Chapter 7: Alternatives to courts

DEFINITIONS

Please explain the meaning of the following terms, providing examples wherever appropriate.

1) Arbitration

2) Mediation

3) Conciliation

4) Negotiation

5) Ombudsman

6) ODR

7) Scott v Avery clause

8) Settlement conference

9) ACAS

10) Tribunals Service

DIFFERENCES

11) Identify three general differences between tribunals and courts.

12)Identify two general differences between arbitration and mediation.

LISTS

13) List two cases that indicate that a judicial view that methods of alternative dispute resolution be encouraged. (2)

14) List three requirements for private arbitration contained in the Arbitration Act 1996. (3)

15) List four types of tribunals that you have considered during your studies. (4)

16) List three sorts of legal dispute for which mediation is commonly used. (3)

17) List three advantages associated with tribunals that were identified by the Franks Committee on Tribunals (1957). (3)

D) MISCELLANEOUS

18) Consider two strengths associated with mediation and two weaknesses. Conclude on the effectiveness of mediation by reference to one academic or practitioner.

19) Describe the role of the Council on Tribunals. Provide two advantages and one disadvantage associated with this body.

20) Compare arbitration as a method of resolving a dispute with the courts system. Identify and explain three reasons why arbitration might be preferred.

21) Identify one tribunal which has an appeal route that leads to the courts hierarchy and explain how this works.