Dispute Resolution Mechanisms

This assignment focuses on different methods of resolving disputes or issues that may arise between two or more bodies, particularly within a business context. It examines legal frameworks and practices involved in achieving amicable settlements and emphasizes the importance of understanding these mechanisms for effective conflict management.

Business Law

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
TASK 1 ...........................................................................................................................................3
P1 Structure of English legal system and sources of legislations...............................................3
P2 Role of legal authority in law making and identifying the way statutory as well as common
legislations is applied in the justice courts..................................................................................5
M1 Effectiveness of English legal system..................................................................................6
TASK 2 ...........................................................................................................................................6
P3 A) Explaining the employer legal obligations .....................................................................6
P3 B) Impact of contract and Employment legislation on organisation....................................7
M2 Differentiating and analysing the potential effect of legislation, standards and regulations8
TASK 3............................................................................................................................................8
P4 Appropriate legal solutions for the business problems..........................................................8
A..................................................................................................................................................8
B..................................................................................................................................................9
P5 Justification related to legal solutions for business problems................................................9
M3 Impact of legal solutions to business problems..................................................................10
Section 4.........................................................................................................................................10
P6 A. Concept and advantages of using alternate dispute resolution process (ADR)..............10
P6 B. Recommending legal solutions to the business problem................................................11
M4 Comparing and contrasting recommendations...................................................................11
CONCLUSION..............................................................................................................................12
REFERENCES..............................................................................................................................13
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INTRODUCTION
The business law is associated with variety of legal discipline that include intellectual
property right, bankruptcy, employment legislations, sales and tax laws. All these regulation as
well as norms are designed by the government in order to control unethical business practices.
They are developed by legal authority by considering the several issues faced by the industries
in operation their business. These legislations are framed for assisting the organisations in
restricting the unfair competition in the market. Business law is applicable to all companies
operating in various industries. Business law encompasses of various legislation that are
formulated by legal authority for protection to consumer, creditors and investors.
The purpose of the assignment is to gain knowledge about the English legal system and
identify the process through which the bill is converted into law. Report will also highlight the
norms that are to be followed by the organisation in order to increase its sustainability.
TASK 1
P1 Structure of English legal system and sources of legislations.
English legal system provides various laws and norms that are to be applied to all the
companies that are operating their business in England and Wales. This legal system has its own
procedures and courts. It has hierarchical structure, in which the judgement or decision made by
supreme courts that is the higher authority in English legal system is binding upon all the lower
courts. All the tribunal in the English legal system haver to follow the decision made by the
European court of Justice. Structure of English legal system is split into two criminal and civil
divisions. In the structure of English legal system the other legal body after supreme court who
has power to make major decisions is Queen court(Kolasa,2018). In the structure of English legal
system after queen court there is high court and after that divisional and other lower tribunals.
Crown court and other lower courts have to comply with the judgement made by the above
higher authorities.
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The several sources of laws in English legal system are:
Common law-These are the norms which has automatically originated from the decision make
by the magistrate of supreme courts or house of lords in previous law suits.
Statutory law-The statutory legislations have been sourced from the act of parliament. In other
words these laws are not designed intentionally by the members of parliament.
European legal system- In English legislative system there are several norms which are
developed by the legal authorities in European Union. Such as Convention of human rights-
These laws have been designed by the European union. Convention of human rights-These laws
have been designed by the European union. Some legislations in English legal system are
influenced by the EU laws (Teti, Abbott and Cavatorta, 2018)
Role of barrister is to work with other lawyers in practice and provide legal advice to
their client. Function of barrister is to take the instruction from solicitor ion order to represent
client in front of magistrate. It is the duty of barrister to represent the client in court and present
the case in front of magistrate. Barristers generally do not have direct contact or communication
with client. The role of solicitor is to provide direct legal advice to their client. According to
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Illustration 1: Structure of English legal system
Sources:(English Legal material, 2016)

English legal system it is the duty of Solicitor to develop law suit for his clients and represents
his parties personally in the lower court. In high court barrister is necessary, a solicitor acts as an
agent.
