Alternative Dispute Resolution (ADR) Process and Benefits

The assignment discusses the process of Alternative Dispute Resolution (ADR), which is a legal procedure introduced by public bodies to resolve disputes between parties. ADR includes various methods such as negotiation, conciliation, mediation, arbitration, and ombudsman services. The benefits of ADR include fair justice, cost-effectiveness, and efficient dispute resolution. The assignment concludes that business law consists of rules and procedures governing businesses, and members are responsible for complying with laws. ADR provides an effective alternative to traditional court proceedings, making it a suitable option for resolving conflicts between parties.

BUSINESS LAW

INTRODUCTION
Business law is applied in running business firms which consists different types of
provisions, regulation, policies and procedure. Sources of law stands for origin of law. It is
binding rules and policies which is able to governing human conduct. Government of UK play
effective role in law making and decision making procedure. Bill of draft start by legal authority
and then it goes through set of approval or Royal assent stages which is provided by acts of
parliament. Employers are responsible to maintain health and safety working environment in
working premises order to attract their employees (Kinicki and Kreitner, 2012). According to
contract law companies are responsible to comes in contractual relationship with each other.
Mentioned procedure is able to bind parties to fulfil their obligations. New alternative technique
has been introduced by courts in order to reduce their number of cases and provide fair justice to
parties who wants to resolve their matter.
TASK 1
P1. Structure of English legal system as well as different sources of law.
Staff members of English legal system are responsible to comply with systematic
structure. All business organizations are bound to comply with. Criminal cases needs to lodge in
criminal courts for the purpose of resolve matter of parties and civil cases file in civil courts.
This is a systematic procedure which have to follow by legal authorities. There are various legal
liabilities imposed on members which are bound to follow mentioned rules and regulation.
People have to file their complaints in different courts according to the nature of cases and
receive best solution for their problem. As they are not able to file similar case among similar
parties in different courts, they have to wait for the for the effective decision.
Also there are different sources of law which are considered as origin of law. Mentioned
effective sources mat be national, regional, religious as well as international (Mann and Roberts,
2011). Various types binding policies and procedure able to governing human conduct.
Legislation- It is considered as significant sources of law through which origin of laws is
possible. It consists acts of Parliament which is also called as statutes. Delegated legislation has
been created by public bodies as well as local legal authorities. Such power given by parliament
to frame some rules in order to protect interest of entire country.

Case law- It is considered as decision which is made by courts as it also called as
precedents which binding other courts to comply with. When judges try to resolve current matter
of parties and if required they take look on previously discussed cases for provide appropriate
solution to them.
EU legislation- The United Kingdom joined EU in year of 1973. From that date, it
accepts legal rules and obligation and try to implement them as well to comply with.
Furthermore, obligations can be fulfilled through Treaty (Latimer, 2012). It is situation in which
two or more state are comes in contractual relationship with each other as well as try to meet
term a conditions which are mentioned under written legal agreement name called agreement
deed.
Custom- It is the common behaviours which is observed and accepted by entire society.
The Customary law is popularly known as biggest sources of law and it is a foundation of
common law. Furthermore, it can have applied on entire country and every business organization
as well as members of society are bound to comply with them. It needs to reasonable, certain,
appropriate, not be contrary to any other law and much more.
Constitution- It is biggest source of law which include certain laws and acts. Also
distribute powers among members of legal authorities according of their skills, knowledge and
experience. This source of law is able to protect interest and rights to parties. It consists various
obligation of parties which they need to fulfil.
P2. Role of legal authorities in law making process.
Government play effective role in law making and decision making process. As it is able
to frame some new laws in order to protect exiting laws which are enacted by acts of parliament.
There are certain responsibilities are imposed on them for protect interest of parties. Public
bodies have to ensures that every business organization needs to comply with legal duties and
main effective working environment in working premises (Lieberman, Siedel, Warner and
Mayer, 2016). In case they found any type of misconduct then authority having power to
imposed penalties as equal to mentioned under law. Stages of law making procedure are as
aligned below-

