the other forms of dispute resolution Flashcards
what is a tribunal
forums used instead of a court for deciding certain types of disputes.They are less formal than courts.
what is the role of tribunal
tribunals enforce rights which have been granted through social and welfare legislation
with what types of rights tribunal deals ?
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
main point of firts-tier tribunal
deals wit about 600 000 cases
has 200 judges
has 3600 lay members
it operates in 7 chambers
which are the 7 chambers the first-tier chamber operates?
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
what is social entitlement chamber
it covers a wide range of matters such as child support , criminal injuries compensation and gender recognition
which is the trinunal that operates separately from the first-tier tribunal
the employement tribunal
which claims the Employement tribunal hears
regarding unfair dismissal
redundancy, and
discrimination
in how many chambers the upper tribunal is devided
4
which are the chamber of the upper tribunal
administrative appeals chamber
tax and chancery chamber
lands chamber
asylum and imigration chamber
appeal route in tribunal cases is…
first-tier tribunal→upper tribunal→court of appeal→supreme court
composition of tribunal main points
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
procedure in tribunals main points
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
advantages of tribunals
cheap
more quickly
more informally
expertise
disadvantages
lack of funding
more formal than ADR
Delay
ADR stands for
alternative dispute resolution
what is negotiation
the process of trying to come to an agreement
reasons why ADR are encouraged
complexity court time cost of litigation public funding stress to litigants publicity
main points of mediation
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
what is mediation
using a neutral person in a dispute to help the parties to come to a compromise solution
mediation services
CEDR-centre for effective dispute resolution 1991
disadvantages to mediation
there is no guarantee the matter will be resolved
if not it will then be necessary to go to the court
what is conciliation
an independent third party is involved to assist the negotiation , and the conciliator will also give her or his suggestion
what is arbitration
the arbitrator decides the outcome,the hearing is held private and the decision is final and binding
uses of arbitration
technical matters
professional disagreements
trade matters
codes of practice
what are technical amtters
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
what is professional disagreement
the parties can ensure that the chosen arbitrator understands their profession
what are trade matters
the case can be looked at as a whole where the trade crosses the national boundaries
what are codes of practice
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
Advantages of arbitration
less expensive than litigation parties can choose their arbitrator faster than litigation in solving the dispute less stressful than litigation held in private
disadvantages of arbitration
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
reasons for using the arbitration
arbitration must be used in place of litigation
the parties can choose an arbitrator as an alternative to be going to the court
steps of arbitration
arbitrator is chosen arbitrator will be contacted arbitrator is ppointed arbitrator calls a preliminary meeting further meetings hearing takes place arbitrator makes an award
what are the 5 steps of negotiation
prepare information exchange and validation bargain conclude execute
what happens in the first step of negotiation
Identify potential value
Begin to understand interests
Develop fact-base
what happens in the second step of negotiation
Discovering and creating value
Assess interests
Build rapport and trust
what is happening in the third step of negotiation
Create and distribute value
Address interests
Make and manage concessions
what is happening in the fourth step of negotiation
Capture value
Confirm interests have been met
Thank them
what is happening in the 5th step of negotiation
Expand value
Addressing changing interests
Strengthen relationships
What awards can be in arbitration
specific performance -ordering the losing party to do something
damages-compensation
Is there any right to appeal
yes, through only trough high court
How to enforce the award
through the high court
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