The Responsive Tribunal: Robust Processes; Fair and Timely Outcomes

Abstract

Tribunals resolve millions of disputes each year, using final binding decision-making, and dispute resolution processes such as mediation. This chapter explores practical ways in which tribunals can be responsive to participants in the process. This includes being responsive to the materials presented by participants. Strategies are canvassed, such as appropriately using discretion; weighing and balancing information; encouraging agreement; and empowering participants without prejudicing others. Process design is discussed as an important aspect of responsiveness, as well as the effects of good communication, exploring participant interests, and clarifying facts and the law. Providing opportunities for participants to resolve their dispute by agreement and the factors to consider in dispute resolution processes are outlined. Case studies are provided that illustrate real world examples. The authors argue a tribunal can generate a robust process, which is not only fair and delivers timely outcomes but also satisfies participants’ needs by paying attention to the factors discussed.