I understand the principle of dispute resolution by mediation, arbitration etc.. however, how would you describe dispute resolution by tribunals? Thank you.
Could someone explain tribunals - UNIT 1 AQA AS LAW watch
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- 31-03-2016 19:24
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- 02-04-2016 20:40
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Just quoting in Puddles the Monkey so she can move the thread if needed
Spoiler:Show(Original post by Puddles the Monkey)
- 12-05-2016 22:16
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  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,  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-house” tribunals, which are normally set up by professional bodies-  GeneralMedical Council 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  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  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
- 12-05-2016 22:18