Session 13, other forms of dispute resolution Flashcards
1
Q
What are tribunals?
A
Bodies who hear cases from people enforcing their entitlement to certain social rights. They do not go to court
2
Q
What rights do tribunals enforce?
A
- right to mobility allowance
- right to payment if been made redundant
- right to not be discriminated against
- right to political asylum
3
Q
What is the structure of Tribunals?
A
- First-tier tribunal
- Upper tribunal
4
Q
What are characteristics of First-tier tribunals?
A
- deals with first instance cases
- 7 chambers/ divisions:
- social entitlement
- health, education, social care
- war pension
- general regulatory
- taxation chamber
- land and property
5
Q
What are characteristics of Upper Tribunals?
A
- hear appeal cases
- divided into 4 divisions
- administrative
- tax and chancery
- land chamber
- asylum and immigration chamber
6
Q
Who hears First-tier Tribunals?
A
- Tribunal judge
- some cases 2 non lawyers with expertise in field
7
Q
What is the procedure in Tribunals?
A
- both sides put their case ( sometimes formally or cross examined)
- applicants usually put forward own case
- binding decision
8
Q
What are the advantages and disadvantages of Tribunals?
A
Advantages
- quicker
- by experts in the area
Disadvantages
- lack of funding/legal aid
- more formal that ADR
9
Q
What is ADR?
A
- alternative dispute resolution
- method of resolving disputes without court
- informal negotiation with parties
10
Q
What is negotiation?
A
- parties or their lawyers try come to an agreement
- quickest and cheapest method
- can happen when court proceedings have commenced
11
Q
What is mediation?
A
- neutral mediator is introduced in dispute
- mediator consults both parties to find common ground
- only suitable if parties can cooperate
- mediation assessment to see if it is possible first
12
Q
Compare courts and ADR
A
- ADR cheaper
- ADR parties in control
- ADR is flexible
