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
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
Question 6
Which court supervises administrative tribunals?
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
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.