P2 Role of legal authority in law making and identifying the way statutory as well as common
legislations is applied in the justice courts
A bill is the document which in presented by the government in front of parliament.
These proposals can also be presented by members in parliament. The bill has to pass through
various stages in order to become law. For each group discussion , the legal authority has to plan
a legislative programme and prepare the topics related to bill which is to be addressed when
presenting the bill at each and every level of the procedures. As the proposal have to be approved
by various authorities, it is the duty of government top ensure as well as provide complete
information regarding the problems that are faced by several industries. The legal authority who
is responsible for drafting body required to include possible solutions for the issues they have
recognised. It is essential for the government is required to submit a bid for bill to
Parliamentary Business and Legislation Committee of the Cabinet.
In next phase, the bill is to be presented for first reading in which committee will have
focus on considering various elements or constituent such as requirement fort passing the bill,
relationship with social priorities of the legal authority, etc. After this phase, it is essential for
government to make changes or modification in the bill as per the feedback or suggestions
provided by members in parliament. In next stage, the bill is to be presented in front of
parliament for second reading where the amendments made are recognised by the member in
parliament, then same should be forwarded to the special committee which is the part of
parliament for further investigation in which the effectiveness of the bill is measured. After the
evaluation of the bill the proposal is presented by the government for third reading which include
reporting of the results. In next phase, small debate regarding the passing of the bill may take
place, At this stage no changes in the bill is possible. It is required by the government to get bill
approved by the houses in order to convert bill into act. If in case bill is not accepted by the
members in the parliament, then the government has to identify alternative solutions. A bill
which has been signed or approved by houses it converts into law once bill has been given royal
assent. There are still some cases bill is converted into the act but its is not practical applied or
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enacted. This factors have great impact on people , legal authority .The legal authority is
required to fill some details relayed to new schemes by developing regulations under powers
provided by the act. After the implementation of the bill , it is duty of government to review the
working of the act and submit report for the same to Common departmental committee (Fletcher,
2018)
M1 Effectiveness of English legal system
In English legal system , there is drastic improvement in various norms and laws , this
has been possible due to positive changes in procedures, reform and policies. The major and
current amendment made by parliament are change of Ministry of Justice that has replaced the
Department of Constitutional affair. It has been identified that due to modification in policies dan
procedures there are changes in roles as well as accountabilities or liabilities which are
associated to offender management services. There has been also changes in code of conduct
related to the qualification of sectary of State of Justice Lord Chancellor. The other changes
include the creations of legal service commission in order to assist poor people in finding the
appropriate legal solution to their problem. Role and responsibilities of House of lords has been
replaced by the supreme court. The new laws in English legal system which are influenced by
the European law has supported companies dealing in different industry to identify appropriate
legal solution to their problem (Guerrina and Masselot,2018)
TASK 2
P3 A) Explaining the employer legal obligations
1. Occupational health and safety-It is the law which is provide employees or workers a
right to protect themselves against harmful working practices. This legislation has
highlighted the many roles and responsibilities of employer. As per this act it is the duty
of employer to provide healthy and safe working environment to employees. Employer in
any organisation required to facilitate risk assessment before implementing any new
procedure, or machinery at workplace. According to this act , employer should provide
clear instruction to workers about handling machinery, harmful substance or other
equipment that may have adverse effect on employee health or safety. Occupational
health and safety regulations cover the important aspects of working condition that is
required to be developed by the Employer. It is essential for employer to provide training
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to employees regarding the execution of particular operation within an enterprise (Trad,
and Kalpić, 2018. ) This legislation have direct effect on the business culture, working
patterns and environment.
2. Workers compensation -According to the workers' compensation act, it is essential for
employer to develop compensation policies and provide insurance to employees.
