Topic 8 Alternative dispute resolution test Topic 8 Alternative dispute resolution test.

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Presentation transcript:

Topic 8 Alternative dispute resolution test Topic 8 Alternative dispute resolution test

Topic 8 Alternative dispute resolution test Question 1 How many people sit on a tribunal panel?

Topic 8 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.

Topic 8 Alternative dispute resolution test Question 2 What is the difference between a domestic tribunal and an administrative tribunal?

Topic 8 Alternative dispute resolution test 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.

Topic 8 Alternative dispute resolution test Question 3 Give an example of a domestic tribunal.

Topic 8 Alternative dispute resolution test Answer 3 The Law Society governs solicitors and has the power to suspend or disbar a member for misconduct.

Topic 8 Alternative dispute resolution test Question 4 Give an example of an administrative tribunal.

Topic 8 Alternative dispute resolution test Answer 4 Such tribunals include: rent tribunals social security appeal tribunals immigration appeals tribunals mental health tribunals employment tribunals

Topic 8 Alternative dispute resolution test Question 5 Which Act of Parliament governs administrative tribunals?

Topic 8 Alternative dispute resolution test Answer 5 The Tribunals and Enquiries Act 1992.

Topic 8 Alternative dispute resolution test Question 6 Which court supervises administrative tribunals?

Topic 8 Alternative dispute resolution test Answer 6 The Queen’s Bench Division of the High Court.

Topic 8 Alternative dispute resolution test Question 7 How does arbitration differ from formal court procedure (litigation)?

Topic 8 Alternative dispute resolution test Answer 7 The parties agree to have their dispute decided by an independent arbitrator. This procedure is less formal, quicker and cheaper than litigation.

Topic 8 Alternative dispute resolution test Question 8 What is a Scott v Avery clause?

Topic 8 Alternative dispute resolution test 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.

Topic 8 Alternative dispute resolution test Question 9 Name a type of dispute that uses conciliation.

Topic 8 Alternative dispute resolution test 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.

Topic 8 Alternative dispute resolution test Question 10 Which form of ADR is popular in the USA?

Topic 8 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.