Resolving Business Disputes: Mediation vs Conciliation

This assignment details the application of dispute resolution methods in a business context, with a focus on the case of Antwon and Tyrell. It explores the advantages of alternative dispute resolution (ADR) methods like mediation and conciliation over traditional court litigation, highlighting the potential benefits such as cost reduction, swift outcomes, privacy, impartiality, and improved relationships. The assignment also delves into the English legal system structure and ADR processes. Ultimately, it concludes that conciliation is more suitable for Antwon and Tyrell's case to ensure the eradication of conflicts and maintain good relations.

BUSINESS LAW

INTRODUCTION
Business-law is a subject which is imparted with several rules and legislation that has to
be performed and adapted by organisations so that a proper business operations can be
performed. It is very necessary to Every single laws, standards and controls are instilled in this
investigation with the goal that firm can have the capacity to know how to begin a business, buy
any merchandise and enterprises, dealing with a few perspectives and capacities and to at last
closing up enterprises, all these factors can be comprehended in a descriptive way if business-
law is examined (Awrey, 2010).
It is been taken as contemplations as on the grounds that any misrepresentation
movement can be avoided and customers, workers and in addition organization can have the
capacity to use their rights if any wrong action takes place to any one. There are various laws
that are actualized by UK government to secure right of clients and every one of those
individuals who are identified with a firm.
TASK1
P1) English legal systems structure and its sources.
English law is a structure where a systematic legal aspect has been set to follow them in
an appropriate manner. These are made so as to take in consideration at times need as because
there are several situations that takes places which is against rights and laws, at that situation it
become necessary to concern these set laws. Business law has to be effectively performed and
followed by every nation. This is very essential as because, with its support one will be able to
get their right for certain situation and aspects. In UK following system is been followed-
Hierarchy of UK court-
 Supreme court- This is the court where as choice is announced at that point no
modifications can be made, House of Lords in 2009 has been supplanted by it. In this
court the appeals of the the interest from Court of appeal and in exceptionally uncommon
case will hears interest of High-court in very rare and specialised situations (Bartlett,
Rhode and Grossman, 2016). 5 justices give there opinions many times although there are
total 9 justice.
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 Court of Appeal- It is the highest court within the senior courts of England and Wales. It
deal with the appeals of lower courts or tribunals. This has 2 segments Civil and
criminal. The interest should be possible for choices made here in Supreme court.
◦ Criminal law-In this tribunal criminal cases are managed. These are further appealed
at crown court.
◦ Common law- This fundamentally worries about cases identified with common laws,
and issue in regards to family. These are the laws developed through decisions by
judges in different cases.
 High court- High court hears the appeals from the lower courts and it is subdivided into
three elements: Family choice, Chancery and Queen's Bench division.
◦ Family Division- In this division the issue of the families are heard. The decisions are
taken by the high court judges and other jury members(Burk and McGowan, 2010).
◦ Chancery Division- These courts majorly deals the cases of lands, etc. The civil cases
from the lower divisions are also appealed to this segment.
◦ Queens Bench division- It is a senior court for the common law with civil and
criminal jurisdiction.
 Country and crown-court- The cases associated with the common laws are heard in this
court. Also, the issues of country to the other nations are deal in these tribunals. In
addition to this, the crime of contract breaking, reimbursement of obligations and so on
are handled. In crown court, cases identified with criminal exercises are settled which are
request from Magistrates.
In addition to this, there are also some special purpose courts that come in action when
required such as military court, election court, etc.
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Illustration 1: English legal system structure
Sources: The Court Structure of UK, 2013.

Sources of law
 Common law- This is a law which is based upon cases that takes place in routine manner.
Decisions that are drawn by judge are totally relied upon past experiences and decisions
that has been made for same situations and problems.
 Judicial law- This laws is very important in making decisions that are related to common
and case laws. This law guides judge to perform their decision making process in most
appropriate and effective way (Drahozal, 2011).
 Statutory law-These are legislation that has been executed by government of a country so
as to provide equitable rights to each and every person with same issues and problems.
These are the laws which is connected with Common house of Lords and final Monarch's
approval. Discussion and decisions are made in these house and then at last actual
implementation is been performed for a particular law.
 European law- These are laws that has been implemented by European in United
Kingdom. This law has to be considered at times of running a business as because this
will provide a detailed information about each and every law and rules that has to be
followed by a business person.
