Alternative Methods of Resolving Legal Disputes

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Submitted By mcj94
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A legal dispute is a disagreement over the existence of a legal duty or right. Usually most legal disputes are resolved in a court of law. However, there are alternative methods of resolving legal disputes other than by a court. Such methods include Tribunals as well as Arbitration. There are different Tribunals which exist to resolve a variety of disputes. Generally, a tribunal is known to be any person or institution with the authority to judge, to pass that particular judgment, or to determine claims or disputes. For example the industrial tribunal sits to dertermine statutory employment law disputes such as wrongful dismissal, unfair dismissal and redundancy. However industrial tribunals serve to resolve many more disputes than these. These tribunals handle the majority of employment law disputes between employers and employees.

Advantages | Disadvantages | Cheaper | Unfair imbalance between represented and unrepresented parties | Speedy, Informal and Flexible | The no-costs rule and lack of legal aid penalize poor litigants | Accessibility | May become complex over time | Freedom from technicality | May lack some of the perceived independence of the judiciary | Specialism | May result in ill founded claims |

An Arbitration is a legal technique for the resolution of disputes outside the courts, where the parties to a dispute refer it to one or more persons, known as the arbitrators, arbiters or arbitral tribunal, by whose decision (the "award") they agree to be bound. It is a resolution technique in which a third party reviews the evidence in the case and imposes a decision that is legally binding for both sides and enforceable. Arbitration clauses can usually be found in a variety of contracts. The entertainment industry and the construction industry are the main industries that use the arbitration process. Therefore, arbitration…...

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