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Tribunals, ADR and ODR (Tribunals (Structure (Separated at first instance…
Tribunals, ADR and ODR
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Tribunals
Structure
Separated at first instance into 7 divisions, each dealing w/ specific areas of law e.g. Social Entitlement, Taxation, Health, Education and Social Care
Then move onto 4 divisions for appeals e.g. Administrative Appeals, Tax and Chancery, Lands, Asylum
First tier deal w/ 600,000 cases py
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Organisation
As welfare develpments happened, more Tribunals were set up which led to over 70 different types
This was reformed under the Tribunals, Courts and Enforcement Act 2007
They run alongside the usual court system and must be used instead, not before
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Procedure
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Legal aid is not usually available except in Employment where they are usually represented by their trade union
ADR
Negotiation
Where an individual attempts to resolve an issue directly, privately and possibly face to face w/ the D
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E.g. Noise caused by neighbours, returning faulty goods
Advantages
Potentially the quickest, cheapest and most informal way of settling a dispute as no lawyers are involved
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Disadvantages
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If there are repeated negotiations, it may prolong the issue
Mediation
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Slightly more formal than negotiation, but still relatively informal
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Couples therapy, Business negotiating contracts
Concilliation
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If it goes to court, what is said here cannot be used so people are more open
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Arbitration
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s.15 of the AA 1996 states that the parties are free to chose a single arbitrator or a panel and who will sit
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The arbitrator will usually be an expert, including a lawyer
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Decisions are binding and can be enforced by the courts and it can be challenged at the court level on a point of law
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ODR and Online Courts
ADR has long-since been championed or saving both time and money and Woolf's 1990s reforms have done this
Since 2015, the govt has been looming into ways to develop online courts and ODR
The Govt tasked the Courts and Tribunals Judiciary Service to look at ways internet technology at solving low-level civil cases. Their proposals included...
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Using an online facilitator, a person who would bring together parties virtually to negotiate and act as a mediator to resolve cases that don't need to go to court
This is already used on sites such as Ebay where 60,000 cases are solved py with guidance and strict time limits
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The Financial Ombudsman service solves 1/2 Million financial disputes py and was set up by statute as a mandatory ADR of finance
Advantages
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Some sites are free - a charge is likely to be a set amount and known at the start of the process. No hidden costs or need to use lawyers
Where disputes are international, ODR means no-one has to leave the country, saving money
As many businesses work worldwide, ODR makes it easier
Disadvantages
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Particularly useful for a contract dispute as with eBay but not for issues such as a car accident where it is necessary to see who is telling the truth
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