Alternative dispute resolution test

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Topic 8
Alternative dispute resolution test
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Question 1
How many people sit on a tribunal panel?
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Answer 1
A tribunal is composed of three people. One will
be legally qualified and the other two will be
experienced in the area considered by the
tribunal.
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Question 2
What is the difference between a domestic
tribunal and an administrative tribunal?
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Answer 2
Domestic tribunals are used by professional
bodies to discipline or resolves disputes within
the profession. Administrative tribunals are set
up by the government to allow citizens a way of
challenging the decisions of powerful
organisations.
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Question 3
Give an example of a domestic tribunal.
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Answer 3
The Law Society governs solicitors and has the
power to suspend or disbar a member for
misconduct.
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Question 4
Give an example of an administrative tribunal.
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Answer 4

• Such tribunals include
• rent tribunals
• social security appeal tribunals
• immigration appeals tribunals
• mental health tribunals
• employment tribunals

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Question 5
Which Act of Parliament governs administrative
tribunals?
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Answer 5
The Tribunals and Enquiries Act 1992.
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Question 6
Which court supervises administrative tribunals?
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Answer 6
The Queens Bench Division of the High Court.
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Question 7
How does arbitration differ from formal court
procedure (litigation)?
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Answer 7
The parties agree to have their dispute decided
by an independent arbitrator. This procedure is
less formal, quicker and cheaper than litigation.
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Question 8
What is a Scott v Avery clause?
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Answer 8
Many businesses include an arbitration clause
(known as a Scott v Avery clause) in their
contracts, which requires both parties to use
arbitration should a dispute arise.
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Question 9
Name a type of dispute that uses conciliation.
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Answer 9
Most disputes involving employment will try this
method before the case goes to an employment
tribunal. The organisation ACAS offers this
service to encourage an employer and employee to
come to an agreement.
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Question 10
Which form of ADR is popular in the USA?
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Answer 10
Online dispute resolution is popular in the USA
as a way of solving disputes without the parties
actually meeting.