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Chapter 10: Other forms of dispute resolution (10.1 Tribunals (10.1.5…
Chapter 10: Other forms of dispute resolution
10.1 Tribunals
10.1.1 Role of Tribunals
Tribunals enforce rights which have been granted through social and welfare legislation. Such as:
Right to mobility allowance for those who are too disabled to walk more than a short distance.
Right to payment if one is made redundant from work
Right to not be discriminated against for ones gender
10.1.2 Organisation of tribunals
First-tier tribunal
Operates in 7 chambers/divisions this hears cases from health and education to asylum and immigration.
Upper tribunal
Four chambers/divisions from administrative appeals for most first tier tribunals. If they were to appeal from here this would go to the Court of Appeal and then to the Supreme Court.
10.1.4 Procedure of tribunals
Both sides are given the opportunity to put their case. in some tribunals such as employment and asylum tribunals this will be done in a formal way with witnesses giving evidence on oath and being cross examined.
10.1.5 Advantages of tribunals
Cheapness
As applicants are encouraged to represent themselves and not use lawyers, these hearings do not usually involve the costs so this means the applicant does not have to worry about a large bill if he loses the case.
Quick hearings
Most hearing are very short and can be dealt with in one day.
Informality
The hearing is more informal than court. Parties are encouraged to present their own cases. Normally conducted in private.
Expertise
in some tribunals two non lawyers sit and hear the case with the tribunal judge these panellists are normally experts on the situation being heard, this gives them a good understanding about what is going on.
10.1.6 Disadvantages of tribunals
Lack of funding
Legal aid is not available for most tribunals, which might give the applicant a disadvantage if the other side uses a lawyer. Legal aid is only given where fundamental human rights are involved.
Delay
Although the intention of tribunals are to be dealt with quickly there can be delays on getting a hearing. as some members of the panel are non lawyers they normally sit one day a fortnight which means that a long case can be spread over a few weeks.
More formal than ADR
The place is unfamiliar and the procedure can be confusing for individuals presenting their own cases. Where applicants are not represented the judge takes on a more inquisitive role to help establish points the applicant wishes to put across.
Key word - Forums used instead of a court for deciding certain types of disputes. They are less formal than courts.
10.2 Alternative dispute resolution (ADR)
10.2.1 Negotiation
The process of trying to come to an agreement
10.2.2 Mediation
Using a neutral person in a dispute to help parties come to a compromise solution.
10.3 Comparing courts and ADR
ADR is usually a lot cheaper than going to court.
In ADR the parties are in control. In mediation and negotiation the parties can choose to stop at any time. Agreement is only achieved when both sides agree.