How can people resolve disputes and get access to justice?
Tribunals and other forms of dispute resolution such as mediation and arbitration, legal aid and access to justice, the role of advice services, and the barriers that can stop people getting justice.
A focused answer for OCR GCSE Citizenship Studies on tribunals and alternative dispute resolution (mediation and arbitration), legal aid and access to justice, the role of advice services such as Citizens Advice, and the barriers that can prevent people getting justice.
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What this dot point is asking
OCR wants you to explain how people resolve disputes outside the main courts (tribunals, mediation and arbitration), what access to justice means, how legal aid and advice services help, and the barriers that can stop people getting justice. This Section 1 content is examined through knowledge questions on tribunals and access to justice and through "Explain" and "Evaluate" questions on how fair and accessible the system is.
Tribunals
Tribunals exist because many disputes are technical and do not need a full court hearing. For example, an employment tribunal can decide whether someone was unfairly dismissed. Tribunals still follow legal rules and their decisions can usually be appealed, but they are designed to make justice more accessible. Knowing a real example (an employment tribunal) strengthens an answer.
Alternative dispute resolution
ADR is usually cheaper, faster and more private than court, and can preserve relationships, which is why most civil disputes settle before reaching a courtroom. The difference to remember is that in mediation the parties decide, while in arbitration the arbitrator decides.
Access to justice, legal aid and barriers
OCR rewards linking access to justice to the principle of equality before the law: justice is only fair if everyone can actually use it, not just those who can afford a lawyer. The strongest answers weigh how legal aid, advice services and ADR widen access against the barriers that remain.
Try this
Q1. Name one type of dispute an employment tribunal might decide. [Knowledge recall]
- Cue. Whether someone was unfairly dismissed (or discriminated against at work).
Q2. Explain the difference between mediation and arbitration. [Short explanation]
- Cue. In mediation a neutral mediator helps the parties reach their own agreement; in arbitration an independent arbitrator makes a decision that is usually binding on both sides.
Exam-style practice questions
Practice questions written in the style of OCR exam questions on this dot point, with worked answer explainers. The year tag is the paper they imitate, not the source.
OCR J270 20202 marksState what is meant by access to justice.Show worked answer →
A short knowledge question (2 marks). Reward a clear definition, with a developing detail for the second mark.
Access to justice means that everyone, regardless of income or background, should be able to use the legal system to defend their rights and resolve disputes fairly (1 mark). This includes being able to get legal advice and representation, understand their rights and afford the process, for example through legal aid or free advice services (second mark for development).
Top marks. A definition plus a developed point about what it requires in practice (advice, representation, affordability).
OCR J270 20228 marksExplain why access to justice can be difficult for some people in the UK.Show worked answer →
An extended "Explain" question (8 marks, AO1 and AO2). Reward developed barriers, each explained, not just listed.
Barrier one (cost). Legal advice and representation can be expensive, and cuts to legal aid since 2013 mean fewer people qualify for help, so some cannot afford to bring or defend a case.
Barrier two (knowledge and complexity). The legal system is complex; people may not know their rights or how to use the courts, and may be put off by the language and procedures.
Barrier three (time, fear and access). Cases can be slow and stressful, and some people fear authority, lack confidence, or face practical barriers such as disability or distance from a court.
Top band. Three developed barriers (cost, complexity, fear/practical), with the point that advice services such as Citizens Advice and alternatives like mediation help reduce them, and a judgement on the biggest barrier (usually cost).
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Sources & how we know this
- OCR GCSE (9-1) Citizenship Studies J270 specification — OCR (2016)
- Legal aid - check if you can get it — UK Government (GOV.UK) (2023)