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Assignment on Business Law Module

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Added on  2020-12-29

Assignment on Business Law Module

   Added on 2020-12-29

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Business Law Module Commercial Disputes- Alternative Dispute Resolution (ADR) (Lecture 11) BBA (Special) Honours Degree Sri Lanka Institute Of Information & Technology (SLIIT) 12-Sep-20 1
Assignment on Business Law Module_1
Course OutlineThe Legal System and the Legal Environment of Business Business Ethics and Corporate Governance Laws associated with different Organizational Structures Sole Proprietorship & Partnership Business Law relating to Companies Contract Law – Part A-Definition and Contract Types Contract Law-Part B Contract for Sale of Goods Employment Law-Part A Agency and Employment Law-Part B Intellectual Property Law Commercial Disputes-Alternative Disputes Resolutions-ADR Introduction to Negligence in Business 12-Sep-20 2
Assignment on Business Law Module_2
QUESTION •What are the different methods of Alternate Dispute Resolution (ADR)? -Introduction to or explanation of methods of ADR (2 marks) -Identification of Conciliation, Mediation, Arbitration, Ombudsmen Schemes (at least 3 methods –1 method carry 1 mark-total 3 marks)
Assignment on Business Law Module_3
Alternative Dispute Resolution (ADR) •Arbitration •Mediation •Conciliation •Ombudsmen Schemes Alternative Dispute Resolution processes, often referred to as "ADR" are dispute resolution processes that are alternatives to litigation and which provide for the resolution of disputes outside of courts of law.
Assignment on Business Law Module_4
Perils of Litigation •There is a pervading disappointment over the court system/litigation for several reasons. Long delays in the court system notwithstanding the saying that ‘Justice delayed is justice denied’. Litigation is also costly especially the fees payable to lawyers. It is said that the real winners in litigation are only lawyers who appear for both sides! The English adversarial method that is followed in Sri Lanka is also not the best suited to the commercial world.
Assignment on Business Law Module_5
•Litigation is a process where opposing parties to a dispute (the disputants) assume positions to enforce or defend a legal right in a court of law presided over by a judge who gives a verdict on the rights and liabilities of the disputants.
Assignment on Business Law Module_6
Introduction to ADR •Generally businessmen know the perils and uncertainty of litigation and will do to their best to avoid resorting to judicial process to resolves their disputes. •ADR is settlement oriented. ADR methods & procedures (arbitration, mediation, conciliation, ombudsmen schemes) are looked upon more favorably and also helps facilitate trade and business.
Assignment on Business Law Module_7
ADR in Sri Lanka •In Sri Lanka, the two ADR mechanisms which are recognized by law are Arbitration and Mediation. Arbitration is used largely for the resolution of commercial disputes and is governed by the Arbitration Act, No. 11 of 1995. There are Centers that have been established, which facilitate the conduct of arbitrations in compliance with the rules of those centers.
Assignment on Business Law Module_8

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