Draft of bill- Before final decision of law making government or other public bodies are
responsible to prepare draft of bill and then it go through set of stages to receive approval of
Royal assent and then it became act of Parliament (Dickerson, 2010).
Passed to parliament- After the process of drafting of bills, the Government send the
same to Parliament for approval. If such document is able to receive Royal assent, then it
becomes law.
Amendments- The appropriate list of changes or amendments has been prepared by
members which is discussed during committee. This stage of law making is considered as third
reading stage. These amendments can be discussed by legal authorities. It is considered as some
changes which can be
Effective common and statutory are helpful in providing justice process. Preceding ruling
by public bodies or judges is able to develop common law. It is based on judgement which
passed numbers of years before (Cameron, 2017). Furthermore, it is also called as case law. In
this process judgement has been passed to become new rules and regulation in situation where no
statutes. On the other hand, statutory laws are considered as written laws which are passed by
government of UK and other legal authorities. New policies and procedure has been issued in
order to meet effective needs of people. Through which to resolve their resolve their problem and
try to meet with existing laws.
Common and statutory law are different from each other. As common law is mainly
depending on precedent. It helps judges in taking effective decision regarding current cases on
the basis of ruling of prior cases with relevant situation (Siedel and Haapio, 2010). Further,
statutory law is considered as formal legal body which includes written legislation which is
based of effective rules, policies and regulation. As it is helpful for maintaining behaviour of
general public.
TASK 2
P3 (A). Employer's obligation on legal proceeding.
Health and safety.
On the basis of Health and safety Act 1996, employers of firms are responsible to provide
safe and secure working environment to their subordinates for the purpose of maintain their

performance and work quality as well. They also must ensure that anyone who working in
premises, must satisfy with working environment. If workers working on hazardous machine,
they employers are bound to provide safety equipment to them in order to save their life and
maintain their performance as well. They need to conduct training session for their subordinates
for improve their skill, knowledge and experience. In which provide proper guidance to them
regarding use of hazardous machine in order to avoid various types of accidents.
Compensation of employees.
The amount of compensation has been offered by employers to their subordinates as
insurance which is other than salary or remuneration (Bagley, 2010). Also offered salary
replacements as well as medical benefits to workers who become injured during course of
employment at working premises. It is compulsory payment made by employer to satisfy their
exiting members. It is rights of workers to sue their employers for tort of negligence in order to
receive amount of compensation. United Kingdom is the first country who increase workmen's
insurance scheme from year 1897 to year 1946. After such decision it become act which is
popularly known as the Workmen's Compensation Act 1897. Certain rules and regulation
mentioned under this act which have to follow by all business organization for maintain smooth
functioning. This act consists various rights of employees to provide amount of compensation to
them and prevent them from personal injury.
As per Employer's Liability Act 1880, there is certain rights to employer has been
mentioned under this act and put burden of proof on workers. After that employees are
responsible to prove that they got injured during course of employment and available employer is
liable for the same.
Harassment.
Exploitation of human rights or interest is called as harassment. It is situation in which
person feels offended due to bullying by any other person. According to the Equality Act 2010,
harassment is considered as unlawful act (Bodie, Kane and Marcus, 2014). There are some
examples of bullying are as aligned below-
 Unfair of wrongful treatment with employees.
 Spreading malicious or wrongful rumours about particular person which is able
to reduce performance or work quality of him.

 Denying with conduct training session as well as opportunities of promotion.
 Continuously pressurise them through imposed burden of work, higher than
maximum level.
It can be done by face to face, letter, phone or any other person. So that, in order to reduce such
wrongful act, employers are responsible to prevent them from harassment. As they need to
follow anti bulling rules, regulation and policies at work premises for boost up confidence of
employees and maintain their effective performance as well.
Equal opportunities.
It is the rights of employees to be treated equally without discrimination specially on the
basis of sex, race, religious, age and place of birth. According to Equality Act 2010, no employer
can discriminate among employees on the basis of certain situation. They have to follow equal
pay for equal work (Posner, 2014). Judge workers on the basis of their skills and qualification
and made payment accordingly. If employer not able to maintain such acts in working place,
then employee having right to lodge their complaints in courts for the purpose of receive amount
of compensation also maintain their performance. Employers must ensure that no person at
premises not victimised as well as not unfavourably treated by any other person.
On the basis of Equal Opportunities Act 2010, employers are responsible to maintain
equal opportunity policy and follow entire rules and regulation. Instruct all workers that unlawful
treatment with any person is not able to tolerated in premises. Provide some effective examples
of unlawful behaviours which are not able to accept by company. With the help of comply with
law, employers try to reduce discrimination as well as harassment. Provide proper protection of
employees from conduct of victimised (DiMatteo, 2010). Take open session from worker in
order to listen their complaints against any person and try to educate their staff members as well.
If they found some unlawful procedure, then they are responsible to take effective decision
which are helpful for entire country.
P3 (B). Impact of contract and employment law on existence of business organizations.
As per the Employment Act 2008, firm are responsible to offer proper working
environment to their employee in order to protect their rights and maintain their effective
performance as well. For this purpose, opted some plans and strategies and try to implement
them as per the requirement of company for maintain smooth functioning. Provide remuneration

