Tribunals + ADR Flashcards
What’s an employment tribunal?
Forums used instead of a court for deciding certain types of dispute.
Usually cases of unfair dismissal, discrimination or unfair deductions from pay.
Composed of a legally trained chairsperson and 2 lay person who are experts in a relevant field.
Structure of an employment tribunal
ET1 claim form, clmt presents their case (employer goes first for unfair dismissal), cross examination after witness statement, employer gives evidence, cross examination, closing statement from both parties
Tribunal advantages
-cheaper costs
-speed
-informality (less intimidating for parties representing themselves)
-expertise (lay members have practical experience and are experts in their field)
Tribunal disadvantages
-lack of public funding
-formality (if lawyers are present)
-delay (complex cases can be spread over weeks/months)
-lack of formality (not taken as seriously by parties)
What is ADR?
Alternative dispute resolution
Range of techniques adopted to solve disputes outside of the court process.
4 types of ADR
-Negotiation
-Mediation
-Arbitration
-Conciliation
What is negotiation?
Parties involved in dispute discuss problem with/without lawyers present to find solution.
Biggest method of ADR- completely private, easy minimum costs, quick.
What is mediation?
Voluntary + non-binding.
Mediator+ impartial go-between to find areas to agree upon (passive mediator)
Compulsory for divorce since 2011 -initial meeting is £140 to determine is mediation is suitable
What is arbitration?
Voluntary agreement to 3rd party to act like a judge + give decision on a dispute.
Commonly used in commercial contracts - they sign a contract to agree to arbitration in the event of a dispute.
What is conciliation?
Conciliator discusses dispute with parties + encourage to find solution which they both agree upon (more active role than mediator)
‘Prevention rather than cure’ approach
Employment disputes try method + can be used to prevent industrial strikes.
ADR evaluation
-cost considerations
-privacy
-relative speed
-can be enforced by courts