Employer in an enterprise need to make special arrangement in order to handle or deal
with uncertain situation at workplace. This act provides workers and his family to
demand for compensation for workplace injury. If in case employer refused to provide
compensation, then in such situation workers compensation act providers employee a
chance to file law suit against employer or company. The rights provided by this act can
be used by the worker who are employed permanently in organisation and working for
the benefit of business. This company norms has direct effect on Employer and employee
relationship.
3. Harassment-it is defined as aggressive pressure or force that is executed by one person on
other. Harassment act provides individual a right to file law suits against the person who
has conducted unethical act which has direct effect on individual image or health. As per
the legislation harassment is the serious and criminal offence against which the strict
action can be taken by the court. The law has been designed in order to protect people
from such types of unethical act or practices. These legislations have been developed by
government to protect the rights of employees from being exploited by employer.
4. Equal opportunities-The equal opportunities act has been designed by government in
order to protect employees from being discriminated at workplace. According to this act,
it is essential for employer to provide equal opportunities to employees (Jones, 2017)
P3 B) Impact of contract and Employment legislation on organisation
Contract law is the important part of business. It is important for employers to comply
with all terms and contracts in the employment contract. As this factor has direct impact on the
reputation of organisation. If in case, any of the parties fails to comply with any of terms than in
such case, parties have to face legal obligations. This factor may lead to contract becoming void
or null. Failure to fulfil roles or responsibilities as per the contract can have direct impact on the
relationship between parties. Contract lays down the some specific principles that are required to
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be comply by both the parties in agreement. As these standards assist organisation in improving
its operations and business performance.
Employment law-This legislations covers all the important aspects of employment conditions as
well as contract. This law also include treatment of workers, , salaries , wages etc.
In given case study according to the compensation act which is the part of Employment
legislation , girl who has got an injury when working in an organisation has right to demand for
compensation from her employer. If the Employer refuse to pay for losses, then it has direct
effect on the relationship between both the parties. This factor also has great impact on the
behaviour of other employees at workplace (Beatty, Samuelson and Abril, 2018)
M2 Differentiating and analysing the potential effect of legislation, standards and regulations
The regulations are developed by manager in organisation according to the requirement.
These code of conduct are formed by human resource manager for maintaining disciple within
company. It allows an enterprise to improve business performance and enables manager to create
effective, healthy and safe working environment for employees.
The standards are established for improving or enhancing the quality of product or
services. It enables business entity in increasing its sales and profitability.
Legislation has direct effect on sustainability and growth of firm. The laws have direct
impact on business operations. It provides companies an opportunity to identify appropriate legal
solutions in order to resolves its commercial issues (Vanhala,2018)
TASK 3
P4 Appropriate legal solutions for the business problems
A
In case of Calvin, it is obvious enough that he is innocent and is not involved in the
missing of the cash. Also, Donna irrespective of the fact that there were four other employees
also present at that time, so she could not just blame Calvin because of the missing cash. Just
because Donna found Calvin acting suspiciously does not mean that he is the only one
responsible or has any hand in the missing of the money. So, Donna could not just dismiss him
on the basis of it as she was not having any proof. As per the Employment Rights Act 1996, it
considers that there are some implement rights and that cannot be stolen from any employee or
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employer. It includes the fact that there are some main terms of the contract that must be given to
Calvin as well. Also, the act states the preventive measures from acts like unfair dismissal etc.,
So, the same has been happened with Calvin as well because Donna was not having any proof of
the fact that the act has been done by Calvin only, and after that also, she dismissed him from the
work, which comes under the act of unfair dismissal. It is completely wrongful and unfair that
without having any evidence, Donna dismissed Calvin. So, in this case, Calvin can file a
complaint in consideration with the Unfair dismissal Act 1977 for Donna that he has been
suspended from the company in the means of unfair dismissal. After filing a case for Donna
under this Act, he might get justice and Donna may have to pay huge penalties as well.
B
In case of Kevin, the fire had destroyed his store not even once but more. When the
insurance company asked him that if he had claimed in the last two years, although he was not
sure and thought that the last claim he had taken was more than two years back, so he answered
no to the insurance company. So, when again his shop suffered a huge damage, he asked for a
claim but the insurance company denied as he has taken last claim within the two years only, that
is before 23 months. So, there is no issue with the insurance company, but is with Dan. So, he
should wait for a month more and then can take the claim instead of involving in any legal
issues.
