ABSTRACT

In this chapter, we will consider some of the alternatives available, or which are proposed, for the settlement of disputes, other than the traditional means by way of adjudication in a court of law. It has long been established that disputes may be settled by way of adjudication by courts of law and, in more recent times, by tribunals. Tribunals took on much of their present day importance following the post-war welfare state reforms. They were set up by statute to adjudicate disputes between the citizen and the State on such matters as welfare benefits, rates, taxation and land disputes. Some, including industrial tribunals, adjudicate disputes between individuals but where the State regulates the relationship of the parties by legislation, for example, pay and conditions of work, redundancy, maternity rights and unfair dismissal.