Other Forms Of Dispute Resolution

Question 1

Alternative Dispute Resolutions (ADR)

Answer 1

• Negotiation is where the parties or their lawyers negotiate directly to see if they can find a solution.
• Mediation services are often used by a business where they have a dispute with another business. The parties in family cases normally have to attend a Mediation Information and Assessment Meeting to see if mediation is possible in the case.
• ADR is cheap, flexible and can allow the parties to remain on good terms.

Question 2

Tribunals

Answer 2

• Tribunals enforce rights granted by social and welfare legislation.
• Cases are heard in the first tier tribunal judge sitting alone or with two no lawyers as members of the panel.
• There is a right of appeal to the Upper Tribunal.
• Two examples of tribunals are Social Entitlement Chamber and Immigration And Asylum Chamber.

Question 3

Advantages of tribunals compared to courts

Answer 3

• Quicker.
• Cheaper.
• More informal.
• Use experts in the area.

Question 4

Disadvantages of tribunals compared to courts

Answer 4

• Lack of legal aid of applicants
• More formal than ADR.
• Delay in complex cases.

Question 5

Advantages of ADR

Answer 5

• Cheaper.
• In ADR parties have more control.
• Maintaining relationships.
• Binary settlements.

Question 6

Disadvantages of ADR

Answer 6

• No guaranteed outcome.