Spot the Problem
A decision-maker applies different legal tests to similar cases without explanation.
What is inconsistency?
This means taking steps ahead of time to avoid inconsistent decisions.
What is a proactive approach?
Long hearing days with no breaks increase this risk.
What is decision fatigue?
This step matches evidence to issues and tests.
What is organize the evidence?
Members feel pressured to follow a certain outcome instead of deciding independently.
What is a threat to independence?
Decision-makers meet to discuss legal reasoning in a draft decision, but not the facts.
What is a legal discussion to promote consistency?
Scheduling the most complex cases at the end of the day may lead to this problem.
What is poor decision quality?
You should only include this type of evidence.
What is relevant evidence?
This happens when making many decisions reduces your mental energy.
What is decision fatigue?
One panel writes a strong decision to guide others in similar cases.
What is a lead case?
A tribunal that ignores workload and scheduling may unintentionally create this.
What is systemic inconsistency?
This tells you what each party must prove to succeed.
What is the legal test?
A tribunal notices different outcomes across regions and investigates why.
What is identifying inconsistency?
Decision-makers share country information so everyone uses the same evidence base.
What is information sharing to support consistency?
Decision-makers may not even notice this is affecting their reasoning.
What is unconscious bias from fatigue?
You look here to find the legal rules that apply.
What is legislation or policy?