Tribunals and Alternative dispute resolution summary sheet
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Course
The legal system (H418)
Institution
OCR
Book
OCR A Level Law Second Edition
Gain a comprehensive understanding of tribunals and alternative dispute resolution (ADR) with this concise summary sheet. This resource covers the key aspects of tribunals, negotiation, mediation, conciliation, arbitration, online dispute resolution, and the online court. With the inclusion of adva...
- Tribunals and Alternative Dispute -
Resolution
TRIBUNALS
Tribunals operate alongside the court system and has become an important part of the legal system. They were
introduced in the second half of the 12th century. They were created in order to give people a method of enforcing
their entitlement to certain social rights
The tribunal must be used instead of court proceedings however they are less formal
ROLE OF TRIBUNALS
Tribunals enforce rights which have been granted through social and welfare legislation. There are many different
rights such as:
- The right to mobility allowance for those too disabled to walk
- The right to payment if one is made redundant from work
- The right not to be discriminated against because of ones race, sex, age or disability
- The right of immigrants to have a claim for political asylum heard
ORGANISATION OF TRIBUNALS
Tribunals were set up as the welfare state developed so new developments resulted in the creation of a new tribunal
. This led to over 70 separate types of tribunals that used different procedures. The system was confused and
complex
The whole system was reformed by the Tribunals Courts enforcement Act (2007) creating a unified structure for
tribunals, with a:
First tier - to hear cases at first instance
Upper tier - to hear appeals
FIRST-TIER TRIBUNALS
The first tier tribunal deals with about 600,000 cases each year and has nearly 200 judges and about 3,600 lay
members. The first tier operates in seven chambers (divisions):
- Social entitlement chamber (child support, Criminal injuries, compensation and Gender recognition )
- Health, education and social care chamber (Special educational needs, Mental health review Tribunal)
- War pension and armed forces compensation Chamber
- General Regulatory Chamber
- Taxation Chamber
- Land property and Housing Chamber
- Asylum and Immigration Chamber
As well as these 7 divisions there is one tribunal that still operates separately from the first-tier tribunal. which is the
employment Tribunal (hears claims for unfair dismissal, redundancy and discrimination)
, UPPER TRIBUNAL
The upper Tribunal is divided into 4 chambers (Divisions):
- Administrative Appeal Chamber (Hears appeals from Social entitlement chamber+ Health, education and
social care chamber + War pension and armed forces compensation Chamber)
- Tax and Chancery Chamber
- Lands Chamber
- Asylum and Immigration Chamber
FURTHER APPEAL
From the upper Tribunal there is a further possible appeal to the CoA and from there to the Supreme court
COMPOSITION OF TRIBUNALS
Cases in the First-tier Tribunal are heard by a tribunal judge and for some types of cases two non lawyers will sit with
the judge to make the decision (These two people would have expertise in the particular field of the Tribunal - In
Employment Tribunals one person from an employer's organisation and the other from an employee organisation)
PROCEDURE IN TRIBUNALS
Both sided must be given an opportunity to put their case. In some Tribunals (especially Employment and Asylum
Tribunals) this will be done in a very formal way with witnesses giving evidence on oath and being cross-examined.
Other Tribunals will operate in less formal ways
Funding for representation is only available for a few tribunals so most applicants will not have a lawyer but will
represent their own case
The exception is in Employment Tribunals where representation would be provided by their trade union
The decision of the Tribunal is binding
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