(Paper Two) = Forms of dispute resolution

Question 1

What is ADR?

Answer 1

• Alternative Dispute Resolution
• This an option instead of going to court and includes negotiation and mediation

Question 2

What is negotiation?

Answer 2

• The process of trying to come to an agreement
• Individuals negotiate either directly with each other or with lawyers on their behalf
• These take place in private
• They are the quickest and cheapest way

Question 3

What is mediation?

Answer 3

• A neutral personal helps the parties compromise to a solution
• The mediator does not offer a solution
• A mediator is often used in family cases to show the court they have come to a solution
• It is not a legal decision

Question 4

What is a tribunal?

Answer 4

• They operate alongside the legal system and have become an important part of the legal system
• It is a way of gaining social rights instead of going to court

Question 5

What areas of law will just be heard in a tribunal?

Answer 5

1. War
2. Tax
3. Property
4. Health, education and social care
5. Social Entitlement
6. Immigration and Asylum
7. General Regulation
8. Many employment issues

• It is mandatory to use a tribunal instead of court if it is in these situations
• They are used to enforce rights granted through social legislation

Question 6

What is the difference between tribunals and court systems?

Answer 6

• They are more accessible
• They are often cheaper
• Procedures are simpler
• They are quicker
• They have limited power
• They deal with specific areas of the law
• It is mandatory to use a trinunal

Question 7

What are the roles of a tribunal?

Answer 7

• They enforce social rights such as mobility allowance, right to pay if made redundant and the right not to be discriminated against

Question 8

What are the advantages and disadvantages of a tribunal?

Answer 8

• They are cheap, quick, informal, more accessible and have legal expertise and will not recieve a bill at the end
• They lack funding and no legal aid therefore puts someone at a disadvantage, they are more formal than ADR and can be unfamiliar or confusing. There can be a delay in cases

Question 9

What is the appeal route for a tribunal?

Answer 9

1. First-tier = This is the first tier of the two tier tribunal process, they hear cases at first instance. They have around 600,000 cases each year. There are seven chambers
2. Upper tribunal = It is separated into found chambers and deal with appeals. They are condensed into collective chambers. You can appeal to the CoA and then the Supreme Court. This should be a quicker proces
3. Court of Appeal
4. Supreme Court

Question 10

Which judge hears tribunals?

Answer 10

• First tier tribunal cases are heard by a tribunal judge or have two non-layers who have expertise in the field and help make the decision depending on how complicated the case is

Question 11

Is a decision in tribunal binding?

Answer 11

• It is legally binding to all parties

Question 12

Who represents a tribunal case?

Answer 12

• Most applicants represent themselves due to lack of funding therefore do not give evidence