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Advantages
- Cheaper than courts (no formal buildings/judicial regalia etc). Encouraged to take own cases without need for representation and made easier with availability of application forms online and more transparent tribunal service since reforms.
- Procedure less formal, many instances there's no need for parties to be legally represented- case can be presented by accountant, a doctor, a trade union official or social worker, Parties benefit from private hearing and have chance to maintain relationship after case is over.
- Often has expert knowledge of particular issues, can be compared to judge who's required to be a jack-of-all-trades. Saves time explaining complex technicalities to judge in court.
- Have wide discretionary powers, they're not bound by rigid doctrine of precedent
- Quicker than courts- duty on tribunal judges to take on case management duties so they're able to impose strict timetable to ensure most cases heard within one day.
- Independence- involvement of Judicial Appointments Commission in appointing Tribunal Judges, Tribunal system is more transparent, independent and fair. Further, unified set of procedures and rules minimises risk of inconsistencies between tribunals.
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Disadvantages
- Inarticulate person representing himself would be at a disadvantage.
- Rights of appeal were often limited but now been addressed by 2007 reforms.
- Experts aren't always capable to acting impartially.
- Administrative tribunals often held in private- justice by back door.
- Decisions discretionary so decisions often unpredictable. Lack of precedent- don't operate strict legal system of precedent so unpredictable;e.
- Intro of fees and costs order in Employment Tribunals.
- Lack of funding- legal funding available for some disputes e.g. if member of union may get case paid for but not always available, which can detrimental to a person taking big company that has benefit of most expensive representation.
- Delay- case is one of complex nature then there can be delay in getting case hearing.
- Intimidated parties- still problem of parties feeling intimidated and daunted at prospect of taking case to court, particularly without comfort of legal representative.
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