Forms Of Dispute Resolution UP TO UPPER TRIBUNAL Flashcards
Define tribunals
Forums used instead of a court to decide certain dispute types through social and welfare legislation. There are many different rights that they enforce such as
• right to mobility allowance
•redundancy payment
•right to not be discriminated against
• right of immigrants to claim for political asylum
How many types of tribunal are there
There was more than 70 but system reformed by Tribunals, Courts and Enforcement Act 2007, creating a unified structure and first tier and upper tier tribunals
What’s heard in the first tier tribunal
600k cases annually with 200 judges and 3600 lay members. Operates in 7 chambers (divisions)
• social entitlement(child support, criminal injuries compensation, gender recognition)
• health, education and social care (includes former mental health review tribunal which dealt with mental hospital patient appeals) and special educational needs also dealt with
• war pensions and armed forces compensation chamber
•taxation chamber
•land property and housing chamber
•asylum and immigration chamber
Also employment tribunal operating separately from first tier
What’s heard in the upper tribunal
Divided to four chambers:
Administrative appeals that hears appeals from: social entitlement, health education and social care and war pensions and armed forces
Tax and chancery
Lands chamber
Asylum n immigration
Where do further appeals go from Upper Tribunal
CoA and SC
How are tribunals composed
1st tier heard by tribunal judge, sometimes two non lawsuits sit with judge to help decide, who have expertise in tribunal area . Employment tribunals one person will be from employers org and one from employees so gives them clear understanding of employment issues
What’s the procedure in tribunals
Both sides must be given opportunity to put their case; some done formally with oaths, witnesses and cross examination. Some are less formal. Funding for representatives only available scarcely so most applicants don’t have a lawyer and represent their own case where a judge will try to make sure their case is put forward fully. Decision binding
Advantages of tribunal
Cheaper- less legal fees as encouraged to represent themselves.Less likely to have large bill if lose case
Quick
Informal n private
Expertise- Non lawyers sit to hear case with tribunal judge. Members of panel are experts in type of case being heard. Good knowledge and understating of an issue
Disadvantages of tribunals
Lack of funding- legal aid funding not available for most tribunals which could put side at advantage if others have funding. Legal aid available for fundamental human rights cases ie asylum seekers
Formal than ADR- place is unfamiliar and procedure confusing for individuals presenting own cases. Where applicants not represented judge is expected to take an inquisitorial role and help to establish points applicant wants to make
Delay- non lawyers sit part time so a complex case lasting several days can last months
What is ADR
Alternative ways of resolving disputed without resorting to courts
Define negotiation
Process of trying to come to an agreement
Advantages of negotiating
Completely private and quick and avoids court. Lawyers for parties will often negotiate even when court proceedings started to keep trying to settle
Define mediation
Using a neutral person in a disputed to help parties come to a compromise solution
What does a mediator do
Not tell parties his own opinions and instead act as a facilitator to try and reach an agreement between parties. Only suitable if hope parties can cooperate
Why is mediation important in family cases
Usually have it show they attended a MIAM (mediation information and assessment meeting). Exceptions are like domestic violence
