ADR and tribunals Flashcards
(6 cards)
What are tribunals
Forum used instead of a court to settle disputes
Enforce social and welfare rights, employment, discrimination, political asylum
Headed by Tribunal judge with two non-legal experts
Advantages of tribunals
Cheap and efficient (represent oneself)
Informal
Experts in sector
Disadvantages of tribunals
Very little legal aid
More formal than ADR
Delay in getting hearing
ADR - negotiation
Coming to an agreement
Takes place even when proceedings have commenced
ADR - mediation
Using a neutral person to help parties come to compromise
Decision need not be strictly legal
Avoids adversarial situation in courts
No guarantee of success
Advantages of ADR
Cheaper
Parties in control of proceedings
Parties come to amicable agreement, rather than courtroom adversarials