Settlement Conferences in Arbitration
Added on 2019-12-17
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Business and Employment Law
Table of ContentsINTRODUCTION...........................................................................................................................3QUESTION 1 ..................................................................................................................................3QUESTION 2...................................................................................................................................6CONCLUSION................................................................................................................................9REFERENCES .............................................................................................................................10
INTRODUCTIONIn order to develop effectual business environment there are several laws and legislationwhich are introduced by UK government. Employment laws offer projection to both employerand 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 presentreport will describe the several Alternative Dispute Resolution (ADR) which is available for thesettlement. 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 thesettlement without going to the court. In the present era, business organization lays high level ofemphasis 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 quicksolution and thereby offers high level of benefit to them. There are several methods which can beused by the authority for dispute resolution are as follows:Arbitration: In this, arbitrator addresses the compliant to the large extent who belongsfrom the Chartered institute of Arbitrators. Hence, such arbitrator makes in-depthevaluation of the every business aspect or issue and thereby provides contractual partieswith the effective decisions according to the complaint. Decision which is taken by thearbitrator have legal bindings. By referring the case of Kyla Shipping v Bunge (2013) andBarclays bank Plc v Nylon capital plc Llp , if parties to the contract are not satisfied withthe decision of arbitrator then they have right to go to the court for the suitable judgementor framework (Arbitration Act 1996: key cases 2013-14 (Pt 1), 2016). Hence, arbitratorcharges fee for providing the services and it is highly cheaper rather than going to thecourt. Negotiation: It is also one of the most effectual method which helps in resolving thedisputes within the suitable time frame. In this method, both claimant and defendant partymutually 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 theexisting problem (Conciliation / Negotiation / Facilitation, 2016). In this way, it makesfocus on development of prominent relationship between the two parties. In accordancewith 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 moreeffectively and efficiently. It also offers opportunity to parties to the contract to presenttheir views and suggestion in front of each other. Along with this, mutual discussion alsooffers satisfaction or relief to both the parties significantly. Mediation :- It is a method of conflict resolution which offers a method for resolving theconflict. It is a voluntary method which can be adopted by parties for resolving the issuethat is being faced by them. Decisions given be mediator are not compulsory to follow forthe parties that are involved in the process of solving the dispute (Hayes, 2013). It is amethod of conflict resolution and in this method external mediator is called for solvingthe matter between parties. Case law of PFG ii SA v OMFS company Ltd Anindependent person is called for doing mediation and resolving the issues that is beingfaced by arbitrator. Mediator is a person which shows no favouritism for any party andlistens to issues faced by both the parties. In this process a organized and systematic approach is used and mediator ask questionsfrom parties that are related to dispute. Problems that are being faced by parties are told tomediator and mediator takes initiatives for providing assistance to parties for understanding andassessing underlying problems. Options are given in the mediations process for resolving thedifferences and conflicts among parties.(Moore, 2014.) Decisions given by mediator are notcompulsory to follow for parties and it is a voluntary dispute solving process (Moore, 2014). Ithas been referred from the case of Andrew Mitchell v News Group Newspapers Limited that it isessential to comply with the rules and mediator is a third neutral party who takes part in disputeresolution process. An end to conflict situation can be brought by taking assistance from themediator 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 thedifferences that are being faced by parties. In this process a neutral third party is invitedfor giving judgement with objective to resolve a matter (Marashlian and Adamchak,
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