#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
Advantages of mediation and conciliation
Can withdraw at any time
Not strictly legal
Easier for businesses
Everyone wins through mediation
What are the disadvantages to mediation and conciliation
No guarantee it will be resolved
Requires skilful meditator or conciliator
Lower settlements in mediation
What is arbitration
Information submitted to the judge, treated like a court case however parties have a choice in how it is settled
What are the advantages of arbitration
Can choose which arbitrator is best for them Hearing time can suit both parties Informal hearing Private Quicker Cheaper Final and enforced through courts
Disadvantages of arbitration
Legal point may arise
Expensive in a formal hearing
Rights of appeal are limited
Delays for commercial and international arbitration
what is ODR
ways to solve disputes online
what services provide ODR
eBay, resolver, and the financial ombudsman
what are the advantages of ODR
done from own home
free and even when there are charges it stops lawyers fees
ODR works across countries
disadvantages of ODR
only suitable fro certain types of dispute
may still be necessary to start court proceedings
evaluate use of ADR in comparison with the courts
cheaper no legal fees
commercial mediators can be used instead of lawyers saving money
ADR gives the parties control
one winner one looser in courts
