The Legal System - Forms of Dispute Resolution Flashcards
What are Tribunals?
-Forums used instead of a court for deciding certain types of disputes. They are less formal that courts.
What are the role of tribunals?
They enforce the rights that have been granted by legislation. Such as,
- the right to a mobility allowance for those who are too disabled to walk more than a very short distance.
- the right to a payment if one is made redundant from work.
- the right to not be discriminated against because of ones sex, race, age or disability.
- the right of immigrants to have a claim for political asylum heard.
First Tier Tribunals.
-Deals with about 600,000 cases each year.
The diferent chambers are:
-Social Entitlemrnt Chamber, this covers a wide range of matters such as child support and criminal injuries.
-Health, Education and Social Care Chamber, this deals with special educational needs issues.
-War Pensions Chamber
-Taxation Chamber
-Asylum and Immigration Chamber
Upper Tribunals
Thsi is divided into 4 Chambers: -Administrative Appeals Chamber -Tax and Chancery Chamber -Lands Chamber Asylum and Immigration Chamber
Advantages of Tribunals
- Cheap
- Quick
- More Informal
- By experts in that area
- Quick hearing
Disadvantages of Tribunals
- Lack of funding
- Delay
- More formal than ADR
What is Alternative Dispute Resolution?
This is a way of resolving a dispute without resorting to the courts.
Explain Negotiation as a form of ADR
Anyone who has a dispute with someone can try to resolve it by Negotiating directly with them. It has the advantage of being completely private and is also the quickest and cheapest method of solving a dispute.
Advantages of Negotiation
- It can be conducted by the parties themselves.
- It can be done at any point in the dispute.
- It is the cheapest method of resolving a dispute.
Disadvantages of Negotiation
- It is not always successful.
- It is not suitable where parties are antagonistic.
Explain Mediation as a form of ADR
This is where a neutral mediator helps the parties to reach a compromise solution. The role of the mediator is to communicate between the two parties and see how much common ground there is between them.
Explain Conciliation as a form of ADR
This is similar to mediation where are neutral third party will help resolve the dispute. But in this they will play more of a proactive role as they discuss issues with both parties and help them reach a better understanding.
Advantages of using both Mediation and Conciliation
- Parties are in control and can withdraw at any point.
- The decision does not need to be strictly legal and instead can be common sence.
- It make is easier for companies to continue business with each other in the future.
Disadvantages of using both Mediation and Conciliation
- There is no grantee that the matter will be resolved.
- For it to be successful there must be a skilled Mediator or Conciliator.
- The amounts paid out are often lower than in courts.
Explain Arbitration as a form of ADR
This is where parties agree to submit their claims in private, without the need for a court case.