Topic 8

Alternative dispute resolution testTopic 8

Alternative dispute

resolution test

Topic 8

Alternative dispute resolution test

Question 1

How many people sit on a tribunal panel?

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Alternative dispute resolution test

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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Alternative dispute resolution test

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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Alternative dispute resolution test

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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Alternative dispute resolution test

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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Alternative dispute resolution test

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 Queen’s 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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Alternative dispute resolution test

Answer 10

Online dispute resolution is popular in the USA as

a way of solving disputes without the parties

actually meeting.