tribunals and adr

Question 1

what is the relationship between tribunals and the court system

Answer 1

tribunals are separate from the courts but they do run alongside the court system. they must be used instead of court proceedings.

Question 2

what issues do tribunals deal with

Answer 2

usually disputes involving a person’s social rights, such as employment disputes

Question 3

who set up the tribunals service and when was this

Answer 3

the lord chancellor set up the tribunals service in 2006

Question 4

what act created a framework for tribunals to make them more organised and simplified

Answer 4

the tribunals, courts and enforcement act 2007

Question 5

what system did the tribunals, courts and enforcement act 2007 create

Answer 5

a two tier system that tribunals currently operate under

Question 6

which type of tribunals operates outside of the two tier system

Answer 6

employment tribunals

Question 7

who sits in a tribunal

Answer 7

a judge and two other people who are experienced in the field

Question 8

who passes judgement in a tribunal

Answer 8

the tribunal judge

Question 9

can you appeal a tribunal decision

Answer 9

yes

Question 10

can lawyers be used in tribunals?

Answer 10

yes, but they are discouraged. parties are encouraged to represent themselves, particularly in employment hearings

Question 11

how does is the tribunal judge involved in the process

Answer 11

the tribunal judge takes a very active role in the tribunal, particularly when an individual is representing themself

Question 12

is the result of a tribunal legally binding

Answer 12

yes

Question 13

how is litigation approached for civil disputes

Answer 13

litigation is always the last option for civil disputes

Question 14

what are the four types of ADR

Answer 14

1. negotiation
2. mediation
3. conciliation
4. arbitration

Question 15

what is negotiation

Answer 15

negotiation is the least formal type of ADR- the parties attempt to resolve the dispute privately by speaking to eachother.

Question 16

can legal professionals be involved in negotiation

Answer 16

yes- solicitors can be involved but this adds to the cost and formality of the process

Question 17

how long should negotiation continue for

Answer 17

as long as it can, parties should try to continue to negotiate throughout the dispute, even if they are planning to go to court. this means that civil disputes can be resolved before their trial date comes.

Question 18

what is mediation?

Answer 18

mediation is a form of negotiation except it involves a qualified, professional neutral third party known as the mediator who assists the parties in resolving their dispute.

Question 19

what is required for mediation

Answer 19

it is completely voluntary, meaning that the parties must actively want to resolve their dispute and be willing to compromise, or the process is pointless

Question 20

what is the role of the mediator

Answer 20

the mediator will not take sides or give input- they are simply their to facilitate the discussion. they will carry offers from side to side and continually encourage them to resolve the dispute without going to trial

Question 21

how does a mediator work

Answer 21

the mediator will listen to both sides of the story beforehand to establish common ground. the mediator will focus the conversation on the components of the dispute to prevent any arguments about irrelevant points. the mediator will move the discussion onwards if they feel like progress is not being made

Question 22

what is an example of a mediation centre that resolves commercial disputes and how much does it cost

Answer 22

the centre for dispute resolution in London which costs parties £2000 per day

Question 23

what is the result if the parties can successfully come to an agreement by mediation

Answer 23

the agreement will be drawn up in a legally binding contract

Question 24

what is a famous mediation service for family disputes

Answer 24

RELATE

Question 25

what is a specific type of mediation service used for commercial disputes

Answer 25

formalised settlement conference

Question 26

explain the process of a formalised settlement conference

Answer 26

there is a mini trial with a panel consisting of a mediator, a neutral advisor and two representatives from either side. this is used when the parties involved in a commercial dispute need to salvage their relationship.

Question 27

how is conciliation different to mediation

Answer 27

the conciliator will play a more active role in the discussion, offering their opinions on the dispute and providing a non-legally binding proposition for settlement

Question 28

what is conciliation most useful for

Answer 28

commercial disputes

Question 29

how might companies use conciliation

Answer 29

to assess the strength of their case before taking it to court

Question 30

what is an example of a conciliation service

Answer 30

ACAS (advisory conciliation and arbitration service)

Question 31

how is arbitration used in relation to litigation

Answer 31

arbitration is used instead of litigation

Question 32

what act governed arbitration

Answer 32

the Arbitration Act 1996

Question 33

is arbitration voluntary or involuntary

Answer 33

it is voluntary

Question 34

what is a clause contained in some commercial contracts that states how disputes will be resolved if they occur

Answer 34

scott v avery clause

Question 35

what are the two types of arbitration

Answer 35

paper arbitration | arbitration hearing

Question 36

what happens in paper arbitration

Answer 36

both parties make their submission in writing and hand this over to the arbitrator who makes a legally binding final decision

Question 37

what is involved in an arbitration hearing

Answer 37

it is very similar to litigation, there is a judge, witnesses, evidence, cross examination, solicitors and barristers

Question 38

what is the big difference between an arbitration hearing and litigation

Answer 38

it is voluntary and the parties are free to decide on a date, venue and other arrangements, making it flexible

Question 39

what are three key points about arbitrators

Answer 39

may be legally qualified or an expert in the field member of the institute of arbitrators can be up to three arbitrators in the hearing- up to the parties

Question 40

what is the end result of arbitration

Answer 40

a legally binding 'award' decided by the arbitrator which may be enforced by the courts

Question 41

how do appeals for arbitration operate

Answer 41

the arbitration act 1996 said that the award could be appealed in the queens bench division of the high court, requiring leave to appeal