other forms of ADR

Question 1

adr

Answer 1

• a way of settling legal disputes outside of court

Question 2

negotiation

Answer 2

• first method in trying to resolve a dispute
• parties will communicate directly with each other
• may be face to face, via letter, phone or email
• many cases settles on the morning of a court hearing

Question 3

disputes dealt with by negotiation

Answer 3

• low-key disputes

Question 4

negotiation procedure

Answer 4

• parties must focus on issues rather than personalities to be successful
• no costs involved unless reps are involved
• cheaper and quicker than others

Question 5

mediation

Answer 5

• a third party acts as a messenger
• mediator can’t make suggestions and have to remain neutral
• mediators may be selected by mediation bodies, such as the centre for effective dispute resolution

Question 6

disputes dealt with by mediation

Answer 6

• separating couples (family law act 1996)
• possibly children, property and finance
• growing number of services aimed at solving small disputes (e.g west kent independent mediation service)

Question 7

mediation procedure

Answer 7

• takes place in a private and neutral setting
• each party puts forward their position
• mediator acts as a ‘go-between’ and cannot force a settlement
• an agreement will become legally binding
• no agreement = tribunal

Question 8

tribunals

Answer 8

• enforces the rights which have been granted through social and welfare legislation
• exists alongside the main court structure and relieves the burden of the courts

Question 9

organisation of tribunals

Answer 9

• now regulated under the tribunals, courts and enforcement act 2007
• following aims:
  1. speeding up the delivery of justice
  2. making processes easier for the public to understand and more user friendly

Question 10

disputes dealt with by tribunals

Answer 10

• administrative
• domestic

Question 11

first tier tribunals

Answer 11

• deals with around 600,000 cases each year and operates in seven chambers:
  1. social entitlement
  2. health, education and social care
  3. war pensions and armed forces compensation
  4. general regulatory
  5. taxation
  6. land, property and housing
  7. asylum and immigration

Question 12

upper tribunals

Answer 12

• used as an appeal route from first tier
• four chambers:
  1. administrative appeals
  2. tax and chancery
  3. land
  4. asylum and immigration

Question 13

tribunals procedure

Answer 13

• must follow the rules of natural justice (both parties must have time to prepare and given a fair hearing)
• parties and witnesses give evidence, which is given an oath
• not bound by the strict rules of precedent
• no fees (available to all)