Settlement Conferences in Arbitration

The assignment content discusses the concept of settlement conferences as a method to resolve disputes between companies or parties. It highlights that settlement conferences can be either mandatory or voluntary, where parties and their attorneys meet with a judge or neutral person (settlement officer) to discuss possible settlements.

Business and Employment Law

Table of Contents
INTRODUCTION...........................................................................................................................3
QUESTION 1 ..................................................................................................................................3
QUESTION 2...................................................................................................................................6
CONCLUSION................................................................................................................................9
REFERENCES .............................................................................................................................10

INTRODUCTION
In order to develop effectual business environment there are several laws and legislation
which are introduced by UK government. Employment laws offer projection to both employer
and employee in the case of default from the side of defendant party.(Bacow, Wheeler, 2013.)
Further, in UK, companies are also obliged to act in accordance with the laws and legislation.
Hence, if business unit makes default in the performance then they are obliged to give penalties.
In this way, legal aspects help in the creation of effective business environment. The present
report will describe the several Alternative Dispute Resolution (ADR) which is available for the
settlement. Further, it will also shed light on the various aspects of Employment Tribunal.
QUESTION 1
Assessment of the alternative dispute resolution
ADR refers to the ways which can be undertaken by the contractual parties for the
settlement without going to the court. In the present era, business organization lays high level of
emphasis on the settlement of disputes personally rather than including to the judiciary authority.
The reason behind this,(Zhong, 2016.) ADR provides business organization with the quick
solution and thereby offers high level of benefit to them. There are several methods which can be
used by the authority for dispute resolution are as follows: Arbitration: In this, arbitrator addresses the compliant to the large extent who belongs
from the Chartered institute of Arbitrators. Hence, such arbitrator makes in-depth
evaluation of the every business aspect or issue and thereby provides contractual parties
with the effective decisions according to the complaint. Decision which is taken by the
arbitrator have legal bindings. By referring the case of Kyla Shipping v Bunge (2013) and
Barclays bank Plc v Nylon capital plc Llp , if parties to the contract are not satisfied with
the decision of arbitrator then they have right to go to the court for the suitable judgement
or framework (Arbitration Act 1996: key cases 2013-14 (Pt 1), 2016). Hence, arbitrator
charges fee for providing the services and it is highly cheaper rather than going to the
court. Negotiation: It is also one of the most effectual method which helps in resolving the
disputes within the suitable time frame. In this method, both claimant and defendant party
mutually discuss the issue and negotiate with each other to derive suitable solution of the

problem. This method is usually used by the business organization for solving the
existing problem (Conciliation / Negotiation / Facilitation, 2016). In this way, it makes
focus on development of prominent relationship between the two parties. In accordance
with the case of Marshall Island v United Kingdom and Walford v miles (1992)
negotiation which takes place between the two parties must have legal implications.(Bult,
et.al., 2016.) This is another cheaper method which helps in resolving the issues more
effectively and efficiently. It also offers opportunity to parties to the contract to present
their views and suggestion in front of each other. Along with this, mutual discussion also
offers satisfaction or relief to both the parties significantly.
 Mediation :- It is a method of conflict resolution which offers a method for resolving the
conflict. It is a voluntary method which can be adopted by parties for resolving the issue
that is being faced by them. Decisions given be mediator are not compulsory to follow for
the parties that are involved in the process of solving the dispute (Hayes, 2013). It is a
method of conflict resolution and in this method external mediator is called for solving
the matter between parties. Case law of PFG ii SA v OMFS company Ltd An
independent person is called for doing mediation and resolving the issues that is being
faced by arbitrator. Mediator is a person which shows no favouritism for any party and
listens to issues faced by both the parties.
In this process a organized and systematic approach is used and mediator ask questions
from parties that are related to dispute. Problems that are being faced by parties are told to
mediator and mediator takes initiatives for providing assistance to parties for understanding and
assessing underlying problems. Options are given in the mediations process for resolving the
differences and conflicts among parties.(Moore, 2014.) Decisions given by mediator are not
compulsory to follow for parties and it is a voluntary dispute solving process (Moore, 2014). It
has been referred from the case of Andrew Mitchell v News Group Newspapers Limited that it is
essential to comply with the rules and mediator is a third neutral party who takes part in dispute
resolution process. An end to conflict situation can be brought by taking assistance from the
mediator negotiate settlements can be done for getting an end to the dispute.
 Adjudication: It is defined as process which is used as independently for solving the
differences that are being faced by parties. In this process a neutral third party is invited
for giving judgement with objective to resolve a matter (Marashlian and Adamchak,