or salary which are offered to them at the time of recruitment of employees. Take appropriate
tools and methods in order to satisfy needs of their employees. Employers have to follow rules
and regulation which are imposed on them which are enacted by acts of parliament.
According to contract law companies are bound to form legal agreement which their
employees at the time of their recruitment (Crane and Matten, 2016). They are able to fulfil
terms and condition which are mentioned under law. It is important term of contract that both
parties need to be agree same thing in same sense.
According to given case, there is 16 years old girl who employed in fast food making
firm which is owned by employers. In that organization team leader is responsible to health and
safety in order to attract large number of employees in effective way. Girl worked on cook fries
at deep frying container which consists hot oil at temperature of 360 degrees. Suddenly, while
working she slipped into water as leaking from ice making machine and her left hand went into
hot container. Due to this accident, she sustained with sever burn and not able to work in any
premises for long time (Foss and Knudsen, 2013). As per Health and Safety Act 1996, in the
given case team leader is responsible to maintain proper cleaning at working area in order to
avoid such type of accidents but he failed to do so. So that, girl having rights to lodge complaints
against employer for receive amount of compensation and protect their interest as well. For this
purpose, she has to proof some points which are as aligned below-
Duty of care- According to provisions of tort of negligence in contract law, plaintiff
needs to proof in front of court that defendant is responsible to fulfil legal duty which are
imposed on them.
According to given scenario, team leader is responsible to fulfil duty of care of maintain
health and safety in working premises.
Breach of duty of care- Also plaintiff needs to proof in a court that another person is not
comply with legal duty and breach the same as well.
In the present scenario, team leader not comply with legal duty of care which is imposed
on him. He has to clear water which is leaking from ice making machine.
Damage- Due to breach of legal duty if damages caused to any employees, then he is
able to lodge complaint against employer receive amount of compensation as well.

In present case, due to negligence of team leader, 16 years old girl sustained with severe
burns and she not able to work for long time (Law, 2010). As according to Health and safety Act
1996, employers are responsible to provide amount of compensation to their employees equal to
damages caused to them.
Remoteness- Damages which are caused to worker are not able to control. Same in
present case scenario, severe burn caused to girl which is uncontrollable.
TASK 3
P4. Some appropriate solution for legal conflicts.
(1).
According to rules and regulation of Trade union and labour relation act 1992, members
of company needs to ensures that maintain effective relationship among both employer as well as
workers. No firm can conduct unfair dismissal with their employees on the basis of doubt only.
According to unfair dismissal as well as wrongful dismissal protection, employees having right
to receive advance salary or advance notice (Snyder and Deaux, 2012). This rule has been
mentioned under law.
As per given scenario, Calvin is the person who is ultimate designer under large fashion
house from last 4 years. No employer can dismiss him without legal proceeding as he working
from long time. One day, his employer name called Donna arrived at office on Monday. After
she checked her petty cash box and realize that her 100 pounds are missing and theft the same by
Calvin but she not having any proof against him. After that she dismissed him without providing
notice or advance salary. In that case, Calvin having certain rights which are as aligned below-
 Rights to receive advance salary- Employer are not able to dismiss
employees on the basis of doubt only. If it is required in the interest of entire
company, then employer can do so but after providing at least one-month
advance salary.
 Receive notice- No employer can conduct unfair dismissal with their
employees on the basis of doubt only without obtaining appropriate evidence
against him. It should be present in written form, in which employer imposed
stamp over it.

