Tribunals and ADR

Question 1

What is a Tribunal?

Answer 1

Forums used instead of a court for deciding certain types of disputes.

Question 2

What is the role of Tribunals?

Answer 2

• The right to a mobility allowance for those who are disabled
• The right to a payment if been made redundant
• The right not to be discriminated against
• The right of immigrants to have a claim for asylum

Question 3

What are the 7 chambers (divisions) ?

Answer 3

1. Social entitlement
2. Health, education & social care
3. War pensions & armed forces compensation
4. General regulatory
5. Tax
6. Land, property & housing
7. Asylum & immigration

Question 4

Which tribunal still operates separately?

Answer 4

Employment tribunals
- hears claims for such matters as unfair dismissal, redundancy & discrimination.

Question 5

What are the four chambers of the Upper tribunals (appeals) ?

Answer 5

1. Administrative appeals chamber
2. Tax and chancery chamber
3. Lands chamber
4. Asylum & immigration chamber

Question 6

Who are employment tribunals heard by?

Answer 6

One person from an employers’ organisation, the other from an employees organisation.

Question 7

What procedure is followed in a tribunal?

Answer 7

1) both sides given chance to put their case forward (witnesses can be used in employment).
2) funding is only available in few tribunals so most dont have lawyers.
3) sometimes in employment cases a trade union representative may be present.
4) where an applicant is putting their own case, then the tribunal judge must try to make sure that the applicant puts the case fully.
5) decision of the tribunal is binding (final)

Question 8

What are the advantages of tribunals?

Answer 8

• usually cheaper if a lawyer isn’t used
• most hearings are very short

Question 9

What are the disadvantages of tribunals?

Answer 9

• can be weeks of months until case is heard.
• can be at a disadvantage if the other side had a lawyer

Question 10

What is negotiation?

Answer 10

talking through the issue - done in private normally between the parties themselves, quickest and cheapest method.

Question 11

What is mediation?

Answer 11

a neutral 3rd party helps parties reach a solution. the parties are in control and make the decisions. requires parties to cooperate.

Question 12

What is conciliation?

Answer 12

a neutral 3rd party helps parties resolve the dispute, the extras party takes an active role and will suggest grounds for compromise.

Question 13

What is arbitration?

Answer 13

private individual who is normally an expert in the field makes a judgement called an ‘award’ which is legally binding on the partes.