These laws can be extracted from two sources, namely primary and secondary.
◦ Primary Sources: In this the the legislation are partially written and completely
codified. They are the parliament enacted laws, decisions converted into case laws in
courts, European law, etc.
◦ Secondary Sources: These are not the legislations enacted by parliament. These
sources refers to the commentaries on the laws. The major sources includes:
encyclopaedias, parliamentary and non-parliamentary documents, law journals and
textbooks.
Complying of laws in an organisation
 There are several laws that has been drawn so that properly recruitment and selection can
be performed. Equality act 2010, Nationality act 2006, Data protection act 1998 all are
considered under select and recruitment processes (Eidenmüller, 2013).
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 Employment laws are also there made and introduced by nation's governing authority so
as to provide rights to employees working in a firm. Employment act 1996, Minimum
wages act 1998 are its examples.
 Health and safety act has also been introduced to safeguard employees at workplace,
several precaution and preventive tools are used as per Health and safety act 1974.
P2)Government's role in lawmaking and implementing common and statutory laws.
Law is very crucial aspect that has to be prepared in an effective manner so that
government of United Kingdom has its great contribution in making laws for several situations
and circumstances. It is done by them as because they will help in protecting and safeguarding
people of society and to provide them their actual right that is been pertained by them from some
problems and issues.
Process of making law by government-
1. Issues emerges on government agenda- This is the stage where several issues and
problems that are faced by employees in organisation and people in society of nation is
been presented in a very detailed way.
2. Ideas of addressing-issues- It is the phase in which several people of both houses present
their views upon different problems. A responsibility is lied upon member of parliament
to avail different suggestions as-well-as recommendations for challenges that are faced
by public in a country (Granovetter, 2010).
3. Consulted to related personnels- Problems are discussed by those people who have more
experience and knowledge about such situations. Their opinions and suggestions are
asked and are consulted to them so that they could be able to share their views for a
particular situation.
4. Acceptance of cabinet ministers- The hurdles and situations are bestowed in front of
cabinet ministers as because their credence is very much required, so arguments and
discussions are done mainly positive aspects are discussed so that they could be able to
agree upon proposal given to them (Hiller, 2013).
5. Preparing bill- The proposal that has been presented to cabinet minister, if they accept it
then it will be transformed into a Bill. This bill is carrying several aspects that are
showing remedies and recommendations that can be provided to certain problems along
with issues.
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6. Bill-scrutiny- As to finalise the bill it is required that it should be accepted by both
houses. As they approves the proposal then it is been further considered for making an
amendments.
7. Parliamentary-procedure
In order to become law, a bill is required to go through following steps:
◦ First reading- It is the first step in which a written draft, namely bill arrives in order to
become law.
◦ Second reading: In this step, the main debate on purpose and key areas of the bill is
performed.
◦ Committee stage: It is the phase in which detailed line by line scrutiny of the text with
amendments (proposed changes) takes place. In addition to this, votes may take place
to decide whether to make the changes or not.
◦ Report stage: Further examination of the written draft is done in this phase. More
amendments are debated and further votes take place to decide whether to make the
changes.
◦ Third reading: It is a ‘tidying up’ stage. In this step, the final chance for amendments
and votes is provided.
◦ Each House considers the other’s amendments.
◦ Royal Assent: When both Houses agree the final content, a bill is approved by the
Queen and becomes a law or ‘Act of Parliament’.
Implementation of statutory-and-common-law:
 Statutory version- In this stage where a law could be able to execute for certain situation
in an effective manner, so that justice can be availed to one who is facing problems.
Consideration of opinions of each and every member of parliament is very much
necessary by Judge as to make a decision (Jones and Sufrin, 2016).
 Support used by judge- A problem that has been discussed in not a simpler small aspect
as it got raise it is very essential to make appropriate solution for that so, several guide
and support system has to be used by judge. Such as Judicial precedent, Oxford
dictionary etc.
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 Rules for interpretation- It is very necessary for following drawn rules and regulation so
that effectively interpretation can be formed also in a legal manner it can be carried out.
Three basic rules are followed-
◦ Literal rule- This rules are used as because it is very appropriately helping one to
interpret properly along with this, it states in detail about execution of law and its
impact rather than explaining performances of law.
◦ Mischief rule- This is a rule that is been followed by judge to better understand
intentions and views of members of parliament.
