ADR vs Court: A Comparative Analysis

This assignment delves into the differences between resolving disputes through the court system and Alternate Dispute Resolution (ADR). It highlights key benefits of ADR such as fair justice, quicker resolution, no need for physical appearances, and lower costs. The assignment also discusses how these methods are used in the UK legal system with a focus on employment law using the Unfair Dismissal Act 1977.

BUSINESS LAW

INTRODUCTION
Business law is the legal term which has been stands for commercial law. It is useful for
companies while incorporation, liquidation and winding up of organization. Business law can
guide person who start firm whether it is private or public. In each case they are bound to fulfil
rules and regulation which are mentioned under law. It governs businesses to deal with civil as
well as criminal cases. Such law consists contract, torts, protection of consumers, employment
issues and much more (Deakin, 2011). Members of entities are responsible to follow basic
principles of business law in their everyday business or legal activities. Government of UK play
significant role in reducing harassment and inequalities from every company. In present report,
discussed about different sources of law which are helpful for parties to resolve their dispute
whether related to civil or criminal cases. Also report is must focused on appropriate legal
solution for several types of business problems. Also it consists information about Alternate
Dispute Resolution which is the legal body introduced by courts for the purpose of reduce
burden of cases.
TASK 1
P1.
Several types of cases are dealt with in specific courts. Such as criminal cases need to be solve
by criminal courts and civil cases by civil courts. Large number of cases are entertaining by
crown courts which are serious and important in nature. In case crown courts fails to solve the
matter of parties. After that parties having rights to appeal in high court as well as potentially file
court of appeal in supreme court. Civil cases are entertaining by magistrates. Initially parties
have to file their case in county courts. But against it can be file in high court then to supreme
court. With the help of this procedure parties are easily resolve their matter within stipulated time
period and receive fair justice as well. The tribunals system has its own systematic structure in
order to deal with different cases. It covers all types of disputes of parties and responsible to
provide best possible solution for the same (Mason and Stephenson, 2015).
Legal rules and regulations are defined by several sources of law. Members of legal
authorities are responsible to use their collective efforts in order to comply with policies of law.
there are different sources of law are as aligned below-
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Constitution- Entire rules as well as policies are mentioned under constitution. It is the
presented in unwritten form in country United Kingdom. It should control or maintain
performance of individuals and companies (What Is Business Law? - Definition & Overview.
2017). It is divided into several articles which are followed by various amendments which needs
to be presented for conduct new changes in law. Articles has been covers the effective
relationship among states as well as federal government. It can distribute duties and
responsibilities between legal authorities on their basis of their powers. Constitution is the
significant sources of law because it allocates powers among several members of government of
UK.
Legislature- United Kingdom or each other states having its own legislature. It consists federal
legislature which is effective source of law and able to enacts statutory law. It is the legal body
which is resulting from statutes (Murray, 2014). Also it refers to the legislation. This the legal
term which define several policies and procedure in order to protect existing laws mentioned by
legal authorities.
Executives- President is the higher officer of federal executive branch. Constitution
derives his powers from articles which are mentioned as source of law. He is responsible to pass
bills with the help of federal legislature as well as needs to issue executive orders. Treaties is the
legal term which is framed by him.
Judiciaries- This is the legal term which is considered as courts. In which person who resolve
matter of parties called as judge. They are responsible to provide final judgement to parties who
wants to resolve their dispute which is created among them. Final decision which is provided by
them is known as award. There are different types of courts which are entertain matter of people
as per their powers or jurisdiction (Yosifon, 2013).
Treaties- It has been considered as legal agreement which is framed by two or more states
or countries. President is the person who having authority in order to make treaties. Each country
selects one person as representative who present entire country and sign legal document which is
prepared by them. Different terms and conditions mentioned under written document through
mutual consent of representative of each state. As they are bound to fulfil duties or
responsibilities which are imposed on them.
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P2.