2016). Adjudication can take place outside the court or in court room. If any party feels
unsatisfied with the decision given under the adjudication process than choice is given to
go in court for resolving the matter that is being faced by them. This is a involuntary
process and both the parties presents their arguments and issues that are being faced by
them. Decisions are given and disputes are solved by neutral third party for solving the
differences that exist among parties (Dreyfuss, 2016.).
As a neutral third party is involved in the process of adjudication and due to this no
favouritism is provided to any party. Power of neutral third party is vary limited in this method
and if any party feels unsatisfied than they can go in courtrooms. According to the case of Macob
Civil Engineering v Morris Construction Ltd [1999] EWHC it has been referred that adjudication
is a process which can be used for settling the matter between parties. It has been referred from
the case that court proceedings are required for enforcing the decisions given by adjudicator. The
decisions that are given by the arbitrator are binding on the parties which took part in conflict
resolution process.
 Dispute resolution: Alternative dispute resolution involves dispute resolution method to
come to an agreement for disagreeing parties. Dispute resolution is useful to resolving
conflicts and violence between contract parties. It plays great role in international trade
includes negotiation, mediation and arbitration. The legal system of UK provides
resolving for various kinds of disputes. Judicial resolution includes antagonistic parties
and tries to gain positive outcome for their positions. It is useful solve out any conflicts
among individuals, business entities and government agencies. Dispute resolution takes
place by using different technologies in decided cases. There is a developing field of
dispute resolution presence in online form refers to online dispute resolution.
A case related to payment of wheat. Dispute occurred on payment of wheat within 90
days. The attribution was incurred by Gafta. He was silent on issue when dispute arises and
ignored to payment even invoice had been sent. The appeal was allowed by court and case
considered to be remitted on behalf of dispute resolution procedure. As well case on dispute
resolution related to public authority regarding significance of neglecting litigation. The case was
C appealed against judicial council's decision to reside home where he was a resident. It was a
responsibility of court to use its ability to neglect public authorities and members. In this case,
court should use its proper capability and tries to solve out the issue. The conflict parties asks

reason of complaint procedure and other form of ADR has not remains accepted to reduce the
issue includes in disputes. Therefore, court should deter parties from accepting unnecessary
approach to litigation. In court's opinion, C lost and order remains in favor of other party.
Thus, dispute resolution is helpful to solve any issue related to individuals including
business entities by court's decision in favour or in opposition.
 Mediation: Mediation remains as structural, interactive process in which third party
disputes in resloution of conflicts by means of communication and negotiation methods.
The process concentrates on needs, rights and interests of parties. The mediator uses high
quality of tools and techniques for guiding stages in direction and supports to solve out
issue in optimum manner. In this process, analysis of issues identifies and follows a law
in ADR for two or more than two parties of contract. Different kinds of issues are to be
solve out in manner as family matters, workplace, commercial and legal issues.
Mediation is a peaceful and internationally adopted solution for conflicts.
The case law of mediation where party won its case. D was a barrister sued on his former
client C for professional avoidance, a solicitor. D took action against C. In this case, C reamisn
to lost court appeals and house of Lords and costs bankrupted him. C denied to pay D due to D
refused to go mediation. Hence, D identified to taking views that mediation was not adequate. It
had already 11 years when his campaign related to litigation against his former partner and
professional advisers. It proceed to bankruptcy as well cost award created against C and hence D
won the case.
QUESTION 2
When there is an existence of situation of problem between two parties due to which a
moment of diffraction may arise a situation of legal dispute between the parties which they want
to contain it in front of court of law then before filing suit in front of court there is an option of
alternative dispute resolution for the parties to solve it manually and find a solution of a problem
by the help of that person which they want to appoint for their assistance. Due to this parties may
protect their time wastage, money wastage, avoid going to court which will be very complicated
for a common person than ADR.(Karatepe, 2013.) And by dispute resolution parties still receive
their compensation.
Basically Alternative dispute resolution is a procedure for settling disputes between two
parties without initiating any court proceedings and usually it is less expensive and parties may

