Alternative Dispute Resolution Process

This assignment provides an in-depth analysis of alternative dispute resolution (ADR) processes, including mediation, arbitration, and negotiation. It discusses the benefits and challenges of ADR, as well as case studies and examples from various jurisdictions, including the UK. The assignment also touches on the role of technology in ADR and its potential for increasing access to justice.

BUSINESS LAW

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
SECTION 1......................................................................................................................................1
P1 Explanation relevant to English legal system and laws for organisation..........................1
P2 Analysing the role of legal authority and government of UK in law-making...................3
SECTION 2......................................................................................................................................5
P3 ...........................................................................................................................................5
A) Evaluating the various legal obligations of employees.....................................................5
SECTION 3......................................................................................................................................7
P4 Legal solution for the obstacle listed in the cases.............................................................7
P5 Justification for the solutions relevant with the cases.......................................................7
SECTION 4......................................................................................................................................7
P6 Recommendation for the adequate legal solutions............................................................7
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
To analyse the business law and the algal system of UK there is need to access
over various rule and regulation present by legislative authority of this country. Hence,
there can be influence of various cases and the areas on which the legislation is
necessary. Hence, in the present report there will be discussion based on the legal
structure in UK and the various Corporate, business, employee or individual rights
which in turn awarded by Legislative authority in country. However, such laws and legal
environment in UK is facilitated to have fair trade and commence and individual rights in
the country. There will be discussion based on the employee's rights like harassment,
work compensation, health and security as well as job opportunities.
SECTION 1
P1 Explanation relevant to English legal system and laws for organisation
In accordance with the various legislations in country which are being presented
by various laws in English legal system. Thus, these laws or regulations are present to
cure the issues of citizens and execute fair trade practices in business. Hence, it can be
said that with the help of such legislations, there will be reduction in the crime or
unlawful acts as well as helps individuals in making the adequate amount of money
(Partington, 2016). However, such legal system can be understood as per the below
listed chart diagram which represents all legislative authorities in the UK along with
jurisdiction courts which in turn facilitate fair judgements.
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Illustration 1: Legal system of UK
Source: (Besaiso and et.al., 2016)
Supreme Court: This is the largest and strongest court and Jurisdiction in UK
which operates or handles cases of not only UK but of Scotland, Northern Ireland and
Wales. The court mainly operates in cases or issues of criminal cases and hear appeals
for courts of Wales and England (The Supreme Court, 2017). Hence, the court was
established on 1st October 2009 with authority of constitutionals reform act 2005. Hence,
the motive behind establishing the court is to control all major cases and make fair
jurisdiction.
Court of Appeal: It is the biggest court in action but below from the supreme
court of England. Hence, this court has two sub divisions which in turn make it able to
facilitate adequate jurisdiction for any illegal or unlawful act happened in country.
Hence, there are two parts on which the cases are heard such as Civil and Criminal
laws. Hence, criminal laws were operated in crown court which in turn resolved by Court
of appeals in manner of sorting out all fraudulent acts held within national boundaries
(Court of Appeal Civil Division, 2017). However, civil laws or cases are being handled
by high court and county court which in turn helps in solving problems related with
family or civil oriented obstacles.
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Crown court: This court hears cases which are relevant with serious criminal
cases such as Murder, Robbery and Rape which in turn appeals against Magistrates'
court. Hence, motive of court is to facilitate legal suggestion of laws in which crime rate
of England, Wales, Ireland and Scotland were reduced as well as a fair judgement to be
awarded on any case to cure with such unlawful acts (Criminal courts, 2017).
High court of justice: This court facilitates the adequate jurisdiction which in
turn helps in resolving the cases or issues relevant with family problems, Chancery,
business and property as well as Queen's Bench divisions (Family Division of the High
Court, 2017).
Magistrates' court: These courts resolve initial level of issues in locality which
are relevant with criminal acts and family terms or problems. Hence, such issues are
initially heard by court and the fair jurisdiction were awarded by them (Magistrates’ court,
2017). However, there will be hearing relevant with the issues like public health, traffic
violation, serious crimes, assault and petty theft or robberies.
County court: This court mainly deals in non-criminal cases which in turn helps
in resolving the legal issues which are relevant with family matters and business
oriented issues (Make a court claim for money, 2017). Thus, it helps in claiming fixed
amount of money and the adequate resources which in turn need to be fulfilled by
criminal party to victims.
Several other sources of law for organisations:
There have been various laws or regulations which are in-acted by UK
government and in turn facilitated fair legislature in country such as European
convention laws helps in improving the jurisdictions are relevant with human rights and
health and security for citizens. However, the European Union laws facilitate financial
standard, well-being and values or people (The law of business organisations, 2012).
Thus, with the help of common and statutory laws which are functioning on the basis of
Precedents or cases from the past jurisdiction as well as obstacle faced by Judges to
present fair judgement. However, Statutory laws helps in evaluating and determining
public health and safety in the country or locality.