Government of UK play core function in law making system. As different duties and powers are
imposed on them which they are bound to fulfil within specified time period. Such duties should
monitor several actions of legal authorities. They have to perform legislative functions which can
control activities or performance of members. Law making is the systematic procedure which
consists effective role of legal authorities. Initially government of UK prepare draft of bill and
present the same in front of parliament for the purpose of receive royal consent. In case
parliament neither accept nor reject draft of bills then it should be considered as rejected after
stipulated time period. But if it provides royal consent on such bill then such draft become law. If
it requires some necessary changes then after making required amendments legal authorities are
responsible to implement law in entire country. Courts can resolve matter of parties on the basis
of such laws which are vary with every specific condition or situation of people. Decision of
court should be based these laws (Jones and Lainez, 2013). Royal consent over laws becomes
priema facie evidence for them to present legal rules and procedure. Various plans and strategies
framed legal authorities in order to fulfil their target and objectives.
Common and statutory laws are two basic of different terms. Common law has been considered
as previously discussed cases. These laws used while courts resolve matter of parties and provide
best possible solutions to them. On the other side, statutory laws are considered as written laws.
When judges decide cases then they are responsible to take a view of such laws and provide final
judgement accordingly. As they are bound to discuss specific reason for the same try to manage
performance of parties as well (Bartlett, Rhode and Grossman, 2016).
TASK 2
P3 (A)
Health and safety.
Employers are bound to take reasonable steps for the purpose of ensure policies related to
health, safety as well as welfare of their workers at work place. This is the significant duty of
employer to comply with rules as imposed on them. Health and Safety Act 1996 is the act which
define specific duties of employers for the purpose of provide safe and secure working
environment to employees. In case employers are failed to comply with law then workers having
right to case against them in magistrates’ court. In case justice not provided to them they are file
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appeal in crown court. In case employers are fails to ensures several work place safety practices
then employee is able to sue them for personal injury. But there are various legal responsibilities
imposed on both employer and employee. As owner of this firm is held liable for the take
reasonable steps for the purpose of ensures health and safety of persons who are working as part
of the firm. Duties include providing safe and secure plant and machinery, conduct training
session for them for the purpose of enhance their skills, knowledge and experience. Provide
special care to disabled and illiterate employees (Roe, 2013).
Compensation.
Compensation is the term which is majorly used at work place. It can include monetary as
well as non-monetary aspects. It is included in salary or in additional benefits. It is needs to
provide by employers to their employees for the purpose of motivate them in effective manner. If
they are failed to comply with laws and due to their negligence major injury caused to workers.
In that case they are responsible pay additional amount which is called as compensation. It
should be paid by companies to employees equal to damages caused to them or amount
mentioned under law. Also it should improve ability of members of firm which is helpful for
increase work efficiency and skills (Hung and Law, 2011). It has been considered as additional
amount which is provided to them. Compensation has been governed by large number of local,
state or federal tax as well as employment laws. As members of companies are responsible to
follow rules, regulation and policies which are consists under law.
Harassment.
Offensive nature and behaviour of person has been considered as harassment. It is
commonly used to disturb other person (How to Prevent Harassment in the Workplace. 2017).
Workplace harassment is able to threat members of companies. It can reduce capabilities and
work quality of employees who are working in organization. Protection from Harassment Act
1997, it defines critical situation of employees. The main aim of this act is to reduce rate of crime
from firm and maintain effective role of employer.
Equal opportunities.
Discrimination reduce trust of employees also it is not beneficial for companies as well.
Employers are not able to discriminate among workers. It is not possible on the basis of sex,
race, place of birth and much more. But it should to possible in case work which is restrict for
female employee and higher salary provided to male then female worker on the basis of
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education and experience. Equality Act 2010, is helpful for employees. The main objective of
such act is to secure rights and interest of employees. They have to conduct training session for
all for the purpose of enhance skills and knowledge of them (Michalos, 2017).
