Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

A-LEVEL LAW > Alternative Dispute Resolution (ADR) > Flashcards

Alternative Dispute Resolution (ADR) Flashcards

1
Q

What are tribunals? (1)

A

Forums used instead of a court for deciding certain types of disputes, are less formal than courts…

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the main roles of tribunals? (4)

A

They enforce rights that have been granted through social and welfare legislation, such as:
-right to disability allowance
-right to not be discriminated against
-right for immigrants to claim political asylum

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the hierarchy of the tribunal system? (4)

A

-first - tier tribunal
-upper tribunal
-court of appeal
-supreme court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the first-tier tribunal divided into? (1)

A

It is divided into 7 chambers (divisions)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are the 7 chambers of the first-tier tribunal? (7)

A

-social entitlement chamber
-health, education and social care chamber
-war pensions and armed forces compensation chamber
-general regulatory chamber
-taxation chamber
-land, property and housing chamber
-asylum and immigration chamber

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Which tribunal sits outside of the first tribunal? (1)

A

The employment tribunal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What does the employment tribunal deal with? (2)

A

Hears claims for such matters:
-unfair dismissal
-redundancy
-discrimination

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the social entitlement chamber? (2)

A

This covers matters such as child support, criminal injuries compensation and gender recognition.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What does the health, eduction and social care chamber? (2)

A

This includes mental health review (former tribunal) which dealt with appeals against the continued detention of those in mental hospitals. Also deals with special educational needs issues.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the upper tribunal divided into? (1)

A

The upper tribunal is divided into 4 chambers (divisions).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are the chambers of the upper tribunal? (4)

A

-the administrative appeals chamber
-tax and chancery chamber
-lands chamber
-asylum and immigration chamber

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What does the administrative chamber deal with? (3)

A

Hears appeals from:
-Social entitlement chamber
-Health, education and social care chamber
-war pensions and armed forces compensation chamber

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What does the taxation and chancery chamber deal with? (6)

A

Hears appeals from:
-taxation chamber
-general regulatory chamber
-(also) financial conduct authority
-pensions regulator
-bank of England
-HM treasury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What does the lands chamber deal with? (1)

A

Hears appeals from:
-the land property and housing chamber (except 1)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What does the asylum and immigration chamber deal with? (1)

A

Hears appeals from:
-asylum and immigration chamber, (but not involving visa application, human rights and entering UK)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What judges are first-tier tribunals head by? (1)

A

Cases in the first-tier tribunal are heard by a tribunal judge, also o some cases lay judges will also sit with them.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What are lay judges? (1)

A

Are non-lawyers who sit with a qualified judge who have expertise in a particular field of the tribunal.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What are the advantages of tribunals? (4)

A

-cheapness
-quick hearings
-informality
-expertise

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What are the disadvantages of tribunals? (3)

A

-lack of funding (legal aid is not available)
-more formal than ADR
-delay

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What does ADR stand for? (1)

A

Alternative dispute resolution

21
Q

What is ADR? (1)

A

Includes any method of resolving a dispute without escorting to using the courts.

22
Q

What are the types of ADR? (2)

A

-negotiation
-mediation
-arbitration
-conciliation

23
Q

What is negotiation?(1)

A

The process of trying to come to an agreement.

24
Q

What is mediation? (1)

A

Using a neutral person in a dispute to help the parties come to a compromise solution.

25
Q

What are the advantages of negotiation? (3)

A

-is completely private
-quick deals
-cheap

26
Q

What are the disadvantages of negotiation? (4)

A

-when solicitors and lawyers are involved it can become costly
-may not be successful and may end up in court anyway
-can take ie if parties cannot agree on solution
-can become unfriendly

27
Q

What are the advantages of mediation? (4)

A

-is easy to set up
-can be set up in a quick time period
-can be a more civil way of settling disputes-are confidential and private
-cheap

28
Q

What are the disadvantages of mediation? (4)

A

-may not be successful and may end up with a court case being opened anyway
-no guarantee dispute will be resolved
-private and no media attention
-mediation settlement are often lower than court settlements

29
Q

What does ODR stand for?(1)

A

Online dispute resolutions.

30
Q

What does MIAM stand for? (1)

A

Mediation information and assessment meeting.

31
Q

What does CEDR stand for? (1)

A

Centre for effective dispute resolution.

32
Q

Why is mediation important (family situations)? (1)

A

Is important in family cases:
-families must prove that they have attended a MIAM before starting any court proceedings. (Exceptions for domestic violence).

33
Q

Why is mediation important (business)? (1)

A

An important dispute resolution is CEDR, which was set up in 1991.

34
Q

Who proposed an online court? (1)

A

Lord Briggs in 2016.

35
Q

Why did lord Briggs propose an online court? (1)

A

Proposed under the report ‘online dispute resolution for low value claims’ in the hope that by 2020 it would be operational.

36
Q

What is conciliation? (1)

A

is a process where the people in dispute try to reach an agreement with the assistance and advice of an impartial person (a conciliator).

37
Q

What is a conciliator? (1)

A

The conciliator usually has some experience of the matter in dispute and can advise the parties of their rights and obligations.

38
Q

What is arbitration? (1)

A

is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute.

39
Q

What is the statute that governs arbitration? (2)

A

Part 1 of the Arbitration Act (sections 1 to 84) governs arbitration agreements that are made or evidenced in writing.

40
Q

What are the main functions of arbitration? (4)

A

-resolving contractual disputes between management and labour
-addressing interests of different parties in bargaining situations
-settling litigated claims through court-annexed programs
-resolving community disputes.

41
Q

What is an arbitrator? (1)

A

Anyone who is an expert in the relevant sector of the dispute can be an arbitrator to a case.

42
Q

What is the role of an arbitrator? (1)

A

play the role of a neutral person who makes decisions on the dispute based on the evidence given by both parties.

43
Q

What is the result of an arbitration case? (1)

A

When the arbitrator makes a decision, this is called an award and it’s legally binding. If you don’t agree with the decision, you can’t take your case to court to get the decision changed.

44
Q

What happens during an arbitration hearing? (1)

A

The arbitrator selected for that particular case will listen to both parties, looking at the evidence they have given and decides from that what the outcome should be.

45
Q

What are the advantages of arbitration? (3)

A

-often faster than litigation in court
-can be cheaper and more flexible for businesses
-arbitral proceedings and an arbitral award are generally non-public, and can be made confidential.

46
Q

What are the disadvantages of arbitration? (3)

A

-No Appeals: The arbitration decision is final.
-lack of transparency makes the process more likely to be biased
-arbitration decisions are also infrequently reviewed by the courts

47
Q

What are the advantages of conciliation? (3)

A

-The parties can choose the timing, language, place, structure and content of the conciliation proceedings
-Conciliation ensures the expertise of the decision maker.
-A conciliator does not have to have a specific professional background

48
Q

What are the disadvantages of conciliation? (3)

A

-it relies on the parties accepting the authority of the conciliator
-it relies on the parties wanting to achieve a resolution
-If either of the parties involved do not enter the process with the right attitude, then it may prove a waste of time and money.

49
Q

What is a conciliator? (1)

A

also called an administrative judge, is responsible for helping two parties come to an agreement or negotiate terms outside of the court.

A-LEVEL LAW (34 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions