Question 1

There are numerous advantages to be gained from using arbitration rather than the court system. What are they?

Accepted Answer

All apart from (b) can be classed as advantages. Arbitration is not regarded as being as accessible as some other forms of ADR, such as tribunals

Question 2

There are three distinct parts to the Arbitration Act 1996. What are they?

Accepted Answer

In analysing the AA 1996, it is useful to consider it in three distinct parts: autonomy of the parties; powers of the arbitrator and the court; and appellate rights

Question 3

The opinion of the third party in mediation is not binding

Accepted Answer

The third party in mediation, also known as the mediator, serves as a neutral facilitator and does not have the power to make a binding decision. It is up to the parties involved in the dispute to agree on the terms of the resolution.

Question 4

Parties cannot include an arbitration clause in their original contract which often makes it very difficult when things go wrong

Accepted Answer

Parties can include an arbitration clause in their original contract to specify that any disputes will be resolved through arbitration, which can provide a more streamlined and less formal process than court litigation.

Question 5

The Ombudsman may not begin an investigation on his/her own initiative, as the complaint must be made by a person aggrieved or by someone acting on their behalf

Accepted Answer

This is stated in the definition of the Ombudsman role, which is a person who investigates complaints about public services and organizations. The complaint must come from the person who has been directly affected or their representative.

Question 6

Within an Ombudsmans investigation, there is an onus of proof upon the claimant

Accepted Answer

An Ombudsman typically investigates complaints in a manner that does not require the claimant to prove their case beyond providing the initial complaint and any relevant information they have; the Ombudsman's office will then investigate to determine the validity of the complaint.

Question 7

Alternative Dispute mechanisms have tended not to have been encouraged by the Government

Accepted Answer

The Government has actually encouraged the use of alternative dispute mechanisms in order to reduce the backlog of cases in the courts and to promote access to justice. Initiatives such as the Small Claims Mediation Service and the online dispute resolution platform, for example, have been introduced to facilitate the resolution of disputes outside of formal court proceedings.

Question 8

Arbitration proceedings are open to challenge through judicial review on the grounds that they were not conducted in a judicial manner

Accepted Answer

Arbitration proceedings may be challenged through judicial review on the basis of procedural irregularities or errors of law. If a party is able to demonstrate that the arbitration was conducted in a manner that was fundamentally unfair or that violated basic principles of due process, a court may overturn the decision or order a rehearing. This is an important safeguard to ensure that arbitration remains a fair and effective means of resolving disputes.

Question 9

What is the method of dispute resolution when the parties in dispute agree to accept as binding the decision of an independent third party, and to waive other rights of action?

Accepted Answer

Arbitration involves the parties in dispute agreeing to accept as binding the decision of an independent third party, and to waive other rights of action.

Question 10

Which service operates a conciliation scheme (backed by statute) in cases of unfair dismissal?

Accepted Answer

ACAS (the Advisory Conciliation and Arbitration Service) operates a conciliation scheme (backed by statute) in cases of unfair dismissal

Question 11

Which of the following pieces of legislation brought about considerable change to the tribunal system?

Accepted Answer

The Tribunals, Courts and Enforcement Act 2007 had a considerable impact on the tribunal system. For example, it established a new Tribunal Procedure Committee and provided for a unified appeal structure

Question 12

What is the name of the Hotline which was launched in 2006 and is designed to provide information on, and improve public access to, family mediation?

Accepted Answer

In May 2006, the Family Mediation Helpline was offi cially launched. The Helpline is a public service designed to provide information on, and improve public access to, family mediation

Question 13

What was the piece of legislation called which intended for the creation of a new, simplifi ed, statutory framework for tribunals?

Accepted Answer

The stated intention of this piece of legislation (TCEA 2007) was the creation of a new, simplified, statutory framework for tribunals, which was to be achieved not just by the bringing together of existing tribunal jurisdictions but by provision of a new structure of jurisdiction and new appeal rights

Question 14

Employment tribunals are governed by which piece of legislation?

Accepted Answer

Employment tribunals are governed by the Employment Tribunals Act 1996, which sets out their composition, major areas of competence and procedure

Question 15

Which of the following statements about arbitration is TRUE?

Accepted Answer

All statements are correct apart from (c) whereby the decision of a third party is binding upon the parties

Question 16

Ombudsman can ___ both immediate action (e.g. compensation and/or an apology to the individual complainant) and longer-term action to ensure that there is no repetition

Accepted Answer

The answer of Ombudsman can ___ both immediate action (e.g....

Quiz 13: Arbitration, Tribunal Adjudication and Alternative Dispute Resolution