◦ Golden rule- This is quite difficult, mostly it is been avoided as because this will raise
situations which are not in favour many times conflicts also get arise.
TASK2
P3) Impact of legislation upon organisation.
As to run a business a proper system has to be followed by an organisation Law assumes
an indispensable part in business-operations and has its heaps of an association. Very few duty
that lies upon manager with respect to laws that have been acquainted by government as with
maintain a business in fitting way. The goal of actualizing laws at work put as in light of the fact
that it, will direct businesses to perform in legitimate and safe way (Kadish, Schulhofer and
Barkow, 2016). Workers are their duty, labour's well-being and security is a section that must be
legitimately minded by bosses.
A) Employer's lawful obligations
 Health and safety at work etc. Act, 1974- Health and well-being is an earlier duty that
must be performed association for its representatives. Representatives need to defend by
administration at working environment. Well-being and security Act, 1973 is a
noteworthy issue as whole obligation of family lies upon that individual who is working
in an association (United Kingdom Law: Legislation, 2015). It is an act in which ensures
the provision for securing the health, safety and welfare of persons at workplace.
 Work-compensation- There is a consideration that employees will be getting in return to
their performance in an organisation. In employment-law it is very clearly mentioned that
minimum wage has to be provided to employees for the role which is performed by them
in a firm. For injury and uncertainty that has been got faced by an employee at place
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where he/she is working need to be considered by firm (Kaplan, Weisberg and Binder,
2014). Compensation has to be availed to them.
 Harassment- This is a circumstance which individuals are dealt with against social-
conduct. Strict laws should be enact against this issue so that nobody would perform
wrong act to anyone in a working place. Penalties and actions has to be taken against
them as a punishment for what they have done. It comes under the Criminal Justice and
Public Order Act 1994 and Protection from Harassment Act 1997.. It is a type of
discrimination with the employees. Equal opportunity- It is a term that upholds the idea that all the employees within an
organisation should be provided with equal rights and is based on Equality Act, 2010. It
is very essential for a company or an employer to avail each and every employee with
same skills and eligibility an equal opportunity. Male and female candidates also as to be
considered as equal. Bias and partiality should not be performed by employer with their
employees.
B) Case study
At present situation a case is related to a 16-year-old girl who is working in food centre
where she use to cook fries and due to leakage in an ice making machine she met with a major
accident. She slipped and her hand fell into hot oil frying container its temperature was 360°F.
She burned her hand. As according to the case it has been understood that staffs very absent on
that day also the team leader was doing some other activity.
It has been understood from this case that employees safety measures are not
appropriately followed in this food outlet. One of the major aspect is that health and safety law
has not been implemented by firm for their employees (Leung and et. al, 2013). Due to
carelessness and negligence of employees safety a small girl met with this big accident her whole
hand get burn. It has taken place just because not considering proper check of machines as and
equipments that has been used by firm. As mentioned in employment law and contract law it is
been mentioned that health and safety has to be considered by a company in most effective and
appropriate manner. If any loss get occurred by management then its their duty to provide
compensation to employees.
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TASK3
P4) Solutions for various business problems.
Case 1
According to the business laws, there are having some special rules along with
regulation, which are regulated or enchanted by government of country (Mason and Stephenson,
2015). There are available various kind of dismissal approaches:
 Fair-dismissal: It is a condition where a clear reason has be be quoted by manager of the
firm. So that they have a clearly dismiss and justified way rather than kicking out from
firm without consider any particular reason.
 Unfair dismissal: This is situation, in which suddenly terminate employees from
organisation without providing any information to them by employers.
 Wrongful Dismissal: It is a dismissal in breach of contract. In this the termination of a
contract of employment is done without any due process that effects the terms of the
contract.
Along with this, in this case Calvin is a designer, that has been working from last 4 years.
One day employers were checked petty cash book and found £100 is missing. So employers
without provided information to her. The dismissal was also wrongful as Donna has fired the
Calvin in a manner that violated the terms of contract. Calvin can use the contractual rights as a
legal solution against Donna.
Case 2
In this case, insurance Act dose not properly applied because Kevin's dad took insurance
policy from company to feel safe and secure regarding their store, there had a fire accident and
they went for insurance claim company denied to avail this as they said that company insurance
will only be provided when they haven't claimed it within 24 months (McGill, 2010). This is not
suitable as because no law defines that one can not claim for loss. It is very essential to define a
proper detail so that such situations can be avoided. He can use Misrepresentation tool against
the insurance company.
