Business Dispute Resolution Strategies

This assignment analyzes the various strategies businesses can employ to resolve conflicts. It delves into the advantages and disadvantages of both legal solutions (court proceedings) and alternative solutions like negotiation, arbitration, and mediation. The focus is on how these methods can help maintain healthy business relationships while efficiently resolving disputes.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................1
SECTION 1......................................................................................................................................1
P1. Structure of English legal system and various sources of law.........................................1
P2. Role of government in making law and application of statutory and common law.........3
Section 2...........................................................................................................................................4
P3............................................................................................................................................4
(a) Employer's legal obligations.............................................................................................4
(b) Impact of employment and contract law on business......................................................5
Section 3...........................................................................................................................................6
P4 Legal solutions for business problem................................................................................6
P5 Justifications of solutions..................................................................................................7
Section 4...........................................................................................................................................7
(a) Concept and benefits of using alternative dispute resolution process..............................7
(b) Alternative legal solutions to the business problem.........................................................8
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Business law is a mix of different rules, regulations and laws which help in solving
critical disputes and at the same time, assist in smooth running of business activities. Various
federal and state rules are covered under this (What Is Business Law? - Definition & Overview,
2017). For every business firm, it has become necessary or essential to follow all these laws of
country in which they are operating. With the help of these regulations, enterprises can avoid the
situation of conflicts. These rules assist the employer in providing all rights and duties to an
employee working in organisation. Present report contains relevant information related with law
and the way it assists business firms taking legal actions is also described here. Structure of
English legal system and different sources of law are detailed in this report along with the way in
which various contract and employment laws affect the activities of a business and employer's
legal obligations towards employees are also studied.
SECTION 1
P1. English legal system with its structure and various sources of law
English legal system of UK is separated into different parts describing various regulations
for effectively executing the business activities. Mainly, this structure is divided into two parts
which includes the following: Civil Law: This system consists of different regulations which guide individuals in
solving critical issues at fast speed. Different rules are arrange in various codes in this.
This system assists individuals in solving critical disputes like if an employer terminates
a worker without given notice of one month then in this, employee can take the help of
civil act for solving this case.
 Criminal law: When an individual harm other person intentionally than this type of
issues are solved under this concept (Johnson, 2013). This is used for solving the cases
like murder or when one person assesses some relevant documents or information of
other individual without acquiring his/her approval.
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Source 1: Structure of the English Court System, 2017
Sources of law Constitution: Written document which contain various regulations and rules and describe
about the important duties and basic rights of citizens. This is made by the government of
every country for making people aware about their rights and duties and at the same time,
it protects their interests (English Legal System Lecture Notes, 2017). Individuals can sue
against another person in the court who violates his or her right. Legislature: It is a government body who focus to maintain the current status of law in
country. Every firm is liable to follow these regulations. Executives: In this, new rules and regulations are passed with the approval of president
and every citizen of that country becomes liable to follow the new regulations. A
proposal does not convert into an act without the signature or approval of president. Judiciaries: Top legal bodies come under this, courts which have authority to take
decisions to solve critical issues. In this, judiciary panel listens to both the parties
involved in dispute and then take fair and right decision (Robson, 2010). This includes:
Common law: In this, top legal authorities take decisions on the past judgements made by court.
Case law: In this, previous judgements assist legal firms in taking ethical issues.
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P2. Government's role in making law and application of common and statutory law
Government of every country plays an essential role is making or giving shape to various
legal rules for solving the critical issues. In the stage of formulating acts, parliament and
government both play an important role for safeguarding the interests of various individuals. All
these rules guide in the development of nation and help in minimise situations of conflicts
(Halbert and Ingulli, 2011). Steps which should be followed by the government of country for
implementation of laws and regulations:
 At first, a proposal is made by the legal authorities including all required points for
controlling or handling negative situations and at the same time, for minimising their
effects on business activities.
 Secondly, proposal is presented in front of top government and cabinet ministers for
getting their suggestions on that proposal.
 After that, if proposal get approval of cabinet minister then that proposal is converted into
a legal bill that contains important and relevant sections or provisions to decrease the
effect of negative situation.
 Lastly, Bill is given in front of members of the parliament house for getting their advice
and consent and then, it gets converted into an act. For the approval, various efforts are
made by the government so that effect of negative situation can be minimised or
effectively handled.
For presenting the bill in front of Members of Parliament house, top authorities are liable
to follow these stages:
 At first, written document is given to all them to make them understand the main
objective behind new rules and regulations.
 After that, government is liable to solve or handle all queries of members to get
maximum votes in the favour of bill (Weber, 2010). There are many votes in the favour
of proposal that help in converting it into an act for solving various critical issues.
