Deck 13: Arbitration, Tribunal Adjudication and Alternative Dispute Resolution

Question 1

Consilation is the most widely used form of dispute settlement among commercial parties.

Answer 1

False

Question 2

What did the Legatt review of tribunals propose?

A) Increase the number of cases in which legal representation was needed
B) Keeping the current appeal system and procedures
C) Making the 70 tribunals into one tribunals system
D) Ensuring that the tribunals were independent of their sponsoring departments by having them administered by one Tribunals Service
E) Improving the training of chairpersons and members in the interpersonal skills peculiarly required by tribunals

Answer 2

C,D,E
Explanation:Statements (a) and (b) are incorrect. Leggatt felt that every effort should be made to reduce the number of cases in which legal representation was needed and he suggeste that a more coherent appeal system should be provided

Question 3

Which of the following Chambers within the First-tier are operational?

A) General Regulatory Chamber
B) Administrative Appeals Chamber
C) Social Entitlement Chamber
D) Tax and Chancery Chamber
E) Health, Education and Social Care Chamber

Answer 3

A,C,E
Explanation:The General Regulatory Chamber, Social Entitlement Chamber and the Health, Education and Social Care Chamber (along with the Tax Chamber and the War Pensions and Armed Forces Compensation Chamber) are operational

Question 4

Match the type of alternative dispute method its meaning
-Arbitration

A)Where the third party, the conciliator, takes a more interventionist role in bringing the two parties together and in suggesting possible solutions to help achieve an agreed settlement
B)A procedure whereby both sides to a dispute agree to let a third party decide
C)Is a process where an independant third party who is an expert in the subject matter is appointed to decide the dispute
D)A process in which a neutral professional, commonly a lawyer hears a summary of each party's case and gives a non=binding assessment of the merits

Question 5

Match the type of alternative dispute method its meaning
-Early neutral evaluation

A)Where the third party, the conciliator, takes a more interventionist role in bringing the two parties together and in suggesting possible solutions to help achieve an agreed settlement
B)A procedure whereby both sides to a dispute agree to let a third party decide
C)Is a process where an independant third party who is an expert in the subject matter is appointed to decide the dispute
D)A process in which a neutral professional, commonly a lawyer hears a summary of each party's case and gives a non=binding assessment of the merits

Question 6

Match the type of alternative dispute method its meaning
-Expert determination

A)Where the third party, the conciliator, takes a more interventionist role in bringing the two parties together and in suggesting possible solutions to help achieve an agreed settlement
B)A procedure whereby both sides to a dispute agree to let a third party decide
C)Is a process where an independant third party who is an expert in the subject matter is appointed to decide the dispute
D)A process in which a neutral professional, commonly a lawyer hears a summary of each party's case and gives a non=binding assessment of the merits

Question 7

Match the type of alternative dispute method its meaning
-Conciliation

A)Where the third party, the conciliator, takes a more interventionist role in bringing the two parties together and in suggesting possible solutions to help achieve an agreed settlement
B)A procedure whereby both sides to a dispute agree to let a third party decide
C)Is a process where an independant third party who is an expert in the subject matter is appointed to decide the dispute
D)A process in which a neutral professional, commonly a lawyer hears a summary of each party's case and gives a non=binding assessment of the merits

Question 8

There are a number of distinct parts to the Arbitration Act 1996. Match up the sections with their meaning
-Autonomy

A)The AA 1950 allowed for either party to the proceedings to have questions of law authoritatively determined by the High Court through the procedure of ' case stated '
B)Section 30 provides that, unless the parties agree otherwise, the arbitrator can rule on questions relating to jurisdiction in certain situations
C)Where one party seeks to start a court action, contrary to a valid arbitration agreement, then the other party may request the court to stay the litigation in favour of the arbitration agreement under ss 9-11 of the AA 1996
D)It is signifi cant that most of the provisions set out in the AA 1996 are not compulsory

Question 9

There are a number of distinct parts to the Arbitration Act 1996. Match up the sections with their meaning
-Powers of the arbitrator

A)The AA 1950 allowed for either party to the proceedings to have questions of law authoritatively determined by the High Court through the procedure of ' case stated '
B)Section 30 provides that, unless the parties agree otherwise, the arbitrator can rule on questions relating to jurisdiction in certain situations
C)Where one party seeks to start a court action, contrary to a valid arbitration agreement, then the other party may request the court to stay the litigation in favour of the arbitration agreement under ss 9-11 of the AA 1997
D)It is signifi cant that most of the provisions set out in the AA 1996 are not compulsory

