Other forms of dispute resolution

Tribunals

Forums used instead of a court in deciding certain types of dispute. They are less formal than courts

Role of tribunals

Enforce rights granted through social and welfare legislatation including

-the right to mobility allowance

Right to payment if made redundant

The right to not be discrimated against bc of ones sex, race age or disability

The right of immigrants to have a claim for political asylum

Organisation of tribunals

System reformed by the tribunals courts and enforcement act 2007 created a fist tier tribunal to hear cases at first instance and an upper tribunal to hear appeals

First tier tribunal

It operates in 7 chambers

1. Social entitlement chamber, e.g child support

2. Health, education and social care chamber , special needs education issues

3. War pensions and armed forces compensation chamber

4. General regulatory chamber

5. Taxation chamber

6. Land, property and housing chamber

7. Asylum and immigration chamber

Also one tribunal that acts separately - employment tribunal hears claims about redundancy etc

Upper tribunal

Divided into 4 chamber

1. Administrative appeals chamber which hears appeals from social entitlement chamber, health, education social car chamber and the war pensions chamber

2. Tax and chancery chamber

3. Lands chamber

4. Asylum and immigration chamber

From the upper tribunal there is a possibility of appeal to court of appeal and then sc.

Composition of tribunals

Cases in fist tier are held by a tribunal judge also for some cases non lawyers will sit with judge to make decision-they will be experts in a field.

In employment tribunals one person will usually be from an employers organisation and another from an employees organisation for clear understanding of issues.

Procedure in tribunals

Both sides must be able to put forward there case this can be in a formal or informal way. Funding is only available is some tribunals so most don’t have lawyer. Decision of tribunal is binding.

Advantages of tribunals

Cases are dealt with

1. More cheaply

2. More quickly

3. More informally

4. By experts in the area

Disadvantages of tribunals

1. Lack of funding-legal aid mostly not available

2. More formal than adr

3. Delay-tribunals deal with lost of cases and so can be delays n getting a hearing also non lawyer pannalists often part time one day a fortnight so cases can last for weeks.

Alternative dispute resolution

Any method of resolving a dispute without resorting to the courts

Negotiation

The process of trying to come to an agreement

Mediation

Using a neutral person in a dispute to help the parties come to a compromise solution

Only suitable if there is hope that the parties can cooperate

Mediators don’t normally give their views but if asked can become f=more of an evaluative process

In cases going to family courts must first prove that they have tried MIAM mediation information and assessment meeting

Mediation services

Lots of commercial ones such as the centre for effective dispute resolution CEDR

Disadvantages is their Is no guarantee that a solution will be solved

Comparing courts and adr

ADR is much cheaper

In adr the parties are in control they can choose to stop at any time

Court proceedings more adverbial likely to make parties bitter after