Forms of dispute resolution

Question 1

What is ADR?

Answer 1

• Alternative Dispute Resolution
• This an option instead of going to court and includes negotiation and mediation

Question 2

What is negotiation?

Answer 2

• The process of trying to come to an agreement
• Individuals negotiate either directly with each other or with lawyers on their behalf
• These take place in private
• They are the quickest and cheapest way

Question 3

What is mediation?

Answer 3

• A neutral personal helps the parties compromise to a solution
• The mediator does not offer a solution
• A mediator is often used in family cases to show the court they have come to a solution
• It is not a legal decision

Question 4

What is a tribunal?

Answer 4

• They operate alongside the legal system and have become an important part of the legal system
• It is a way of gaining social rights instead of going to court

Question 5

What are the roles of a tribunal?

Answer 5

• They enforce social rights such as mobility allowance, right to pay if made redundant and the right not to be discriminated against

Question 6

What are the advantages and disadvantages of a tribunal?

Answer 6

• They are cheap, informal and have legal expertise
• They lack funding, they are more formal than ADR and can be unfamiliar or confusing
• There can be a delay in cases

Question 7

What is the appeal route for a tribunal?

Answer 7

1. First-tier
2. Upper tribunal
3. Court of Appeal
4. Supreme Court