OCR tribunals and adr

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what is the role of tribunals?
tribunals enforce rights which have been granted do social and welfare legislation.
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what are the rights of tribunals?
Right to a mobility allowance. the right to a payment if one is made redundant. the right not to be discriminated against. the rights of immigrants to have a claim for political asylum heard.
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what is the organisation of tribunals?
the first-tier tribunal hears cases at first instance and an upper tribunal to hear appeals.
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what is the first-tier tribunal?
it operates in 7 Chambers these are: social entitlement chamber , health education and social care , war pensions and armed forces compensation , general regulatory chamber , taxation chamber , Asylum and immigration , land and housing chamber.
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what is the upper tribunal?
these are divided into 4 Chambers and they are : administrative appeals chamber , tax and Chancery chamber , lands chamber , Asylum and immigration chamber.
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what is the composition of tribunals?
cases in the first-tier tribunal I heard by a tribunal judge. for some types of cases to non-lawyers was sit with the judge to make a decision. in employment tribunals one person will usually be from an employers organisation and the other from an
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what is a procedure in tribunals?
both sides must be given an opportunity to put their case. in some tribunals , this will be done in a formal work with Witnesses giving evidence on earth and being cross-examined. funding for representation is only available in a few tribunals.
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what is the first advantage of tribunals?
applicants are encouraged to represent themselves and not use wires this means that it will be cheap.
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what is the second advantage of tribunals?
my tribunal hearings are very short and can be dealt with in one day therefore there are quick hearings.
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what is the third advantage of tribunals?
the hearing is more informal than in courtbecause parties are encouraged to represent their own case.
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what is the fourth advantage of tribunals?
in some tribunal into non-lawyers to hear the case with the tribunal judge therefore there is expertise
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what is the first disadvantage of tribunals?
legal aid funding is not available for most tribunals which may put an applicant at a disadvantage if the other side uses the wire therefore there is lack of funding.
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what is the second disadvantage of tribunals?
a tribunal hearing is more formal than using ADR the places and familiar and the procedure can be confusing.
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what is a third disadvantage of using tribunals?
although the intention is that cases are dealt with quickly the number of cases dealt with by tribunals means that there can be delays in getting a hearing.
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what is negotiation?
negotiation has the advantage of being completely private and it is also the quickest and cheapest method of settling a dispute. if they can't come to an agreement they may decide to take the step of instructions solicitors. in fact in court proceed
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what are the advantages of using negotiation?
it can be conducted by the parties themselves. negotiation can be used at any point in the dispute. it is the cheapest method of resolving a dispute. negotiated resolution can include agreement about future business deals.
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what are the disadvantages of using negotiation?
it may not be successful. it is not suitable where the parties aremt prepared to negotiate.
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what is mediation?
this is where a neutral mediator helps the parties to reach a compromise solutionthe mediator is to consult with each party and see how much common ground there is between them.immediate I will not tell the parties their own opinion. however the medi
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Other cards in this set

Card 2

Front

what are the rights of tribunals?

Back

Right to a mobility allowance. the right to a payment if one is made redundant. the right not to be discriminated against. the rights of immigrants to have a claim for political asylum heard.

Card 3

Front

what is the organisation of tribunals?

Back

Preview of the front of card 3

Card 4

Front

what is the first-tier tribunal?

Back

Preview of the front of card 4

Card 5

Front

what is the upper tribunal?

Back

Preview of the front of card 5
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