Tribunals & Dispute Resolution (AQA GCSE Citizenship Studies): Revision Note

Exam code: 8100

Michael Mitchell

Written by: Michael Mitchell

Reviewed by: Lisa Eades

Updated on

The work of tribunals

  • A tribunal is a specialist court that deals with specific types of disputes, often involving decisions made by the government or public bodies

    • They are designed to be less formal than courts and are usually quicker and more accessible for individuals

  • Tribunals operate under a two-tier system

    • The first-tier tribunal hears the original case

    • The upper tribunal hears appeals if there is a possible error of law in the first decision

Examples of tribunals

  • Social Security and Child Support Tribunal (SSCS)

    • This tribunal deals with appeals about benefits, such as Universal Credit, disability benefits, and child support payments

    • It dealt with around 117,000 cases in 2024/25

  • Employment Tribunal (ET)

    • The Employment Tribunal hears disputes between employees and employers, such as unfair dismissal, discrimination, or unpaid wages

    • It received about 42,000 claims in 2024/25

  • Immigration and Asylum Chamber (First-tier Tribunal)

    • This tribunal deals with appeals about immigration decisions, including asylum claims and visas

    • It handled around 79,000 cases in 2024/25

  • Special Educational Needs and Disability Tribunal (SEND)

    • The SEND tribunal deals with disputes about support for children with special educational needs or disabilities, often involving local authorities

    • It recorded around 24,000 cases in 2024/25

Forms of dispute resolution

  • Alternative Dispute Resolution (ADR) refers to ways of resolving disputes without going to court

The main forms of ADR

Form of ADR

How it works

Benefits

Disadvantages

Negotiation

  • Both sides meet together or exchange ideas to try to resolve the issue

  • Limited costs, very informal and it's not legally binding on either side

  • It doesn’t by itself bring a guaranteed resolution to the problem

Mediation

  • A person or body discusses the issue and possible solutions with both sides

  • They have no view but try to bring both sides together to reach an agreement

  • Low cost compared to court action

  • Parties decide whether to agree, as nothing is imposed

  • No guarantee of reaching an agreement

  • Neither side is legally bound by any agreement

Conciliation

  • A person is engaged to try to bring both sides together

  • They are more active than a mediator and may suggest possible solutions or a compromise position

  • Cheaper than formal legal processes

  • It is a private arrangement that has a good chance of success

  • There may be no agreement, and the issue still has to go to court

  • Those involved may feel forced to accept a worse deal that they might achieve in court

Arbitration

  • Both sides agree to involve an outside person or body to propose an outcome based on evidence produced by both sides

  • Decisions are usually legally binding and can be enforced by courts

  • Parties are free to choose the arbitrator

  • Quicker than court proceedings

  • Can be expensive

  • As it is a formal process involving lawyers, it can take as long as a court case

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Michael Mitchell

Author: Michael Mitchell

Expertise: Content Writer

Michael Mitchell is a pioneer of Citizenship education and a former Chief Examiner and Chief Moderator across all qualification levels. Michael's aim is to enable students to participate and become active citizens and not just passive members of society. He designed national specifications and, later, trained the next generation of teachers as the PGCE Subject Leader at the University of Plymouth, where he also ran a national Master's-level CPD program.

Lisa Eades

Reviewer: Lisa Eades

Expertise: Business Content Creator

Lisa has taught A Level, GCSE, BTEC and IBDP Business for over 20 years and is a senior Examiner for Edexcel. Lisa has been a successful Head of Department in Kent and has offered private Business tuition to students across the UK. Lisa loves to create imaginative and accessible resources which engage learners and build their passion for the subject.