Some responsibilities of employer are also imposed on them according to provision of law which
are as aligned below-
Obtain evidence- In order to dismiss employees, for misconduct employers needs to
obtain evidence against worker (Fenwick, Van Uytsel and Wrbka, 2014). Through which they
needs to prove wrongful act of him.
Provide advance salary- As per the given scenario, Donna have to provide advance
salary to Calvin in order to maintain his performance and comply with law as well.
Apologise – Donna should send a letter of apology to Calvin because she insulted him in-
front of his colleges. She made wrong allegation on him without doing a proper investigation.
Give job back – Donna should call Calvin and select him for the same post where he was
working from a long time. She can also increase his salary which can solve the whole matter in
short period of time.
(2).
Persons having right to secured their asset by submit some particular amount of money in
insurance company. When same assent got destroy due to any reason they can receive such
amount of money as insurance claim up-to the amount maximum of damage or balance submit
by insurance company. Person who secured assets is called in insuree and to whom they secured
assets called as insurer (Kitagawa, 2016). If company deny with this activity, then person having
right to file case against company and receive amount of claim as well.
As per the given scenario, Dan is father of Kevin who owned small store which is destroy
by fire. He eventually open new store at another place and applies for fire insurance claim. On
the basis of such proposal company wants to know that Dan receive amount of claim 2 years
before. But he forgets the time of previous claim and deny with statement. For this purpose
insure needs to prepare proof and send the same to company in order to receive amount
insurance claim. In that case, Dan is able to file case against company and receive amount of
compensation as well.
P5. Justification for legal solution.
Law consists different types of legal proceeding which are helpful for people to protect
their interest. It provides appropriate solution to them. In first case, Calvin is act as designer in

firm from last 4 years. So that, his employer name called Donna not able to dismiss him of the
basis of doubt only that he theft her 100 pound from petty cash box. According to law person
having right to file case against his employer and receive amount of one-month salary or notice.
On the other hand, in second case, Dan is able to receive amount of insurance claim and if in
case company failed to do then lodge complaints against firm.
Donna committed a blunder, she did not investigate the whole matter and fired Calvin. If
Calvin will knock the door of court than he can easily win this case. But this whole process will
take lot of time and money which both parties do not have. If Donna call him back than complete
dispute can get solve in one shot. It will be beneficial for both of them because if Donna lose the
case than she has to pay huge amount in terms of fine. She can avoid this problem by solving
matter out of the court. In reality, Calvin also do not have resources to fight the case for a long
time. If Donna offer him his job back than he can go back to his normal life.
TASK 4
P6 (A). Concept of ADR and its benefits.
When courts become overburdened with number of cases so that in order to reduce such
conflict, public body introduce new concept of resolve matter of parties which is called as
Alternative Dispute Resolution. Through this legal procedure parties can easily resolve their
matter in timely manner. People can lodge their complaints for receive appropriate solution. This
process is attracting parties then number of courts. People not able to lodge same complaints
among same parties in courts and ADR at same time (Weber, 2010). But in case they are not
satisfy with the solution of ADR then they can do so or vice versa.
Ombudsman- It is also public body which is engaged in resolving matter of parties. In
one person act as legal authority and responsible to protect interest or rights of people. Fair
justice has been provided by them in appropriate time period.
Negotiation- With the help of this method parties can resolve their conflicts which
among them and receive level of satisfaction. For avoid argument, compromise by parties is
reach to reduce conflicts.

Conciliation- It is also a important part of ADR. In which one person is responsible for
entire activity of matter resolving which is known as conciliator. He provides opportunity of
being hear to both parties. After that resolve matter with the help of settlement agreement.
Arbitration- This legal body is also incorporated by courts in order to resolve matter of
parties and try to satisfy needs to people as well. In this process, one person responsible to
resolve conflicts which is called as Arbitrator. He is responsible to listen problems of both parties
and provide solution in form of arbitral award (Robson, 2010). It can be binding parties to follow
such decision.
There are some of benefits of ADR which are as follows-
Fair justice- Effective legal system is able to provide fair justice to people. It is able to
satisfy parties through their effective decisions (What Is Business Law? - Definition & Overview.
2017).
Cheap price required- The legal system of ADR is required less amount then process of
courts.
Easily resolve matter- The process of court is become complex then legal process of
ADR. Through public authorities are able to easily resolve matter of parties.
P6 (B). Recommendations.
The effective legal process of UK is more complicated then legal process of USA
country. Members of such country is able to protect rights of parties and maintain their
performance as well.
As per the given scenario, Antwon hold huge investment in company which is owned by
Tyrell. Such company engaged in business of making software. After sometime, there is conflicts
created among these two parties which is not beneficial for both of them. Furthermore, they want
to resolve matter in effective manner. Both parties can lodge their complaints ADR in order to
resolve their matter which is best option for them and it consume less amount in comparison to
various types of courts.
CONCLUSION
From the above report concluded that business law consists some rules and procedure
which are able to governing every running business. Members of companies are responsible

comply with laws. In order to decrease number of cases, courts introduce alternative procedure to
provide proper satisfaction to people which is known as ADR.