Legal System and Legal Research in the Republic of South

Question: Describe about tribunal to observe a case and summarise the case together with the decisions of the panel. Outline the strengths and weaknesses of tribunals in the UK (visitors badge or attendance certificate from the tribunal need be attached as evidence). Answer: Introduction The tribunals in the United Kingdom are basically a part of the national system of the administrative department, but are being classified as the non-departmental public bodies. It was being formed under the circumstances of having a minority class in the judicial system on an ad hoc basis. Since 2007, there have been discussions as well, with the help of which the departmental changes are being made in order to make sure that this particular biased system can be avoided on the grounds having an effective scenario for these people in the country. The discussions are being made by the senior vice president of the tribunal group in order to have an effective scenario for them in the long run. The tribunal have been engaging itself in the activities that are actually leading for the benefits to this group of people. It was only in the year 2007, when the government of UK had passed an act for the purpose of legally accepting people from this group as members of the judiciary system in the United Kingdom. The Tribunals, courts and enforcement acts has been the laying down the principles of accepting this group of people as the member of judiciary in UK. According to this act, the tribunals were basically divided in certain groups that would determine most of the scenarios as per the requirements and the needs of these people. This step taken by the government of UK had led this group of people to make sure that even they can take an active participation in order to bring their class of people as a necessary aspect to set the demand for the whole economy together. Hence, it can be said that in most of the scenarios, it becomes an important aspect for the government of UK to make sure that Tribunals are included in the decision making process of the government. (Improvement Of The Resolution Of Sen sory Panels, 2016) Summary of the Case There have been lots of cases where the people in UK have gone against the system, disrespecting the existence of Tribunals. One of such cases has been the case between Ms William and MOD. These tribunals have been facing a difficult time in order to be the member of the judiciary to make sure that no disrespectful decisions has been taken. In this case as well there has been a situation where the EAT had actually dismissed the appeal of the claimant leading to an issue where the tribunal act had come in to existence. It is basically an appeal against the decision of the case, by the ET as it did not have any jurisdictions to basically hear the complained of the victimized. Therefore, it can be said that the equality act was not being followed for the people of this class. For this reason, it became an important factor for these people to come up with the scenario to make sure that they get equal rights in order to have a say in the decisions as taken by the higher authority. In most of the scenarios, it is the tribunal class people who are being suffering from these issues. The major reason behind the same has been the conflict in which these people are actually involved with or against the society. Apart from this, there have been situations where the in spite of having known the fact that a person from this group is actually on the favourable side, yet making a biased decisions, many a times the judge does not rule the case in favour of the tribunals as there has been no law regarding the matter to be judged and especially in the cases when these people are involved. The panel had not actually given a decision which would satisfy the people involved with the same. The major reason for the same has been the fact that the tribunals were not treated effectively in the case as it had led the people to make sure that they are being negatively responded towards the whole scenario. The observation has been according to the fact that the decision was biased enough for the people to come to the conclusion that the whole scenario was not in favour of the people from tribunal. Strengths of tribunals The existence of tribunals has been very much in the favour of them due to some of the major reasons. For the most important thing, i.e. the matters related to the court, tribunals do not have to wait for any kind of a court date in order to come to the conclusion. The decision taken will be less time consuming and the people involved with the same will be able to make sure that they are being able to put their views and arguments in the most effective manner. It can be regarded as one of the most important strengths for the tribunals as it would lead them to have an effective scenario for the betterment of their own society.(Text of IBM-Hitachi agreement establishing dispute resolution panel, 1983) Not only this, as the involvement of the court would not be there, the expenses to come on to a decision would not be expensive enough for the people to bear. The major reason for this is the fact that presence of court would actually lead to the whole scenario to get a reduction in the cost to nil. Therefore, it can be said that in most of the cases, the cost related to the same would not be incurred and hence for this reason this can be considered as one of the major strengths of tribunals.(Findlaw, 2016) It is simple and cost effective both as there are no complications as such to follow certain rules and regulations. It is simple as it does not involve any form of complications as there are no complications of the rules and regulations which are to be followed by the court to come to a conclusion for the claimant. This simplicity and cost effective aspect leads to the fact of having an effective scenario. Weaknesses of Tribunals The absence of rules and regulations doesnt mean that there is no law which is to be followed. There are certain laws, which are quite ineffective in nature. The rules and regulation has been complex because of which the ineffectiveness can be observed. Apart from this as well, there should be evidence enough for people to produce in front of the authority to make an appeal or something to prove their respective points. Hence, this can be considered as one of the weaknesses of the tribunals. This weakness of the tribunals would lead them to make sure that they have to produce proper evidences in order to decide all the necessary aspects. (Jurisdiction of Choice, 2016) Imbalance of power is also considered to be as a weakness ad it is an important aspect to determine who is going to determine all these facets of the case. The rules and regulations as made by the society of tribunals are to be followed in making any sort of a decision. These are the basic weaknesses of the tribunals as it would help the people in the group to make sure that the whole scenario is effectively used and no biased decisions has been taken or executed for the betterment of their respective society. (Brooker and Lavers, 1997) Importance of alternative dispute resolution system The dispute resolution system has been effectively utilised by the government of UK as in the presence of this system, all the groups which are not the respective member of the judiciary. In this scenario the alternative dispute resolution system is effectively utilised. This alternative dispute resolution system has been one of the major reasons for the court of law to determine any particular cases in the presence of which the company can actually lead to an effective rules and regulations. (cps.gov.uk, 2016) There are scenarios where the court is not being able to come to a conclusion for a group, where the normal laws cannot be applied. Apart from this, the whole scenario is to be actually modified as per the need of the group. Therefore, these aspects are actually dealt with the needful laws and regulations as per the effective processes to make sure that there is no biases aspect from the court of law. Hence, it should be that with the presence of having the best alternative dispute resolution system, the UK government has been taking an active role in the determination of the same. This alternative dispute system also has certain rules and regulations which are being effectively utilized for the purpose of having the most effective scenario for the groups which are not being considered as the member of the judiciary system of the country. Other than that most of the scenarios in these cases have been effectively utilized for the betterment of the tribunal group.. (Nyulawglobal, 2016) Types of alternative dispute resolutions available There have been different types of dispute resolution system available to the government of UK. It is because of this variety of the system, the tribunals are being able to get the justice in the matters where it becomes difficult for them to actually gain the same. Hence for this reason most of the times, the necessary decisions are taken by the society and the government together. For this particular reason, the UK government has come up with the concept of having alternative dispute resolutions as well, in place of the usual course of law. In this regard, the excessive decisions of the court of law are to be executed only when the whole matter is actually concluded that it is of a group where the court of law had decided for a fact that the normal laws would not be applied on them. Therefore the existence of having an alternative dispute system leads the economy to have rules and regulation for almost all the classes of people.(Study.com, 2016) Hence, it can be said that once the economy had decided to issue a new law for a group which is different from that of the normal citizens of the country, these alternative aspects are introduced. Hence, it can be said that these different types of dispute resolution system plays an important role in the determination of law which would effectively initiate the problem solving matters of the different groups in UK. 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