Week 3 - Alternatives to the Courts for a Civil Case Flashcards
1
Q
Roughly how many tribunals are in the UK?
A
80
2
Q
How do we define Alternative Dispute Resolution (ADR)?
A
The collective term for the ways that parties can settle civil disputes with the help of an independent third party, and without a formal court hearing
3
Q
What are the five types of ADR?
A
- Arbitration
- Adjudication
- Mediation
- Conciliation
- Ombudsmen
4
Q
What are the advantages of tribunals over traditional court hearings?
A
- speed at which cases heard and resolved
- reduction in costs
- expertise in nature of claim
- increased informality
- reduces court workload
5
Q
What are the disadvantages of tribunals over traditional court hearings?
A
- increasing use of law and formal procedures - tribunals becoming more like specialist courts
- limitation in availability of free legal assistance
- procedures becoming more complex
- no system of precedence - tribunals don’t bind each other - varying judge decisions can be unfair
6
Q
What is a cautionary tale about not going into ADR with a good, open mindset?
A
Case of Saigol v Thorney Ltd (2014)