 At last, arguments among various members of parliament take place for passing the act.
Some members speak in the favour of bill while some of them made argument against it.
After the discussion, all members come to final decision with majority of votes and than bill is
converted into an act.
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Required changes are also done in the act for making it more effective and after that, a
committee is formed having 20 MPs to take essential decisions. After all, final decision is sent to
the Monarch for getting their assent and to convert a bill into a legal authorised document.
Section 2
P3
(a) Legal obligations of employer
Employer is the job provider in an organisation whose main responsibility is to hire
qualified candidates for performing various jobs in the enterprise. Legal obligations of an
employer in relation with other areas is discussed in points stated below: Occupational Health and safety act: As per this law, it is responsibility of every
employer to offer healthy and safe working condition to all his employees. As healthy
work conditions increase productivity and morale of workers(Cheeseman and Garvey,
2014). Safe working environment all basic resources for fulfilment of task should be
provided by an employer to all his employees. Training should be given by the employer
for make workers able to learn about new methods or techniques of doing work with
efficiency. Workers compensation: Every employer is responsible to offer minimum wage to all his
employees so that they can fulfil basic needs of life. According to the minimum wage act,
every year government decide the amount of minimum wage according to the inflation
rate exist inn the markets and employer of every enterprise is responsible to give that
amount to his every employee. If an worker get injury during their working hours that it
comes under the responsibility of an employer to compensate him under the next 24
hours. In various cases employer also provide accommodation to their employees. Harassment: It comes under the responsibility of every employer to treat and compensate
all workers in ethically or fair manner (Kitagawa, 2016). Employers who treat his
workers in an unethical manner which affect the physical or mental heath of people is
come under the category of harassment. According to various rules of government
harassment of workers is totally banned as it negatively affect the productivity of
workers. In this case feedback of employees should be encouraged so that they can
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openly tell about the issues or problems faced by them and can give their suggestions for
making the working environment better.
 Equal opportunities: According to the equal opportunity act 2010, it is a right of every
employee to get equal opportunities for growth in the enterprise (Grundfest, 2010).
Every employer is responsible to provide equal opportunities to all workers or he should
not discriminate workers on the basis of gender, age colour or culture. Favouritism of
employees create negative working environment in the enterprise and decrease the
performance of all employees.
(b) Impact of contract law and employment law on business
Both employment and contract law consists various regulations which guide or help in
increasing the efficiency of business activities. Every firm is responsible to follow these rules
while deciding the future activities of business or while solving the critical issues or disputes. In
absence of following these rules it give rise to the legal penalty for the business firm. Various
laws of employment laws help or assist employer of firm in creating good working conditions for
various workers and compensate them in an ethical manner (Kinicki and Kreitner, 2012). This
guide employer in treat all workers in fair manner and serve them with an equal opportunity of
growth. Standard or ethical process of recruitment or termination of workers is also described
under various laws of employment. Before the termination of an subordinate proper warning
should be given by the employer to employee and training should also given to them so that they
can improve their performance.
As per the case study 16 year old girl which was working in a food outlet get felt in the
slippery floor and than her hand goes in the deep fry and girl got injure. In this situation first
question which rise is that working of an 16 year old girl which is illegal as per the employment
act and during the event the team leader was busy in doing his work. These type of accidents can
be avoided in the workplace by properly monitoring the activities of workers. In this case as little
girl was unaware about the happening of these king of events so in this case it was the
responsibility of employer to make the little girl aware about all the events which could take
place in the firm. In case of proper monitoring or attention by the management number of
accidents can bee minimised.
Contract law: Contract is a written document, when an employer select an individual for
filling the vacancy in the firm than a contract sign by both the parties which contains all duties
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and rights of both parties. It helps in maintaining healthy business relations between both the
parties. All risky working conditions and terms of employee's working should be included in the
contract so that disputes or conflicts can be avoided in the later stage of organisation.
Section 3
P4 Legal solutions for business problem
Employment law an essential and important concept as its helps in safeguarding the
interests of all employees working in an enterprise. It become necessary for every employer to
follow rules and regulation included in it for better satisfying the needs and wants of workers.
Basically termination can be of two types one is unfair dismissal and the other one is wrongful
dismissal. In the wrongful dismissal employer terminate the worker in the condition of breaching
the term of contract while under the unfair dismissal worker get termination without giving any
prior notice (Snyder and Deaux, 2012). But according to the various laws of employment act and
employer is responsible to give enough warning to the employees and serve him with a notice of
at least one month before terminate him. Giving notice is very important to an employee so that
he can search out for new jobs. In the eyes of laws it is not legal to terminate a workers by giving
just a single notice. Number of warnings and proper training should be provided to the workers
so that he can improve his or her mistakes and can perform better.
