tribunals and ADR Flashcards
tribunals
consequence of growth in number of disputes
quicker and lower costs
openness, fairness and impartiality
advantages
speed
cost
informality
flexibility
privacy
expertise
no need for representation
disadvantages
state funding not available
free until LASPO
some fee remissions
what is ADR
alternative way to solve disputes without the court
why ADR
court action not always appropriate
complexity of legal procedure
cost of court
intimidating court
delay of resolution
due to adversarial nature of courts
3 main types of ADR
mediation- mediator assists with agreement
conciliation- 3rd party takes more active role
arbitration- 3rd party decides dispute
ombudsman
independant office holder who investigates complaints by the public of maladministration of govt services
mediation
parties communicate through 3rd party (who is a qualified lawyer)
used in family disputes/ general civil litigation
relieves court pressure
problems with mediation
assumes equality of bargining power/knowledge
may have one dominant party
may be preferable to go to court and have knowldge of legal entitlements
concilliation
the mediator makes suggestions to the parties
used in industrial/employment disputes
used before going onto employment tibunal
burchell v bullard
bullards had to pay their own and the opposing parties costs as they did not attempt ADR
legislation of ADR
must consider mediation under civil procedure rules
dunnet v railwaytrack- refused ADR so costs of appeal disallowed
halsey v milton keynes NHS trust- refused mediation, refusal must be reasonable
arbitration
refer dispute to 3rd party to make decision
binding awards are issued by arbitrator
relevant under commercial and shipping disputes
importance of maintaining good business relations
advantages of arbitration
private between parties
more informal and flexible
faster than courts
cheaper
arbitrators are specialists in areas