P3 (B)
Employer is the person who hold ultimate control over the activities of firm. They are
responsible to comply with rules of law. According to rule of Contract of Employment Act
1963, it has been clear that there are different duties and responsible to mentioned under law
which are necessary to follow in order to protect interest of parties. Company needs to conduct
training session for members of firm in order to maintain their performance and enhance skills
and knowledge of them. Companies are responsible to come in legal agreement with employees
at the time of their recruitment. They frame written agreement each other and mentioned several
terms or conditions. Firm should provide amount of salary equal to amount specified under
written document. The purpose of contract needs to enforceable by law (Sprague and Wells,
2012).
The present case is based in employee who is 16 years old and working in fast food making
firm. One day she engaged in working on deep frying range. During working she slipped into
water and her left hand went into hot oil at temperature of 360 degrees. She sustained with severe
burns and no longer able to work in premises. In that case team leader is responsible to monitor
the safety practices. Instead of performing his duty he was working on tills. He fails to comply
with law and due to his negligence serious injury caused to employee. For the same purpose firm
is responsible to pay amount equal to damages caused to her or amount specified under law. But
in order to receive compensation amount 16 years old have to proof some points such as duty of
care which is imposed on team leader in present case. Breach of duty of care in present case
employers if failed to comply with law. Due to non-comply with rules damages caused to
employee for which they are responsible to pay amount of compensation equal to damages
caused to them (Trompenaars and Hampden-Turner, 2011). Damages which are caused to
worker are not able to control by any person. These certain things need to be prove under court.
TASK 3
P4.
(1)
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Business law is able to provide best possible legal solutions to several types of business
problems. It consists various rules and policies which are resolve matter of parties. Organizations
are needs to maintain better relationship with the members who are working in firm and use their
collective efforts to comply with law (Perry and Stone, 2011). In present case, Calvin is the
person who act as designer in large fashion firm from last approx. 4 years. Donna is the person
who act as employers of same fashion firm. On Monday morning she arrived in premises and
realize that her 100 pounds are missing and dismiss Calvin on the basis of doubt only. she
dismisses employees without providing any previous notice or salary. Such act of employers has
been considered as wrongful act.
As per the rule of Unfair Dismissal Act 1977, employers are not able to dismiss workers
without provide advance notice or salary. So that, act done by Donna is wrongful act which is
not enforceable by law. In that case, Calvin having right to file case against employer for receive
amount of compensation (Werbach and Hunter, 2012).
(2)
Person who hold property can submit some amount to legal authorities on regular basis in
order to secure their assets. In case assets got destroy and damages caused to property then
owners may receive amount for repair the same. This process called as insurance. In present case
Kelvin owns small store which destroy due to fire. After fire he file case for insurance claim and
immediately open new store at another place. Members of insurance company asked them that
Kelvin received any insurance claim from last 2 years. Due to confusion he denies with the fact
but in real case they receive claim from around 23 months ago. For the same reason company not
provide claim. But as per the rule of law there is no time limit for receive compensation. so that,
person can receive amount of claim with equal to destroy of small store. There are the significant
solutions for several business problems (Ruggie, 2014).
P5.
Every business problem can resolve with the help of business law. Government of UK play
significant role in problem resolving matter. Basic problems can be resolve by legal authorities.
In first case Calvin receive amount equal to one-month advance salary or notice period. On the
other side Kelvin is responsible to receive insurance amount equal to damages caused to person.
Unfair Dismissal Act 1977, is able to secure rights and interest of people and provide best
possible to solution to employees (Willey and Burke, 2011). When wrongful act conduct by
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firms then workers are able to file case against organization and receive amount of
compensation. On the other side, there is no time specified for receive insurance amount. Person
can receive such amount with in stipulated time period. As they have to fulfil several rules,
regulation and policies which are imposed on them.
TASK 4
P6. (A)
For the purpose of reduce burden of cases, court introduce new legal system which is
known as Alternate Dispute Resolution. It is useful to settle matter of parties who wants to file
their case in in court in order to receive best possible solution for the same. As they are bound to
fulfil basis rules and procedure as mentioned under law. ADR has been considered as legal body
which is responsible to resolve matter of parties. It offers fair and fast justice to people.