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P2 Analysing the role of legal authority and government of UK in law-making
By considering various stages in process of making law, signed and accepted by
all authorised committees in UK courts which in turn believes that bill will be fruitful for
resolving issues (McGourlay and Thomas, 2017). Hence, there will be several stages
which eventuate the process of bill to be established as a law such as:
Bill : This is an initial stage were the draft of bills were made and presented in
court which are mainly relevant with three kinds of bills such as private, private
members and public bills(Stages of law making in the UK, 2017).
1st Reading : Is presents the overview of the bill such as title and the purpose of
the bill was made. Hence, which are read by the house of commons which in turn
passed it to the next stage.
2nd Reading : In this stage the bill will be debated in the parliaments as well as
voting will be made by the various MPs which are belongs to the various different
political parties (Betancourt, 2017). Hence, this stage belongs to the majority discussion
which in turn helps in passing the bills.
Committee : At this stage the bills were moved to the house of committee which
in turn examines all the norms and legal acts in such bill and make various amendments
for documentation of the bill.
Report : At this stage the bill examined and the amendments were made that the
whole process were reported back to the house of parliament (Besaiso and et.al.,
2016).
3rd Stage : The bill again represented in the house or parliament over which the
further discussion or debates were made in consideration with accepting or rejecting
such bills.
House of Lords : In this stage the bill will move to the house of lord than there
will be various amendments made which may be in favour or against of the bill and then
again it will transfer to the House of the common.
Royal Ascent : This is the final stage which the monarch has to formally approve
the bill and which present the act of parliament (Christie, 2016). Hence, such acts and
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bills were pas by this committee after the approval in house of lords and commons and
the acceptance of ministers in such houses.
Statutory and common laws in UK and their implications :
By considering the legislative environment of UK the government has presented
these two categories of laws which in turn helps in monitoring the legislation and
jurisdiction in the country (De Santo, 2016). Hence, the common laws are formed on the
basis of past precedents and the real cases which were being presented in the court.
Hence, these can be used as the example of various individual, corporations and the
cases with the court and parliament of UK. On the other side the Statutory law mainly
deals in facilitating the human rights, health and security. Hence, it can be said that with
the help of such laws the business and the workers who are working in entity must be
benefited with the authenticated legislations.
SECTION 2
P3
A) Evaluating the various legal obligations of employees
In context with making any employment contract with any concern the individual
must gain the adequate information or knowledge regarding the rights and the safety
arrangements by the company. Hence, such legal obligations which are being facilitated
by the parliament of UK such as:
Occupational health and safety : These are the responsibilities of the employer
and the corporation in consideration with facilitating the adequate securities to
employees and in the workplace. Hence, there are many terms and conditions which
are in-acted by the Occupational health and safety act in UK in context with the
manufacturing units and the other operational entities (Leston-Bandeira and Thompson,
2017). Thus, there is need to have the first aid treatment box which in turn helps in
initially cure with any wound while operating any equipments or machinery. There must
be leave allowance allowed to employees who are suffering from disease or any health
issue which in turn to stopped or controlled in spreading such diseases.
Worker compensation : The remuneration or wages must be awarded to
workers in accordance with their qualification or the level duties. Hence, this the right or
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employees to claim over the organisation. The compensation will be made to them as if
they got injured while performing any business operations like through equipments of
machineries. However, this are the responsibilities of company or employer to facilitate
the adequate medical services to them as well as pay them as they will have the
adequate
Harassment : In accordance with solving such issues the parliament of UK has
facilitated employee harassment act (Duffy and Hynes, 2017). Hence, such act
executed and governs that the organisation do not pressurise the worker by giving
theme the excessive workload as well as they must not be stereotyped at workplace in
accordance with sexuality, physical appearance and the qualifications.
Equal opportunities : the allotment of duties and jobs are to be awarded to
employees or workers on the basis of their qualifications and skills they have
(Partington, 2016). Hence, these act helps in facilitating adequate remuneration and
salaries as per the duties and the operations performed by them and its is the
responsibility of the business in making the adequate payments to its workforce.
Helping the business with the relevant employment and contract law:
By considering the case of the 16 year old minor girls which was appointed in the
restaurant for operating major piece of work she accidental got injured. While she was I
the kitchen the floor was wet and she slipped over it and her arm falls into the deep flier
she god burns and several injured by such accident, there was no medication helps was
awarded to her by business as the leader was engaged in some other piece of work
without executing the operations in the workplace (McGourlay and Thomas, 2017).
However, it can be said that the leader was responsible for all the losses
because he was appointed in the organisation as to execute the work workforce. Hence,
the hospitality sector will also be punished in context with Child labour law which in
terms with appointing a minor girl to play the operational activities (Betancourt, 2017).
Further, in accordance with the health and safety act it can be said that she was not
being awarded with the medical help by organisation so firm will be penalised to make
the adequate payments in compensating such charges as well as pay her medical bills.
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SECTION 3
P4 Legal solution for the obstacle listed in the cases
In accordance with the first case Calvin has to appeal in the court with the help of
fair documentation such employment contract as well as need to sue the organisation
on the basis of terminating him without any legal notice (Besaiso and et.al., 2016).
