Theme C: Tribunals Flashcards
(17 cards)
What does the justice system include for civil dispute resolution?
The justice system includes the use of tribunals and other means of civil dispute resolution such as mediation.
How many types of tribunals are there?
There are around 130 types of tribunal.
What types of disputes are commonly handled by tribunals?
Tribunals handle disputes affecting daily life such as employment, criminal injury, immigration, and mental health.
What are the characteristics of tribunals?
Tribunals are legally binding but less formal, less expensive, and a faster way to resolve disputes.
What are the two main divisions of the tribunal system?
The tribunal system is divided into First-tier Tribunal and Upper Tribunal.
What is the role of the Upper Tribunal?
The Upper Tribunal reviews and decides appeals from the First-tier Tribunal and can call on the services of judges.
How are cases heard in tribunals?
Cases are heard by a panel of three members, with the chairperson having legal training and the others being citizens with expertise.
Can individuals present their own case in tribunals?
Yes, claimants and respondents can present their own case without a solicitor or lawyer and are guided through the process.
What is alternative dispute resolution (ADR)?
ADR is a means of settling civil disputes that allows parties to resolve issues with the mediation of a third party.
What are the characteristics of ADR?
ADR is independent, impartial, and free of charge, focusing solely on finding a solution.
What happens after all evidence is heard in a tribunal?
A decision is given that day or later in writing.
What powers do tribunals have?
Tribunals have the power to set fines or award compensation and costs.
What is mediation?
A trained, impartial third party works with disputing parties to help reach agreement. It can be cheaper and quicker than court.
Cases can be mediated by phone, sometimes within an hour.
What are ombudsmen?
Ombudsmen are appointed to look into complaints about companies and organisations without going to court, for areas such as energy and financial services.
What do ombudsmen do?
They investigate cases of injustice and make recommendations to put things right.
What are other means of civil dispute resolution?
Other means include negotiation, conciliation, and arbitration.
Why might mediation be better than going to court?
Mediation can be cheaper and quicker than court.