P5)Justifying for the drawn solution
In the event of Calvin and Donna, expulsion circumstance were there which was not
suitable as on the grounds that business here don't get some information about missing £100, she
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straightforwardly put fault upon Calvin without knowing from him and also likewise she call him
a criminal which is truly a negative viewpoint that a business must maintain a strategic distance
from. It is extremely basic being a proprietor or driving individual in firm to ask and discover the
correct circumstance then just activities and choices must be made (Luhrs, 2012). If there should
be an occurrence of expulsion of worker (Calvin), earlier notice must be initially given as law
states, before ending 10-15 days earlier a composed or verbal notice must be given then just such
move can be made unless, no choice is made. Calvin as having a work right can make inquiry
and can even sue manager for breaking the agreement.
In second case of Dan and the fire insurance company, the entity has denied for the
claims. It is exceptionally fundamental for organization and clients to be in a condition of most
extreme great confidence, where them two needs to illuminate every last detail so that no issue
get emerge in future. For this situation Dan didn't know about the way that he had guaranteed in
23 months just and he said last claim was done before 2 years (Mnookin and Weisberg, 2014).
And furthermore organization didn't say their provision with respect to 2 year circumstance,
however no protection law characterizes that before 24 months second case can not be made.
There are various solutions that can be used by Dan. As he has no intention to do wrong claims.
It is just he has not read the statements, and thus, he can take use of misrepresentation against the
insurance company. Firstly, he has signed the agreement by reading it carelessly, hence he can
take use of Negligent misrepresentation. Also, Dan was innocent as he has no wrong intention
and thus, he can use that misrepresentation against the fire insurance company.
TASK4
P6)Suggestions of legal solution on alternative legal system.
Alternative dispute resolution abbreviated as ADR is fundamentally used to profit related
answers for objections that are made by clients. It is extremely useful for an association to pick
as in light of the fact that it will aid get freed from all the conceivable negative outcomes that
may happen by not utilizing this idea in an association.
UK USA
Employment Law Employment right act 1996 is
been implemented by UK,
Whereas in USA, Family and
Medical Leave act 1993, is
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which describes all details of
sections of rights that are
pertained by an employee in an
organisation.
adapted, this act shows laws
that are to be leaves that can be
taken by employees.
Tax law Finance Act 2015, in United
Kingdom, this act is been used
where provisions of finance
and accounting system will be
mentioned in a detailed
manner.
In United States of America,
Treasury regulation is been
adapted where rules and norms
that are related to treasury bills
are described (Parker and
Nielsen, 2011).
In the present case, Antwon and Tyrell has an argument, which is effecting their business
and no arrangement has been done yet. Thus, it is required to resolve their issues soon so that
their work does not longer hampered.(Nissenbaum, 2011). They can go to elective question
determination where they can give their concern and help of judges they will get an answer
which they need to take after at any cost. Advantages that can be profited from this is-
 It helps in bringing down the cost.
 Greater adaptability and snappy outcomes.
 Private.
 Impartial
 Issues can be resolved without the involvement of the court.
 It is cost free, faster as compared to court and until third parties are-not involved.
 It reduces conflict and enhance the goodwill as well as better relationship and trust for
longer period.
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Illustration 2: ADR process
Sources: Alternative Dispute Resolution, 2017

There are different method of dispute resolution such as arbitration, collaborative law,
mediation, conciliation, facilitation, etc. The two best suitable methods in the present situation
are mediation and conciliation.
Mediation: In this method, the disputes are solved by a third neutral person. The issues of both
the parties are heard and an intermediate solution is taken. It is a party-centred method.
Conciliation: It is an ADR process in which a conciliator is there who meets both the parties first
individually and then together to resolve their issues.
However, it has been analysed that out of both the techniques, Conciliation is more
suitable as it will ensure the eradication of all the conflicts which will help Antwon and Tyrell to
possess good relation in future.
CONCLUSION
From the above assignment it can be concluded that every organisation should follow the
legal system as because it will help one in attaining their rights is any unlawful act is been
performed. Here numerous laws that are to be implemented by firm has been understood in a
detailed manner. It is very necessary for a company to adapt laws that will be very helpful to run
a business in appropriate manner.
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REFERENCES
Books and Journal
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