Hence, Donna will be responsible for such case as she did not go for any concrete
evidence and decided Calvin as a thief. Thus, with the help of harassment act and the
employee rights acts Calvin can have his job back.
However, in terms of the second case Dan must sue the insurance company in
accordance with the fire insurance he has made and the organisation is liable to make
all the payments on the damage which was incurred accident.
P5 Justification for the solutions relevant with the cases
By considering both the cases it can be said that there is need to have the fair
judgement in both the case scenario were the victim was punished without any unlawful
act done by them and without any strong reason (Christie, 2016). Hence, Calvin need to
suit cases against Donna in accordance with terminating him without notice and strong
evidence as well as Dan has to make claim against the fir took in his stores as well as
suit the insurance company in not making the payments to him. Hence, these cases are
belongs to the harassment, individual rights which are need to have fair jurisdiction.
SECTION 4
P6 Recommendation for the adequate legal solutions
a) Alternative dispute resolution procedure :
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Illustration 2: Alternative dispute resolution process
Source: (Alternative dispute resolution, 2017)
By considering this process which in turn helps in handling the conflicts or issues
which are relevant with the prices and the several issues. There are several steps on
which the fair judgement can be made.
 ADR operates in the country as solving the disputes as well as facilitating the fair
solutions to all the parties in relation with prices or damages in the transactions
which are part from court proceedings.
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 The adjudicative jurisdiction such as Mediation which are relevant to the non
adjudicative disputes (De Santo, 2016).
b) Alternative legal solution which are differs from the legal framework :
In accordance with case of Antwon and Tyrell, it can be recommend date that
such case is need to be gone to the court of Mediation as per the alternative dispute
resolution process. Hence, in this method they will easily discus their issues to mediator
and the legal solution will be presented to them which in term helps them in making their
workplace relationships (Leston-Bandeira and Thompson, 2017). Hence, such process
will be beneficial for them in not disclosing their identity and agreement between them in
mutual agreed on a particular solution.
CONCLUSION
On the basis of above listed assignments there has been discussion based on
the various laws' ans legislation which are implements by the UK governments
authorities in context with facilitating the fair jurisdictional environment as well as
protecting the country from crime and fraudulent acts. Further, the discussion were
made on the various legislations and the legal solutions to the individuals on the basis
of various cases. There will be various people such as Antown, Calvin, Kevin and the
minor girl which are being facilitated with the legal solutions and jurisdictional support to
have the fair judgement.
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REFERENCES
Books and Journals
Besaiso, H. and et.al., 2016. Alternative dispute resolution in Palestine: the myth and
dilemma of construction mediation. International Journal of Law in the Built
Environment. 8(3). pp.269-286.
Betancourt, J. C., 2017. Alternative Dispute Resolution (ADR) and access to justice: An
introduction.
Christie, D. S., 2016. The elephant in the dispute resolution room: problems with the
definition of arbitration in Scots law.
De Santo, E. M., 2016. Assessing public “participation” in environmental decision-
making: Lessons learned from the UK Marine Conservation Zone (MCZ) site
selection process. Marine Policy. 64. pp.91-101.
Duffy, J. F. and Hynes, R. M., 2017. Common Law vs. Statutory Bases of Patent
Exhaustion. Va. L. Rev. Online. 103. p.1.
Leston-Bandeira, C. and Thompson, L., 2017. Integrating the view of the public into the
formal legislative process: public reading stage in the UK House of Commons. The
Journal of Legislative Studies, pp.1-21.
McGourlay, C. and Thomas, M., 2017. English Legal System Concentrate. Oxford
University Press.
Partington, M., 2016. Introduction to the English legal system 2016-2017. Oxford
University Press.
Online
Court of Appeal Civil Division. 2017. [Online]. Available through
:<https://www.gov.uk/courts-tribunals/court-of-appeal-civil-division>.
Criminal courts. 2017. [Online]. [Available through] :<https://www.gov.uk/courts>.
Family Division of the High Court. 2017. [Online]. Available through
:<https://www.gov.uk/courts-tribunals/family-division-of-the-high-court>.
Magistrates’ court. 2017. [Online]. Available through
:<https://www.britannica.com/topic/magistrates-court>.
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Make a court claim for money. 2017. [Online]. Available through
:<https://www.gov.uk/make-court-claim-for-money>.
Stages of law making in the UK. 2017. [Online]. Available through
:<https://www.lawteacher.net/free-law-essays/constitutional-law/stages-of-law-
making-in-the-uk-constitutional-law-essay.php>.
The Supreme Court. 2017. [Online]. Available through
:<https://www.supremecourt.uk/about/the-supreme-court.html>.
Alternative dispute resolution. 2017. [Online]. Available through
:<https://www.pinterest.com/explore/alternative-dispute-resolution/>.
[PDF]
The law of business organisations. 2012. [PDF]. Available through
:<http://www.londoninternational.ac.uk/sites/default/files/programme_resources/
lse/lse_pdf/subject_guides/mn3027_ch1-3.pdf>.
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