Advantages of tribunals

Advantages of tribunals over courts relate to such matters as follows:

• Speed

The ordinary court system is notoriously dilatory in hearing and deciding cases. Tribunals are much quicker to hear cases. A related advantage of the tribunal system is the certainty that it will be heard on a specific date and will not be subject to the vagaries of the court system. That being said, there have been reports that the tribunal system is coming under increased pressure and is falling behind  inrelation to its caseload.

• Cost

Tribunals are a much cheaper way of deciding cases than using the ordinary court system. One factor that leads to a reduction in cost is the fact that no specialized court building is required to hear the cases. Additionally, because those deciding the cases are less expensive to employ than judges and complainants do not have to rely on legal representation, the tribunal procedure is considerably less expensive than using the traditional court system. These reductions are further enhanced by the fact that there are no court fees involved in relation to tribunal proceedings and costs are not normally awarded against the loser.

• Informality

Tribunals are supposed to be informal, in order to make them less intimidating than full court cases. The strict rules relating to evidence, pleading and procedure which apply in courts are not binding in tribunal proceedings. The lack of formality is strengthened by the fact that proceedings tend not to be inquisitorial or accusatorial, but are intended to encourage and help participants to express their views of the situation before the tribunal. Informality should not, however, be mistaken for a lack of order, and the Franks Committee Report itself emphasized the need for clear rules of procedure. The provision of this informal situation and procedure tends to suggest that complainants do not need to be represented by a lawyer in order to present their grievance. They may represent themselves or be represented by a more knowledgeable associate, such as a trade union representative or some other friend. This contentious point will be considered further below.

• Flexibility

Tribunals are not bound by the strict rules of precedent, although some pay more regard to previous decisions than others. It should be remembered that, as tribunals are inferior and subject to the courts, they are governed by precedents made in the courts.

• Expertise

Reference has already been made to the advantages to be gained from the particular expertise that is provided by the laymembers of tribunals, as against the more general legal expertise of the chairperson.

• Accessibility

The aim of tribunals is to provide individuals with a readily accessible forum in which to air their grievances, and gaining access to tribunals is certainly not as difficult as getting a case into the ordinary courts.

• Privacy

The final advantage is the fact that proceedings can be taken before a tribunal without triggering the publicity that might follow from a court case.

Disadvantages of tribunals

It is important that the supposed advantages of tribunals are not simply taken at face value. They represent significant improvements over the operation of the ordinary court system, but it is at least arguable that some of them are not as advantageous as they appear at first sight to be, and that others represent potential, if not actual, weaknesses in the tribunal system.