expect a best outcome or reasonable solutions which could satisfy their interests in absolute
capacity according to their interests. Approximately in many cases we can use alternative dispute
resolution concept because of its nature to resolve issue efficiently like high profile labor
disputes, Divorce actions between husband and wife, contractual liabilities as well as tortuous
liabilities, personal injury claims that may be given by an individual or organization or an
institute.
The primary reason behind the selection of an alternative dispute resolution concept is
that, unlike adversarial litigation ADR is a very collaborative process and it allows the parties to
comprehend each others positions.(Karatepe, 2013.)Alternative dispute resolution also allows
both the parties to come up and rely there consent on to more created solutions that a court may
not supposed to provide by following legal process. Even though alternative dispute resolution is
intended to reduce stress, costs, and formality associated with courts that should be done by the
parties, many parties still hire lawyers to represent them at ADR proceedings.
For an example the situation of problem or tension arises between the two parties in the
below mentioned case i.e., there is a person named Francis who manages a professional theatre
group. In a certain situation he is staging a performance on the life of Martin Luther king and for
that purpose he placed an advertisement in a theatrical trade newspaper in which he is asking for
applications regarding the lead role of Martin Luther king. He add an specific clause in that
advertisement that only the “black actors needed” to conduct the theatre. By doing this Francis
automatically created a General offer with a certain conditional clause acceptance of which can
certainly converted into a contract but according to the additional clause only because it was
specifically mentioned in advertisement. He also mention that there will also a need of persons
who are powerful with hard-working stage hands which really helps to lift heavy scenery. These
two conditions were put up in advertisement by Francis. Further in that there is a person named
Alistair who is a white actor having 15 years of acting experience. He sees advertisement and
accordingly ask Francis to play the role of Martin Luther King in theatre and to attend the casting
interview for the selection of lead actor. Francis refused to see his act and ask him to leave from
interview process saying that “didn’t you read the advert?” means the advertisement is
specifically for the black actors only. Alistair claims that he has been discriminated because he is
white. The question arises here is “ Whether the Francis is liable for the allegation of
discrimination raised on it by the Alistair.

The reasoning behind this question is Francis is not liable for the allegation raised by
Alistair that is of discrimination because it is general offer for everyone who will satisfy both the
conditions which are expressly mentioned by Francis in advertisement and accordingly Francis
doesn’t have any intention to discriminate Alistair because conditions imposed by Francis are the
need of playing character of Martin Luther King in theatre.
In another situation there is a person named Chris who will come to know about the
advertisement for stagehands. He is a disabled person because he had a bad back for several
years but he is able to lift and lift light loads. He attended the interview process and Francis tells
him that he’s sorry but he cannot make any special arrangements for the disabled workers. In this
situation Chris also feels that he was discriminated by Francis and want to enter into employment
tribunal accordingly.
(Marashlian, Adamchak, 2016.)So the question arises here is “Whether the Francis is
liable for discrimination or not?”. The reasoning behind this situation or contention is that this
time also Francis is not liable for the allegation of discrimination raised by Chris on him because
Chris is not competent enough to fulfill the conditions of advertisement because he is disabled
and as not powerful as needed for the work to be done. Because if there is any complication
arises regarding the back of Chris during the course of employment then may be there are not
sufficient arrangements for the disabled may be there will be no doctor or no ambulance facility
or medical facilities will not be provided on the site of theatre during the rehearsals. So Francis
want strong persons with which there are no issues regarding the lifting of heavy scenery. And if
we consider the most important aspect i.e., intention. So Francis doesn’t have any intention to
discriminate Chris on the basis of capacity to lift heavy loads.
In further continuation of this report we may connect this case with alternative dispute
resolution that how can ADR will assist both the persons according to there claim. So first we
have to know that how many types of alternative dispute resolution are there to resolve issues
and which could be the best option in this situation for both the parties to find a concrete solution
over the claim raised.
Classification of Alternative dispute resolution:
. Arbitration: In arbitration a neutral person is appointed between the two parties called as
“arbitrator” who hears the arguments and check the evidences presented on behalf of both