Furthermore, parties who wants to receive best possible solution, fair and fast justice then they
have to lodge their complaints in ADR. The purpose as well as role of courts and ADR is same.
Time and justice are able to differentiate among them. This is helpful tool for legal authorities
which is able to reduce burden of cases from courts. There are different types of ADR concept
introduce by government for the purpose of provide best possible solution for them. Several
concept has been considered as follows-
Arbitration- It is the legal body which play significant role in problem resolving matter
of parties. In which third party have to use all skills and knowledge and provide best possible
advice to people. Third person is called as arbitrator. Person should be select or recruit by legal
authorities on the basis of this skills, experience, knowledge in related field and so on. Firstly,
arbitrator provide opportunities of being here to parties (Stout, 2013). After that take final
decision in written form which is known as arbitral award. It is final judgement which is needs to
be follow by parties. One parties considered as guilty and another one innocent.
Conciliation- In such legal proceeding third person is responsible to entertain matter and
resolve their problems as well. Such third person called as conciliator. In which one of the party
needs to be compromise their interest. Final decision should be providing in the form of
settlement agreement. In which both parties frame legal agreement and signed the same as well.
This is the effective way resolve dispute and maintain performance as well (Budzinski, 2012).
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Ombudsman- It is the legal body which is responsible to provide fair, cheap and timely
justice to parties. He is person who is responsible to resolve dispute on basis of his skills and try
to comply with rules ore regulation which are imposed on them. They are responsible to satisfy
needs of people in order to maintain their trust.
Negotiation- In this legal process one of the both parties need to negotiate their rights and
interest for secure rights of another person. Compromise play significant role in this legal
procedure (Kaplan, Weisberg and Binder, 2014).
ADR is beneficial for the entire country which can easily resolve matter of parties in
effective manner. Certain benefits of this concept is as follows-
Fair justice- Members who perform functions in ADR are responsible to offer fair justice
to people and secure their rights and interest.
Time consuming process- ADR provide easily resolve dispute. It is the fastest matter
resolving process.
No appearance in court- While parties lodge their complaints in courts, then they are
responsible to appear in court after stipulated time period. But no need to appear in ADR
concept.
Cheap cost required- Courts required high amount of cost which is sometimes not
affordable for large number of people. So that due to this reason it can attain huge number of
people and able to build trust among them.
P6. (B)
The effective legal system of United Kingdom is better than other countries. As they
follow various rules, regulation and policies which are imposed on them and framed under law.
Members of legal proceeding are responsible to perform ethically and maintain performance in
effective manner. The main focus of this act is resolve matter of people and provide best possible
justice to them. Business law consists different recommendation for such concept. Same case
between same parties not able to lodge under court and ADR at same time. Because these two
concepts are different from each other (Kaplan, Weisberg and Binder, 2014). So that, same case
is not able to discuss by them among same parties. But in case, complaints shall be lodged in
court and it provide final judgement but parties are not satisfying with the decision then they can
do so or vice versa. They offer best possible to advice to people and try to meet their satisfaction
level.
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In present case, Antwon as well as Tyrell are two people who worked in same premises.
Due to some reason dispute has been created among them which is not beneficial for the success
of them. Due to such dispute they are not able to safe their rights and perform in effective
manner. In that case, ADR best suitable for them for resolve their dispute. Thus, they can lodge
their matter in ADR and receive best possible solution for the same (Kaplan, Weisberg and
Binder, 2014).
CONCLUSION
Through the present report, it is depicted that members of English legal system are
responsible to follow systematic structure. From the above report it is clear that Alternate
Dispute Resolution is the basic concept and it is helpful for entire country to provide fair and
cheap justice. Unfair Dismissal Act 1977, shows that no employer can cancel employment of
workers without any justified reason. If it is necessary for the interest of entire organization, then
employer should provide notice with specified reason or advance one-month salary. In which
discussed about equality which needs to be maintain at workplace. It consists different sources of
law which are used by entire country.
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