Access to the courts is an important part of the rule of law. Most schemes include a pathway for appeals. As dispute resolution schemes are developed, consideration must be given to how the dispute resolution process will interact with the appeals process.
Why are appeals necessary?
Most legal systems that create disputes contain legal tests that require questions of fact to be determined by an organisation. In many cases, before a dispute arises, that organisation is required to investigate and consider expert evidence.
Different types of appeals
Statutes have created different legal processes for appeal. These include different legal tests that the court will consider:
de novo appeal
manifestly unreasonable
question of law
judicial review
The type of appeal influences what information needs to be provided to the court by the person lodging the appeal or by the dispute resolution scheme operator.
Your obligations in relation to appeals from the resolution scheme
Talk to us about what pathways to the courts are available in your scheme.
