Advantages and Disadvantages

• One advantage of using tribunals instead of the courts is that it is cheaper.  

  This is due to the greater flexibility and informality than the civil courts as applicants are encouraged to represent themselves.  Tribunals also do not require the same level of costs to be paid to take a case and this means that if the party loses, there is not the same fear that they might have to pay the costs of the winning party, as well as their own. 

  This is an advantage because justice is more accessible to more people. 
• Tribunals are also quicker than court. 

  Tribunals are not restricted by court procedures and precedent nor is the need for legal representatives as important.

  They are usually dealt with within one day.

  This is an advantage because people can get on with their lives sooner and this is less inconvenience for the parties.  
• Another advantage is that they are generally informal when compared with using the courts.  

  Most cases are heard in private.  Further parties are encouraged not to use lawyers.   Tribunals are not held in courtrooms but more informal conference-like rooms.

  This is an advantage because it is less intimidating for claimants who may never have been in a court. 
• One disadvantage of using tribunals in contrast to the courts is the lack of funding.  

  There is an initial fee expected of parties and there could be the need to pay for representation for which there is no public funding. 

  The only public funding that is available is where there are Human Rights at stake or the individual’s liberty is at stake, for example in Mental Health Tribunals. 

  This is a disadvantage because many may be intimidated going against big businesses and this can slow down the process. 
• Finally, as with most methods of dispute resolution there are delays in getting cases to tribunals.  

  The vast number of cases dealt with by tribunals means that there can be delays in getting a hearing. The use of non-lawyer members on the panel can add to this problem as they sit part-time, usually one day a fortnight.  If a case is complex lasting several days this can lead to proceedings being spread over a number of weeks or even months.  
• Disadvantage

  • Employment tribunals are very formal . Room will be unfamiliar and set out much like a court room . The procedures can be confusing for those representing themselves. Where parties are litigants in person judges are supposed to take on an inquisitorial role to establish points that applicants wish to make.
  • A disadvantage because it may be intimating and confusing for parties