Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
7 Cards in this Set
- Front
- Back
What is ADR and the advantages |
This is another way ofsolving issues without taking legal action Advantages are cost, risk and speed |
|
What is Conciliation |
Conciliation–Less formal 3rd party intervention than mediation (almost apre-litigation or pre-settlement stage). Obligation before Employment Tribunalto go to Conciliation (prerequisite). |
|
What is Arbitration |
Arbitration– is where the parties refer their dispute to a third party – this is wherethey allow a party to make a decision, which may be in their favour and may not– this type of resolution follows the binding precedent. The arbitrator can imposea ruling. |
|
Mediation |
Mediation –3rd party HELPS the parties to negotiate a settlement. Parties haveto agree to ruling. This type of resolution is more of an agreement. |
|
How does ADR work? |
Parties within countries choose the seats ofarbitration; further, the dispute’s can also choose the amount of arbitratorsthat they want but there are often limited amounts because of the costassociated with each arbitrator. The UK courts have very little power in beingable to intervene in arbitration. |
|
What are Administrive Tribunals? |
Connected to public and private law; administrativetribunals have been established by statute, in the main, to resolve: Disputes betweena private citizen and a central government department, such as claims to socialsecurity benefits; Disputes whichrequire the application of specialised knowledge or expertise, such as theassessment of compensation following the compulsory purchase of land Other disputeswhich by their nature or quantity are considered unsuitable for the ordinarycourts, such as fixing a fair rent for premises or immigration appeals. |
|
What is an Ombudsman |
An ombudsman is a person who has been appointed tolook into complaints about an organisation. Using an ombudsman is a wayof trying to resolve a complaint without going to court. |