tribunals and ADR

Question 1

what are tribunals a product of?

Answer 1

the welfare state as a consequence of the growth in disputes between citizens and the state

Question 2

how many cases do tribunals handle annually?

Answer 2

1 million

Question 3

what type of jurisdictions do tribunals have?

Answer 3

specialist jurisdictions

Question 4

How do tribunals compare to courts in terms of process and costs?

Answer 4

offer a quicker process and lower costs than court

Question 5

what principles do tribunals uphold?

Answer 5

openness, fairness and impartiality

Question 6

what legislation relates to tribunals?

Answer 6

tribunals, courts and enforcement act 2007

Question 7

What is a consequence of the potential for a vast number of disputes?

Answer 7

court overload and they need for specialists

Question 8

why is there a need for tribunals?

Answer 8

to provide an appropriate forum to resolve disputes

Question 9

what are the 6 advantages of tribunals?

Answer 9

1. speed
2. cost
3. informality
4. flexibility
5. privacy
6. expertise

Question 10

what is a major issue regarding state funding for tribunals?

Answer 10

it is unavailable

Question 11

what changed with the legal aid sentencing and punishment of offenders act 2012?

Answer 11

tribunals were free until this act was implemented

Question 12

Are there any fee remissions available for tribunal users?

Answer 12

yes

Question 13

What is a common question regarding payments for tribunal services?

Answer 13

should you pay for the state to look at its own mistakes?

Question 14

is there any state funding available at different tribunal levels??

Answer 14

yes in the upper level

Question 15

What service allows individuals to represent themselves in tribunals?

Answer 15

lay representative meaning no solicitor/barrister is needed

Question 16

what is ADR?

Answer 16

an alternative way of resolving disputes that are normally dealt with by the court system

Question 17

true or false - ADR are less formal, less expensive, less public and less confrontational

Answer 17

true

Question 18

why might court action not always be the most appropriate means of resolving a dispute?

Answer 18

the complexity of law and legal procedures

Question 19

what is a significant financial concern related to court action?

Answer 19

the cost of court and legal representation

Question 20

how can the atmosphere of courts affect individuals?

Answer 20

deter people from pursing their cases

Question 21

what is a common issue with the timeline of court resolution?

Answer 21

significant delays in resolution

Question 22

What is a drawback of court action regarding privacy?

Answer 22

the public nature of court action can expose personal matters

Question 23

how does the nature of court action differ from ADR?

Answer 23

court action is adversarial, which can create conflict rather than collaboration

Question 24

what are the 3 types of ADR?

Answer 24

1. mediation
2. conciliation
3. arbitration

Question 25

what is mediation?

Answer 25

mediator assists the parties in coming to an agreement

Question 26

what is conciliation?

Answer 26

similar to mediation but the 3rd party takes a more active role

Question 27

what is arbitration?

Answer 27

disputes decided by 3rd party who is an official arbitrator

Question 28

what is the ombudsman?

Answer 28

an independent office holders who investigate complaints by the public of maladministration of government services

Question 29

what is utility regulators?

Answer 29

officials appointed by government to oversee privatised utilities e.g. gas, water and electricity

Question 30

true or false - mediators are generally qualified lawyers but cannot advise

Answer 30

true

Question 31

where does the majority of mediation take place?

Answer 31

on the phone

Question 32

if parties cannot reach an agreement through mediation then the case will go to court?

Answer 32

yes

Question 33

mediation - family matters

Answer 33

mediation is encouraged by courts since adversarial system not conducive to settlement of family matters where parties in dispute

Question 34

what does mediation for family matters assume?

Answer 34

that parties can freely negotiate to reach a settlement

Question 35

mediation - divorce

Answer 35

parties encouraged to attempt mediation as the first step

Question 36

what legislation removed legal aid for divorce cases except domestic abuse?

Answer 36

sentencing and punishment of offenders act 2012

Question 37

mediation - problems

Answer 37

assumes equality of bargaining power/knowledge, court may be preferable

Question 38

What is conciliation in the context of dispute resolution?

Answer 38

Conciliation is a step further than interventionist than mediation, where the mediator can make suggestions

Question 39

In what types of disputes is conciliation often used?

Answer 39

industrial and employment

Question 40

what is an example of a conciliation services in the UK?

Answer 40

the advisory, conciliation and arbitration services provides conciliation before employment tribunals

Question 41

How does conciliation differ from mediation?

Answer 41

Conciliation gives the mediator power to suggest grounds for compromise and a basis for agreement

Question 42

Do mediation and conciliation have binding power?

Answer 42

no

Question 43

What case illustrates a failure in the conciliation process?

Answer 43

Burchell v Bullard (2005) serves as an example of how not to conduct conciliation

Question 44

What is the importance of ADR in the Civil Procedure Rules?

Answer 44

to emphases the role in dispute resolution

Question 45

Which rule should be considered for mediation in the Civil Procedure Rules?

Answer 45

rule 26.4 of the civil procedure rules

Question 46

what does the CPR state about the costs at the end of a case?

Answer 46

follows the rules that the loser pays the winners costs

Question 47

Can judges deviate from the general rule regarding costs?

Answer 47

yes rule 44 allows this

Question 48

What constitutes 'bad behaviour' in the context of ADR?

Answer 48

refusal to engage in ADR especially if recommended by court

Question 49

Which case exemplifies the consequences of refusing to consider ADR?

Answer 49

Dunnet v Railtrack pls (2002)

Question 50

What was the outcome for Railtrack in the Dunnet case regarding costs?

Answer 50

although railstrahk won the cost of appeal was disallowed

Question 51

What was the significance of the case Halsey v Milton Keynes General NHS Trust (2004)?

Answer 51

Court of Appeal stated that the trial judge was wrong to award costs to the defendant NHS Trust because it refused the claimants' requests for mediation

Question 52

Did the Court of Appeal make mediation compulsory in the Halsey case?

Answer 52

no

Question 53

What is arbitration in the context of dispute resolution?

Answer 53

issues are referred to a third party instead go going to court

Question 54

what type of arbitration is mentioned, and what is its outcome?

Answer 54

private arbitration when binding awards are issued by the arbitrator

Question 55

Who accredits arbitrators?

Answer 55

chartered institute of arbitrators

Question 56

In which areas is arbitration particularly relevant?

Answer 56

commercial and shipping disputes

Question 57

What international framework supports arbitration?

Answer 57

the New York arbitration convention

Question 58

Why is arbitration often preferred over court litigation?

Answer 58

maintaining good business relations in key

Question 59

what is commonly included in contracts and agreements related to dispute resolution?

Answer 59

arbitration

Question 60

Which law governs arbitration and what does it consider?

Answer 60

Arbitration is governed by the Arbitration Act 1996, which considers the autonomy of parties, powers of arbitrators, and limited rights of appeal

Question 61

is there judicial review in arbitration proceedings?

Answer 61

no

Question 62

What do both parties in a dispute do regarding the arbitrator?

Answer 62

allow the arbitrator to decide the outcome

Question 63

What is the nature of the decision made by the arbitrator?

Answer 63

legally binding

Question 64

What do commercial contracts typically include regarding disputes?

Answer 64

an arbitration agreement

Question 65

what role do arbitrators play in the arbitration process?

Answer 65

inquisitorial role as they are expert in the field

Question 66

what is maritime law?

Answer 66

massive body of law that deals with commercial law, shipping, private international law etc

Question 67

what are 5 advantages of arbitration?

Answer 67

1. private 2. informal 3. faster 4. cheaper 5. specialist areas