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Could someone explain tribunals - UNIT 1 AQA AS LAW

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Why bother with a post grad course - waste of time? 17-10-2016
    • Thread Starter

    I understand the principle of dispute resolution by mediation, arbitration etc.. however, how would you describe dispute resolution by tribunals? Thank you.

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    Just quoting in Puddles the Monkey so she can move the thread if needed
    (Original post by Puddles the Monkey)

    Tribunals first came into being in 1799, but gained prominence after WW2. They are sometimes referred to as boards, adjudicators or committeesand are a “half-way house” between litigation and informal forms ofADR. Tribunals exercise a quasi-judicial function evidencedby the ruling of Peach Grey v Sommers [1995] thatsentenced C to one month in prison for contempt of court who exerted undue influence onrelevant witnesses. There exists a plethoraof Tribunals[approximately 70] exercising a vast array of functions facilitatedby three different types: Administrative, Domestic and Employment Tribunals.Approximately 1 million casesare decided annually by Tribunals compared to 150,000civil cases in the High Court and the County Court combined. [A] Administrative tribunals are disputes between the individual and the state for instance, [1] the abolition of The MentalHealth Review Tribunal in 2008 became part of the Health Education and Social CareChamber of the First Tier Tribunal which convenes at the hospital atwhich the patient is detained The panel consists of three members: the medicalmember, usually a consultant psychiatrist, who sits on the left; the legalmember (a lawyer, often a judge in restricted cases); and a lay member, whosits on the right.[b] Domestic tribunals, these are“in-housetribunals, which are normally set up by professional bodies- [1] GeneralMedical Council [2]Football Association [C] Employment tribunals were established in 1964AND deal specifically with disputes betweenemployees and employers over rights arising under employment legislation. Not only are they designated a superior courts ofrecord” cases such as unfair dismissal can only be brought [unless ADR ornegotiation leads to a settlement] to an ET – they cannot be heard by an ordinary court. Thehighestsum awarded in 2014-2015 was £557,039a case concerning sex discrimination. The Tribunal Courtsand Enforcement Act TCEA [2007] gave effect to the critical Leggatt report 2001 HAVINGidentified an incoherent appeal system. NOWa unified appeal structure existsa decision of the FIRST TIER tribunal[divided into 6 chamber] may be appealed to the UPPER TRIBUNAL and a decision of the UPPER TRIBUNAL may be appealed to the CA. Inaddition, The TCEA [2007] Stipulatesthat tribunals must be [a] independentfrom govt, [b] increase in speed and to be [c] more user friendly. - Tribunals are a good form of civil dispute resolutionand havemany features that make them preferable to the ordinary court system. They are NEITHER as formal nor are they asstressful and therefore not antagonisticbeing designed to achieve agreement betweenthe parties. They are much cheaper than the courts avoiding high costs, complexities and

    (Original post by hk49)
    I understand the principle of dispute resolution by mediation, arbitration etc.. however, how would you describe dispute resolution by tribunals? Thank you.
    [c] Discuss the advantages anddisadvantages of Tribunals as a form of Civil Dispute Resolution The first advantage of a tribunal is that of composition. It consists of achairman who is legally qualified HAVINGthe requisite expertise in the subject matter concerned a judge could ONLY hope to match, and complementedby twolay members. In regard to an ET this WOULD consist of an experienced business manager and anexperienced trade union official. Secondly, the Tribunal Courts andEnforcement ActTCEA [2007] gave effect to the critical Leggatt report 2001 HAVINGidentified an incoherent appeal system. NOWa unified appeal structure existsa decision of the FIRST TIER tribunal [divided into 6 chamber] may be appealed tothe UPPERTRIBUNAL and a decision of the UPPERTRIBUNAL may be appealed to the CA. In addition to this, The TCEA [2007] also requests [a] independence from govt,[b] increase in speedunlike the court MOST can be heard and resolved within one day, evidenced by thefact that 1million cases are decided annually by Tribunals compared to 150,000 civil cases in the High Courtand the County Court combined. Moreoverthe TCEA [2007] also requests to be more user-friendly. Theyare less formal than a court i.e. wigs and gowns are not worn which isimportant if an individuals is representing themselves. Thirdly, Tribunals are flexible and althoughthey aim to apply fairly consistent principles they do not operate under the rules of precedent, NOR do the strict rules of evidence apply. Privacyis guaranteed: proceedings are notpublicized when contrasted against that of a court hearing. This is vitalfor impartiality negating the chance ofappeal and/or delay. Employers donot want to ‘wash itsdirty linen in public’ and employees can be assured that futurecareers will not be jeopardized. Lastly,Legal aid is available at the initial stages but not encouraged unless there is a difficult point of law involved. HOWEVER it is of no avail at the actual hearing with the exceptionsof: [1] Prison Disciplinary, [2] MentalHealth became part of the Health Education and Social CareChamber of the First Tier Tribunal in 2008 and the [3] Parole Board. Nonetheless, whencompared the courts it is apparent that Tribunal proceedings incur minimal expenses: each sidebears its own cost irrespective of who wins. The Scottish government intends to abolish Tribunal fees under the Scotland Bill [2015],and it is hoped that Parliament will follow suite.Despite advantages shortcomings remain. Full funding from the legalservices commission is available for only a small number of minor tribunals. The Franks Committee Report1957 identified Tribunals would became increasingly important. To refuse to fund legal representationis tantamount to denying them accessto justice contravening Article 6 of theHuman Rights Act [1999] a Right to a fair Trial as emphasized by Halsey v Milton Keynes General NHS Trust[2004] which held that: ‘it is one thing to encourage theparties. It is another to order them to do so.’ Tribunals came in to being to dispense with the need for legal representationbut in many instances an individual will be facing an opponent with access tothe very best representation - an employer, for example, or a Governmentdepartment - and this clearly placesthem at a serious disadvantage. Genn and Genn [1989] concluded that: individuals who were represented had a much better chance ofwinning their case. INDEED, in 2014/15 75% of claimants were represented by alawyer at an Employment Tribunals, which is up 3% from in 2013/14 An alternative view is provided bythe CBI, in Restoring Faith in EmploymentTribunals [2005] they concluded that employers lacked confidence in the Employment Tribunal System andoften to chooseto settle weak and vexatious claims to avoid using it. THEirony CONCERNING the TCEA [2007] is that tribunals are too legalistic nolonger satisfying the original idea. This is EVIENCED by the fact 75%of cases were heard within 26weeks in 2001, but increased to34 WEEKS in the last quarter of 2015. Moreover, the meanage of a multiple claim case took is 5 years Despite the potential disadvantages associated withTribunals it remains a popular choice of dispute resolution for parties.Whether Tribunals arbitration is a practical route in comparison to litigationwill largely depend on the facts and circumstances of each dispute. [735]
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