law unit 1 - ADR etc

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Discus tribunals as a method of dispute resolution (10 marks)

Tribunals as a form of dispute resolution is set under the court and enforcement act 2007, where over 300,000 disputes are dealt with each year. There are three types of tribunals which can take place the first, employment tribunals which deals with disputes arising in the work environment such as discrimination and changes in the national minimum wage. Secondly, administrative tribunals cover disputes between the individual and the state e.g. social security appeal tribunal also, domestic tribunals are set up by professional bodies dealing with disputes between an organisation and one of its members, involving the football association in the john terry dispute. Both administrative and domestic tribunals take place within the first and second tier, the first tier operates in seven divisions. Whereas the upper hears appeals from the the first tier however, employment tribunals operate separately from both divisions. The qualification of the panel involves three members including a legally trained chairperson and two lay members. The chairperson has expertise in the field of law not in area of dispute however, lay members hold specialist knowledge in area of dispute. Within a tribunal hearing legal representatives can be used to where both parties give evidence given on a oath. The outcome is a legally enforceable "reward", reasons are given for the decision based on law and evidence. However, parties only have the right to further appeal based on legal reasons.

Discuss the advantages and disadvantages of Arbitration (10 marks)

The process of arbitration contains a scott v avery clause, it guides the consumer where they can go to settle the dispute. The speed at which an award is met is faster than appealing to the courts, courts can encounter delays whereas arbitration is quicker form of dispute resolution. Thirdly, there is a limited need for legal representation and therefore an adversarial process is less likely to be reached. Arbitration holds convince for the party, they are in control of the date, time. Therefore, if the party wanted to resolve the dispute immediately a compromise can be met effectively. Finally, under the arbitration act 1996 it delivers legal expertise to ensure consumer certainty by providing a quick solution.

However, it holds an imbalance of power amongst the parties, big companies can overrule parties without an legal representative. Secondly, delays are common, deals with many disputes as it is open to the public holding unlimited complaints to be dealt with by the arbitrar. Appeals can only be taken further to court only in point of law where serious irregularity is common, the result wanted may not occur. Finally, it represents a lack of legal expertise as not all parties require or can afford legal representatives.

Discuss the advantages and disadvantages of tribunals (10 marks)

Firstly, tribunals provide a possible public forum from airing a dispute as compared with negotiation, mediation and conciliation. Secondly, the expertise of the panel benefit parties with specialist legal knowledge and traning in field of dispute, therefore can conclude to a fair and reasonable solution when i charge. There is a greater informality of hearings so there is less of a need for legal representation compared to the court system. Legal reasons for decisions are given and recorded, all evidence can be settled on a fair conclusion as all facts of the case are considered.

However, the cost of tribunal fees are expensive like a court procedure as it involves lawyer fees, due to lack of state funding it leads to an imbalance of power between the parties as one may be able to afford a lawyer but the other may not. Secondly, the appeal is only available against legal reasons for a decision, this means potentially high costs of an appeal as lawyers are likely to be involved. Hearing are informal when co pared to other methods of ADR. There is a influence of the legally qualified chair over other panel members, facts may be discarded and lead to wrong verdict etc. Finally, hearing or appeals may be reported, which can encourage adverse publicity to arise outside of the tribunal i.e. in the media.