

Answer 10

• ## where parties agree I writing to settle their claims by a private person, not a judge

Question 11

what is arbitration governed by

Answer 11

Arbitration act 1996

Question 12

what are the 2 types of arbitration

Answer 12

paper arbitration
oral submission with witnesses

Question 13

what is the award for arbitration

Answer 13

the decision made by the abritratior
binding on the parties
enforced by the courts

Question 14

advantages of mediation and conciliation

Answer 14

• cheaper than courts
• agreements are more likely to last as they are a compromise and in a sense everyone wins
• maintains working relationship and can include decisions about future dealings
• less formal and does not follow the strict letter of law

Question 15

disadvtanges of mediation and conciliation

Answer 15

• no guarantee that dispute will be resolved
• will not work unless both parties are willing to co operate and reach a compromise
• settlements are often a lot lower than what would be given in courts
• agreements can’t be enforced, so no pressure to stick it it

Question 16

advtange of arbitration

Answer 16

-uses experts
- quicker and cheaper than courts
- parties have control of choosing arbitrator, procedure, time and place

Question 17

disadvantage of arbitration

Answer 17

• can be just as delayed as court cases
• rights of appeal are limited
• fees may be just as expensive as courts