the other forms of dispute resolution

Question 1

what is a tribunal

Answer 1

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

Question 2

what is the role of tribunal

Answer 2

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

Question 3

with what types of rights tribunal deals ?

Answer 3

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

Question 4

main point of firts-tier tribunal

Answer 4

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

Question 5

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

Answer 5

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

Question 6

what is social entitlement chamber

Answer 6

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

Question 7

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

Answer 7

the employement tribunal

Question 8

which claims the Employement tribunal hears

Answer 8

regarding unfair dismissal
redundancy, and
discrimination

Question 9

in how many chambers the upper tribunal is devided

Answer 9

4

Question 10

which are the chamber of the upper tribunal

Answer 10

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

Question 11

appeal route in tribunal cases is…

Answer 11

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

Question 12

composition of tribunal main points

Answer 12

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

Question 13

procedure in tribunals main points

Answer 13

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

Question 14

advantages of tribunals

Answer 14

cheap
more quickly
more informally
expertise

Question 15

disadvantages

Answer 15

lack of funding
more formal than ADR
Delay

Question 16

ADR stands for

Answer 16

alternative dispute resolution

Question 17

what is negotiation

Answer 17

the process of trying to come to an agreement

Question 18

reasons why ADR are encouraged

Answer 18

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

Question 19

main points of mediation

Answer 19

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

Question 20

what is mediation

Answer 20

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

Question 21

mediation services

Answer 21

CEDR-centre for effective dispute resolution 1991

Question 22

disadvantages to mediation

Answer 22

there is no guarantee the matter will be resolved

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

Question 23

what is conciliation

Answer 23

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

Question 24

what is arbitration

Answer 24

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

Question 25

uses of arbitration

Answer 25

technical matters professional disagreements trade matters codes of practice

Question 26

what are technical amtters

Answer 26

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

Question 27

what is professional disagreement

Answer 27

the parties can ensure that the chosen arbitrator understands their profession

Question 28

what are trade matters

Answer 28

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

Question 29

what are codes of practice

Answer 29

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

Question 30

Advantages of arbitration

Answer 30

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

Question 31

disadvantages of arbitration

Answer 31

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

Question 32

reasons for using the arbitration

Answer 32

arbitration must be used in place of litigation | the parties can choose an arbitrator as an alternative to be going to the court

Question 33

steps of arbitration

Answer 33

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

Question 34

what are the 5 steps of negotiation

Answer 34

``` prepare information exchange and validation bargain conclude execute ```

Question 35

what happens in the first step of negotiation

Answer 35

Identify potential value Begin to understand interests Develop fact-base

Question 36

what happens in the second step of negotiation

Answer 36

Discovering and creating value Assess interests Build rapport and trust

Question 37

what is happening in the third step of negotiation

Answer 37

Create and distribute value Address interests Make and manage concessions

Question 38

what is happening in the fourth step of negotiation

Answer 38

Capture value Confirm interests have been met Thank them

Question 39

what is happening in the 5th step of negotiation

Answer 39

Expand value Addressing changing interests Strengthen relationships

Question 40

What awards can be in arbitration

Answer 40

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

Question 41

Is there any right to appeal

Answer 41

yes, through only trough high court

Question 42

How to enforce the award

Answer 42

through the high court

Question 43

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Answer 43

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