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The Nature Of Law > the other forms of dispute resolution > Flashcards

the other forms of dispute resolution Flashcards

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1
Q

what is a tribunal

A

forums used instead of a court for deciding certain types of disputes.They are less formal than courts.

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2
Q

what is the role of tribunal

A

tribunals enforce rights which have been granted through social and welfare legislation

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3
Q

with what types of rights tribunal deals ?

A

the right to 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 not to be discriminated against because of one’s sex , race, age, or disability

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4
Q

main point of firts-tier tribunal

A

deals wit about 600 000 cases
has 200 judges
has 3600 lay members
it operates in 7 chambers

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5
Q

which are the 7 chambers the first-tier chamber operates?

A

social entitlement chamber
healt , education and social care chamber
war pensions and armed forces compensation chamber
land, property and housing chamber
asylum and imigration chamber

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6
Q

what is social entitlement chamber

A

it covers a wide range of matters such as child support , criminal injuries compensation and gender recognition

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7
Q

which is the trinunal that operates separately from the first-tier tribunal

A

the employement tribunal

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8
Q

which claims the Employement tribunal hears

A

regarding unfair dismissal
redundancy, and
discrimination

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9
Q

in how many chambers the upper tribunal is devided

A

4

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10
Q

which are the chamber of the upper tribunal

A

administrative appeals chamber
tax and chancery chamber
lands chamber
asylum and imigration chamber

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11
Q

appeal route in tribunal cases is…

A

first-tier tribunal→upper tribunal→court of appeal→supreme court

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12
Q

composition of tribunal main points

A

firts-tier tribunal→ cases are heard by a tribunal judge

for some types of cases , 2 non lawyer will sit with the judge to make the decision

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13
Q

procedure in tribunals main points

A

both side must be given an opportunity to put their case
funding is only available in few cases so most applicants will not have a lawyer
judges must try to make sure that the applicant puts the case fully
the decision of the tribunal is binding

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14
Q

advantages of tribunals

A

cheap
more quickly
more informally
expertise

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15
Q

disadvantages

A

lack of funding
more formal than ADR
Delay

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16
Q

ADR stands for

A

alternative dispute resolution

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17
Q

what is negotiation

A

the process of trying to come to an agreement

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18
Q

reasons why ADR are encouraged

A 
complexity 
court time 
cost of litigation 
public funding 
stress to litigants 
publicity
19
Q

main points of mediation

A

the role of the mediator is to consult with each party
a mediator will not tell the parties their own view of the merits of the dispute
mediator is suitable if there is some hope that the parties can cooperate

20
Q

what is mediation

A

using a neutral person in a dispute to help the parties to come to a compromise solution

21
Q

mediation services

A

CEDR-centre for effective dispute resolution 1991

22
Q

disadvantages to mediation

A

there is no guarantee the matter will be resolved

if not it will then be necessary to go to the court

23
Q

what is conciliation

A

an independent third party is involved to assist the negotiation , and the conciliator will also give her or his suggestion

24
Q

what is arbitration

A

the arbitrator decides the outcome,the hearing is held private and the decision is final and binding

25
Q

uses of arbitration

A

technical matters
professional disagreements
trade matters
codes of practice

26
Q

what are technical amtters

A

the arbitrator can be an expert in the field so they will save time as they will understand the technicalities and terminology without this having to be explained to them

27
Q

what is professional disagreement

A

the parties can ensure that the chosen arbitrator understands their profession

28
Q

what are trade matters

A

the case can be looked at as a whole where the trade crosses the national boundaries

29
Q

what are codes of practice

A

within some organisation , an arbitration clause is present stating that if the dispute concerns one of their members , then the consumer has a choice of whether to use arbitration instead of litigation

30
Q

Advantages of arbitration

A 
less expensive than litigation 
parties can choose their arbitrator
faster than litigation in solving the dispute
less stressful than litigation 
held in private
31
Q

disadvantages of arbitration

A

a legal point may arise in the case which is not suitable for decision by a non lawyer arbitrator
if a professional arbitrator is used , his fees may be expensive
the right of appeal are limited
they do not bind any person other than the parties

32
Q

reasons for using the arbitration

A

arbitration must be used in place of litigation

the parties can choose an arbitrator as an alternative to be going to the court

33
Q

steps of arbitration

A 
arbitrator is chosen 
arbitrator will be contacted 
arbitrator is ppointed 
arbitrator calls a preliminary meeting 
further meetings
hearing takes place
arbitrator makes an award
34
Q

what are the 5 steps of negotiation

A 
prepare
information exchange and validation 
bargain
conclude
execute
35
Q

what happens in the first step of negotiation

A

Identify potential value
Begin to understand interests
Develop fact-base

36
Q

what happens in the second step of negotiation

A

Discovering and creating value
Assess interests
Build rapport and trust

37
Q

what is happening in the third step of negotiation

A

Create and distribute value
Address interests
Make and manage concessions

38
Q

what is happening in the fourth step of negotiation

A

Capture value
Confirm interests have been met
Thank them

39
Q

what is happening in the 5th step of negotiation

A

Expand value
Addressing changing interests
Strengthen relationships

40
Q

What awards can be in arbitration

A

specific performance -ordering the losing party to do something
damages-compensation

41
Q

Is there any right to appeal

A

yes, through only trough high court

42
Q

How to enforce the award

A

through the high court

43
Q

If you would like some more law revision materials, i invite you to my website

A

https://www.mylawrevisionclass.com/

The Nature Of Law (15 decks)

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