Civil courts and ADR

HideShow resource information
What are Tribunals?
It is similar to a court structure it is one alternative way to resolve a dispute.
1 of 36
What are the two main types of tribunals?
Administrative and domestic.
2 of 36
What are administrative tribunals?
They deal with disputes between the individual and the state.
3 of 36
What is an example of an administrative tribunal?
The Immigration tribunal, Rent tribunals.
4 of 36
What are domestic tribunals?
They are 'in-house' tribunals often set up by professional bodies.
5 of 36
What is an example of a domestic tribunal?
The general medical council- Covers the medical profession. The football association- Disputes between members of the association.
6 of 36
What people are involved in a tribunal?
Most tribunals consist of three members- A legally trained chairperson(e.g.A qualified lawyer) and two lay members who are selected from a panel of people who have expertise in the matter under dispute.
7 of 36
What is the procedure of a tribunal?
The parties and their witnesses give evidence. Tribunals are not bound by the strict rules of evidence and procedure which apply in the ordinary courts.This means evidence is not limited.Tribunals are also not bound by precedent.No lawyers are needed
8 of 36
What else happens in tribunals?
Tribunals are free, they follow the rules of natural justice. Tribunals were created as a fast, inexpensive alternative way of resolving disputes.
9 of 36
What is Arbitration?
This is where the parties refer the dispute to a third party, who will act like a judge and give a decision on the dispute which is called an award. The arbitrator will usually be a person with legal and specialist knowledge of the subject matter.
10 of 36
What types of disputes are dealt with by arbitration?
Arbitration is usually used to settle complaints about holidays. Most package holidays include a clause providing arbitration.
11 of 36
What is an example of when arbitration is used?
The Association of British Travel Agents can arbitrate on a disagreement about a package holiday.
12 of 36
What is the procedure of arbitration?
It is covered by the Arbitration Act 1996. The parties may include an arbitration clause committing them to arbitration in the event of a dispute this is known as the Scott v Avery clause.This clause will specify who will act as arbitrator.
13 of 36
What is Mediation?
A process which a third party acts as a messenger between the parties to assist in resolving a dispute.
14 of 36
What is a Mediator?
An independent third party who will assist the parties in their attempt to resolve the dispute.
15 of 36
What types of disputes are dealt with by mediation?
Works well with divorce matters for settling issues to do with property and children. The Family Law Act 1996 encourages mediation.
16 of 36
What is the procedure for mediation?
It will take place in a neutral setting. The mediator is the 'go-between' Once an agreement has been made it is written down and becomes legally binding.The agreement is enforceable by the civil courts if either party fail to follow;terms-agreement
17 of 36
What is Conciliation?
This is similar to mediation, however the conciliator is able to intervene in the negotiations.
18 of 36
What is a conciliator?
An independent third party who will actively assist the parties in their attempt to resolve the dispute. They will suggest terms of settlement to the parties. The conciliator is neutral.
19 of 36
What types of disputes do conciliators deal with?
ACAS works with industrial disputes. They give an impartial opinion on the legal position. e.g. employment tribunal cases.
20 of 36
What is the procedure of conciliation?
Very similar to mediation. Apart from the conciliator will suggest terms of settlement to the parties and advise on offers put forward by the parties during negotiations.
21 of 36
What is negotiation?
An informal method of dispute resolution. The parties discuss the problem between themselves to try and find a solution.a lawyer may be present.
22 of 36
What types of disputes does negotiation deal with?
Suited to smaller disputes such as neighbor disputes or disputes between builder and home owner
23 of 36
What is the procedure for negotiation?
There is no fixed procedure. For a successful negotiation the parties must focus on the issues rather than the personalities. Negotiation is free. And there is no need to go to court unless an agreement cannot be reached.
24 of 36
What are some advantages of the civil courts?
Public funding, Remedies(awards), Civil procedure rules(simplifies the system,reduces cost and delay).
25 of 36
What are some disadvantages of the civil courts?
Judges may have limited knowledge on the subject matter,despite the CPR it is still slow and delays occur, not flexible, costs are high, bad press is embarrassing for people.
26 of 36
What are some advantages of tribunals?
Plenty of expertise, Free, Flexible, Quick, It is private as they are not publicised.
27 of 36
What are some disadvantages of tribunals?
Lack of public funding, inconsistencies in decisions.
28 of 36
What are some advantages of Arbitration?
Plenty of expertise, Convenient, Quick, Free.
29 of 36
What are some disadvantages of Arbitration?
Lack of awareness, The costs can be high, Inconsistencies in decisions.
30 of 36
What are some advantages of Mediation?
It is quick and convenient, It is not very expensive, Plenty of expertise.
31 of 36
What are some disadvantages of Mediation?
Imbalance of power, lack of enforce-ability.
32 of 36
What are some advantages of conciliation?
Plenty of expertise.
33 of 36
What are some disadvantages of conciliation?
Imbalance of power- One party may be stronger than the other.
34 of 36
What are some advantages of negotiation?
It is quick, least expensive out of all forms of ADR, it is private.
35 of 36
What are some disadvantages of negotiation?
Imbalance of power, Lack of legal expertise as lawyers are not usually used.
36 of 36

Other cards in this set

Card 2

Front

What are the two main types of tribunals?

Back

Administrative and domestic.

Card 3

Front

What are administrative tribunals?

Back

Preview of the front of card 3

Card 4

Front

What is an example of an administrative tribunal?

Back

Preview of the front of card 4

Card 5

Front

What are domestic tribunals?

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Civil courts and ADR resources »