the parties and then decides the outcome of dispute. Arbitration may be “binding” or “non-
binding” which was specifically decided by the parties that they want to bind themselves or
not. Binding arbitration means both the parties are bound by the decision of arbitrator
whether it was beneficial for either of the parties or for the both.(Karatepe, 2013.)
Arbitration is appropriate for complex matters in which parties want to decide their dispute.
. Mediation: In mediation an impartial person is appointed called as “mediator” which helps the
parties to attain a mutually acceptable resolution of the dispute. Mediator doesn’t decide the
dispute but helps the parties to communicate so they can settle down their dispute.
Mediation is basically useful when parties have a relationship which they want to preserve.
For example disputes between family members, neighbors, or between business partners.
Neutral Evaluation: In neutral evaluation, each party gets a chance to present the case in front
of a person called “Evaluator”. Evaluator then gives his opinion on strength of case and
weakness of evidences and accordingly suggest how can the dispute may be resolved. For
example this is most preferable in technical cases which really requires special expertise in
concerned field.
. Settlement conferences: Settlement conferences may be either mandatory or voluntary. In both
the types parties and their attorneys meet with a judge or a neutral person who is “settlement
officer” to discuss possible settlement of their dispute.(Bacow, Wheeler, 2013) The judge
cannot make any decision but analyze weakness of strengths and suggest both the parties for
negotiating the settlement.
CONCLUSION
It has been concluded from the above project that Arbitration is one of the method to
solve the resolution between the companies or between the parties. It has been further seen in the
project that various kinds methods which shall be used by the company to resolve the problem. It
has been directed by the project that an Arbitration work as a method of mediator for solving the
problems. The project has further described about the concept with the reference to various case
laws.

REFERENCES
Books and Journals
Bacow, L.S. and Wheeler, M., 2013. Environmental dispute resolution. Springer Science &
Business Media.
Bult, A.K. and et.al., 2016. Dispute Avoidance and Alternative Dispute Resolution. In
Construction Contract Claims, Changes, and Dispute Resolution. 4(3). pp. 347-385.
Dreyfuss, R., 2016. The EU’s Romance with Specialized Adjudication. Sage publications.
Hayes, A. F., 2013. Introduction to mediation, moderation, and conditional process analysis: A
regression-based approach. Guilford Press.
Hayes, A.F. and Preacher, K.J., 2014. Statistical mediation analysis with a multicategorical
independent variable. British Journal of Mathematical and Statistical Psychology. 67(3).
pp. 451-470.
Johnson, N.C., Gehring, C. and Jansa, J., 2016. Mycorrhizal Mediation of Soil: Fertility,
Structure, and Carbon Storage.
Karatepe, O.M., 2013. High-performance work practices and hotel employee performance: The
mediation of work engagement. International Journal of Hospitality Management. 32(2).
pp. 132-140.
Marashlian, J. S. and Adamchak, K. P., 2016. Confusion, Uncertainty, and Fear: How the FCC's
Increased Reliance on Adjudication Is Harming Carriers, Competition, Consumers, and
Investment. Fed. Comm. LJ. 68. pp.207-353.
Moore, C. W., 2014. The mediation process: Practical strategies for resolving conflict. John
Wiley & Sons.
Zhong, H., 2016. 8 Dispute resolution and access to justice in rural China. Gender, Violence and
the State in Asia. 5(3). pp. 120-134.
Online
Arbitration Act 1996: key cases 2013-14 (Pt 1). 2016. Online. Available through:
<https://www.newlawjournal.co.uk/content/arbitration-act-1996-key-cases-2013-14-pt-
1>. [Accessed on 10th December 2016].
Conciliation / Negotiation / Facilitation. 2016. Online. Available through:
<http://www.adrservices.org/conciliation.php>. [Accessed on 10th December 2016].