Question 10

There are a number of distinct parts to the Arbitration Act 1996. Match up the sections with their meaning
-Powers of the court

A)The AA 1950 allowed for either party to the proceedings to have questions of law authoritatively determined by the High Court through the procedure of ' case stated '
B)Section 30 provides that, unless the parties agree otherwise, the arbitrator can rule on questions relating to jurisdiction in certain situations
C)Where one party seeks to start a court action, contrary to a valid arbitration agreement, then the other party may request the court to stay the litigation in favour of the arbitration agreement under ss 9-11 of the AA 1998
D)It is signifi cant that most of the provisions set out in the AA 1996 are not compulsory

Question 11

There are a number of distinct parts to the Arbitration Act 1996. Match up the sections with their meaning
-Appellate rights

A)The AA 1950 allowed for either party to the proceedings to have questions of law authoritatively determined by the High Court through the procedure of ' case stated '
B)Section 30 provides that, unless the parties agree otherwise, the arbitrator can rule on questions relating to jurisdiction in certain situations
C)Where one party seeks to start a court action, contrary to a valid arbitration agreement, then the other party may request the court to stay the litigation in favour of the arbitration agreement under ss 9-11 of the AA 1999
D)It is signifi cant that most of the provisions set out in the AA 1996 are not compulsory

Question 12

What are the advantages of conciliation?

Question 13

What are the general disadvantages of alternative dispute resolution?

Question 14

In regards to the Ombudsman, what does 'maladministration' include?

Question 15

What are the potential problems with mediation?

Question 16

What are the advantages of tribunals?

Question 17

The only right to appeal against an arbitrator's decision, is through the High Court on a count of ___

Question 18

An arbitration ___ may be included in the original contract, specifying an arbitrator or the process of appointment

Question 19

Mediation is widespread in ___ disputes

Question 20

A conciliator takes a more ___ role than a mediator

Question 21

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

A) Privacy
B) Accessibility
C) Speed
D) Cost
E) Expertise

Question 22

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

A) Dependence
B) Autonomy
C) Powers of the judge
D) Powers of the arbitrator and the court
E) Appellate rights

Question 23

The opinion of the third party in mediation is not binding

Question 24

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

Question 25

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

Question 26

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

Question 27

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

Question 28

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

Question 29

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?

A) Arbitration
B) Mediation
C) Conciliation
D) Tribunals
E) Negotiation

Question 30

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

A) Alternative Dispute and Conflict Resolution Scheme
B) Advisory Conciliation and Arbitration Service
C) Conciliation and Conflict Resolution Scheme
D) Unfair Dismissal Service
E) Employment Dispute Service

Question 31

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

A) The Tribunals Justice Procedure 2008
B) The Administrative Tribunals and Courts Act 2006
C) The Courts and Inquiries Act 2010
D) The Tribunals, Courts and Enforcement Act 2007
E) The Damage Tribunals Act 2005

Question 32

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?

A) The Matriominal Matters Helpline
B) The Helpline for Family Mediator Referrals
C) The Family and Divorce Issues Helpline
D) The Helpline for Matrimonial Matters
E) The Family Mediation Helpline

Question 33

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

A) The Alternative Dispute Mechanism Reform Act 2008
B) The Courts Reform Act 2006
C) The Tribunals, Court and Enforcement Act 2007
D) The Enforcement of Tribunals Act 2010
E) The Judicial Courts Act 2005

Question 34

Employment tribunals are governed by which piece of legislation?

A) The Judicial Courts Act 2005
B) The Alternative Dispute Mechanism Reform Act 2008
C) The Courts Reform Act 2006
D) The Tribunals, Court and Enforcement Act 2007
E) The Employment Tribunals Act 1996

Question 35

Which of the following statements about arbitration is TRUE?

A) It is the first and oldest of the alternative procedures
B) It is the procedure whereby parties in dispute refer the issue to a third party for resolution, rather than taking the case to the ordinary law courts
C) The decision of the third party is not binding
D) Section 1 of the Arbitration Act (AA) 1996 states the principles for which arbitration is found
E) Where the parties agree to an arbitration procedure which is in writing, that procedure will be operative, even though the agreement between the parties is not itself in writing

Question 36

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