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The existence of tribunals ensures that people have effective access to mechanisms for the resolution of disputes - VCE - SSCE Legal Studies - Question 7 - 2010 - Paper 1
Question 7
The existence of tribunals ensures that people have effective access to mechanisms for the resolution of disputes. To what extent do you agree with the above stateme... show full transcript
Worked Solution & Example Answer:The existence of tribunals ensures that people have effective access to mechanisms for the resolution of disputes - VCE - SSCE Legal Studies - Question 7 - 2010 - Paper 1
Step 1
To what extent do you agree with the above statement?
Answer
I largely agree with the statement that the existence of tribunals ensures effective access to mechanisms for resolving disputes. Tribunals provide a less formal environment compared to traditional courts, making the legal process more accessible to individuals who might otherwise be intimidated by formal legal proceedings. They reduce the complexity often associated with legal disputes by eliminating extensive pre-trial procedures, thus facilitating quicker resolutions.
Moreover, tribunals are generally faster at hearing cases than courts, which often have backlogs. This efficiency reduces the waiting time for parties involved, ensuring timely justice and allowing individuals to address disputes without significant delay.
While there are criticisms regarding the legal representation in tribunals and the limited appeal processes, the advantages they provide—such as lower costs and a less adversarial environment—enhance confidence among users in accessing the legal system.
Step 2
Justify your answer.
Answer
Several aspects highlight the effectiveness of tribunals in dispute resolution:
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Cost Efficiency: Tribunals typically require lower fees for filing and legal representation, making it financially feasible for a wider range of people to access justice. This is critical for individuals from low-income backgrounds.
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Increased Confidence: The less formal atmosphere of tribunals encourages individuals to represent themselves, thereby increasing their confidence in the legal system. They do not have to navigate complex legal jargon to the same degree as they would in traditional courts.
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Quicker Resolutions: The streamlined processes in tribunals lead to faster decision-making, which is particularly beneficial for those needing urgent resolutions.
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Focus on Specific Jurisdictions: Many tribunals specialize in particular areas of law, providing expertise that can lead to more informed and relevant decisions for the parties involved.
In conclusion, while there are areas for improvement, especially regarding the appeal process and legal support for unrepresented litigants, the existence of tribunals plays a vital role in enhancing access to justice.