#Exam 1-Tribunals and ADR Flashcards
What is the role of tribunals
They deal with cases related to social and welfare legislation, such as workplace discrimination
What did the tribunals, courts and enforcement act 2007 set up
It created a structure to follow Supreme Court Court of appeal Upper tribunal First- tier tribunal
How many judges does the first tier tribunal have
200
What are the 7 chambers or divisions of the first tier tribunal
- social entitlement- child support, housing etc
- Health education and social care chamber- special educational needs issues
- war pensions and armed forces compensation
- general regulatory chamber
- taxation chamber
- Land property and housing chamber
- Asylum and immigration chamber
There is also an employment tribunal
What does the upper tribunal do
It hears appeals from the first tier as well the fact it operates in 4 other divisions
What are the advantages of a tribunal
Cheaper then the court system- people encouraged to represent themselves
Quick hearings- can be dealt with in one day
Informality- more informal heard in private
Expertise- still has expertise of a tribunal judge
What are the disadvantages of a tribunal
Lack of funding- legal aid not available for most tribunals
More formal then ADR-place is unfamiliar and may be confusing for someone to represent themselves
Delay- proceedings. An be spread of weeks or months
Why is ADR used
Can save money and time and sometimes the court comes up with an outcome that neither party is happy with
What are the 4 types of meditation in ADR
Negotiation
Mediation
Conciliation
Private arbitration
What is negotiation
When there is a negotiation directly with the person you are in a dispute with
What are the advantages of negotiation
Can be at any point in the dispute
Conducted by the parties themselves
Cheapest of all methods
Can lead to agreement about future business deals
What are the disadvantages of negotiation
It may be unsuccessful
Not suitable for two parties who won’t Cooperate
Can prolong the whole thing
What is mediation
When a neutral person brings disagreement to an end through bringing both to common ground
Where is mediation typically used
Family cases as well as companies
What is conciliation
Similar to mediation however the conciliator takes a more proactive role and voices an opinion whereas a mediator doesn’t