According to the given case study termination of Calvin was both wrong and unfair.
Donna just give him the instruction to leave the enterprise without serving any prior notice with
is not right. According to the employment act it is the right of an employee to get prior notice of
termination. As Donna terminate the Calvin on unethical basis as there was no investigation
done, that who take the money (Foss and Knudsen, 2013). There were four more people other
than Calvin but Donna dismissed Calvin due to suspicion. In this situation if Calvin go the the
court than first it will negatively affect the image of fashion house and than Donna has to face
troubles in case of breaching the terms of contract. So in this case proper investigation should be
done to find out the real suspect.
In another case dan owner of small store and in case when store get destroyed by fire and
for getting the compensation dan fill the insurance form but in the time of filling the form he fill
the wrong information (Bagley, 2010). After some time when dan open a new store and again
when it get destroyed by the fire than insurance company denies ton compensate him. In this
situation it is the responsibility of Mr. Dan to provide fair information to the insurance company
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become easy for insurance firm to take decisions. In case of Mr. Damn file a case against
insurance firm than it will hamper the image of insurance firm. So insurance firm should pay
compensation to Dan with apology letter.
P5 Justifications of solutions
When two or more parties come together for completing a task or for executing an
activity then so many situation of conflicts arise. For solving the dispute both parties become
liable to follow the rules set by the government so that ethical solution can be find by both the
parties. In the above two cases it is beneficial for individuals to solve the issue on their personal
basis rather than take the help of law (Mann and Roberts, 2011). In the first case if Calvin file a
case against the fashion house than this will only harm the image of fashion house. So it is
advisable or beneficial for both the parties to solve issues outside the court. Going court for the
solution is little costly both both the parties as both have to pay the fees of lawyers and this is a
time consuming method so solving case outside the court on personal basis is beneficial for both
the individuals.
In the second case of insurance company same advice is given to Mr. dan and the
insurance firm that is to solve the matter outside the court. Going to law will not only hamper
then image of insurance company but also decrease the market share of firm (Posner, 2014).
Another outcome of this situation can be if the insurance firm and Donna win the case whose
chances are very low so it is beneficial for parties involve in the above case study to solve the
matter outside the court.
Section 4
(a) Benefits of using alternative dispute resolution process
Conflicts or disputes take place when two or more parties come into an contract for
attainment of various objectives. Whenever a dispute take place among two parties than parties
involve in the conflict have two options one is go to the court and the other is solve it on their
personal basis which is also called alternative solution to the problem. The main benefit of using
alternative solutions is that it helps is saving both cost and time of the parties. Going to court for
solution is a time consuming and costly process (Crane and Matten, 2016). Negotiation,
arbitration, conciliation and mediation all come under the alternative solutions to the problem.
One of the main benefit of using this approach is that it helps both parties in maintain good
relation with etch other outwith disclosing the fact to large number of people. Mediators are used
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under this strategy which listens to both the parties and than take final decision. Under this
mediators tries to find out the main cause of the problem as it helps in finding better solution
(DiMatteo, 2010). Other benefit of this is that it is time effective and cost saving process. Under
this first parties hire an individual or third part called mediator for solving the issue. Which first
identify the main issue behind the problem and than listen to both the parties for making
effective judgement.
(b) Legal solutions to the business problem
As per the given case study as both Tyrell and Antown both are facing business problems
form a long time. As both want to maintain healthy business relations with each other so in this
case they can use or take the help of alternative solutions. They can hire a mediator for finding
solution to the problem (Nichols, 2012). Using alternative solution will help them in find the real
issuse behind the problem which will assist in finding better solutions. After finding solution to
the problem both can sign an agreement for avoiding future disputes.
As alternative solution are time and cost effective so they can go for this. They can for
for the arbitration strategy for finding solution to the problem and at the same time to maintain
healthy or good working situations. One of the main weakness of using this strategy that
arbitrager charge high fees (Spalding, 2011). By using this both parties can find better solution
to their problem and at the same time can maintain good relations with each other. So it is better
for both the parties to use alternative solution for the problem rather than go to the law.
CONCLUSION
From the above data it can be concluded that various regulations helps or assist in better
solving the problems related with business. By applying these laws business owner can achieve
smoothness and consistency while executing business operations. Whenever a conflict arise or
take place between two or more than two parties than they can go for alternative solutions to
problems rather than go to the court. Alternative solutions not only helps in getting better
solutions to the problem but at the same time helps in maintain better working relations between
both the parties. During the process of making policies regarding the management of human
resource management and their compensation employer must comply with all all rules of
employment law for compensating them in a fair way. Individual or groups involve in the dispute
can comply with all rules and regulations for better solving the problem.
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REFERENCES
Books and journals
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