P5 Justification related to legal solutions for business problems
In case of Calvin, he has been provided that an individual should communicate with his
employer. As this activity will help him in sharing the complete incident to employer and
proving him as innocent. It will also allow him to maintain his relationship with employer. The
other suggestion is he should take support of litigation. As this act will allow him to provide
evidence that he has not committed the crime. It will also allow him to demand from the
justifiable reason related to dismissal and demand for evidence from his employer. This act could
help him in getting his job back or demanding for compensation against unfair dismissal.
In second case, Kevin has been recommended that he should wait for few months and
should not waste time and money in filing the law suit against the insurance company. This is an
effective solution, as it will enable Kelvin in getting appropriate claims for the losses suffered by
him (Christensen, Onul and Singh, 2018)
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M3 Impact of legal solutions to business problems
The legal solutions have positive as well as some negative impacts. The positive impact
includes that the legal solutions help in some problems that are quite unresolvable and also the
whole process is done very securely and with maintaining safety as well. In this, there are higher
chances that the innocent will be saved and the guilty will be punished by applying the laws and
legislations for what they have done (Clarkson, Miller and Cross, 2014). As it has some positive
impacts, it has some negative as well. In some cases, the innocent party has lack of evidences as
compared to the opponent one, so in such cases, it terms inefficient for the innocent one as they
might not be able to get justice in such cases, so it can be termed as quite negative in favour of
them.
Section 4
P6 A. Concept and advantages of using alternate dispute resolution process (ADR)
Alternate dispute resolution process is considered as a process that involves set of sub
divided processes and procedures that provides help and support in resolving various types of
conflicts and disputes even in the first attempt only. It does not involve a variety of processed
such as litigation, mediation, arbitration etc. There are various benefits of the alternate dispute
resolution process and these are discussed as under :
Time saving : alternate dispute resolution process can actually help in saving much amount of
time. It is being done as it provides resolutions for the dispute so fast that they are being
resolved very soon which further helps in saving much amount of time as well.
Cost effective : Along with the time, it also helps in saving much amount of money as well, so it
can be termed as a cost effective process (Mann and Roberts, 2011).
Maintain relationships : As the alternate dispute resolution process provides much amount of
cooperation and support to the people because the process focuses on working
collaboratively instead of focusing on the fact that who is the winner and who is the loser.
So, it further helps in maintaining the relationships and an efficient level of interactions
between the employees of the organisation (Posner, 2014).
Minimization of stress : As alternate dispute resolution process helps in maintaining the
privateness of the disputes, thus the problem is not being enlarged in any court or etc. The
process helps in maintaining them privacy of the disputes by keeping them private only. It
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does make any involvement of the court or media, rather tries to solve it internally only. So,
it further helps in minimizing the level of stress in the individual. This can be considered as
one of the biggest advantage of the alternate dispute resolution process (Miller, 2015).
Provides support : To the people that are not in a position to spend much amount in the cases and
courts, to such people alternate dispute resolution process provides support and help to a
huge extent so that the people may have solutions to their problems and can live happily.
Focus on issues : Rather than keeping their focus on the rights and rules, the alternative dispute
resolution process keeps its focus on the issue and the ways that can be used to resolve the
issue. It is also considered as one of the most efficient benefits of the alternative dispute
resolution process because what is important is to solve the issues. It is not important to
focus on the rights and other processes.
P6 B. Recommending legal solutions to the business problem
As both the companies are dependent on each other as Antwon takes software for their
company from Tyrell, who is the owner of the company. In return, Tyrell takes an amount for the
software's that he provide to Antwon. Although both the parties are fighting over the dispute
from a longer time, but are not able to solve the dispute and come to a conclusion. So, it is better
for them to resolve the issue as soon as possible because they both are dependent on each other,
either directly or indirectly, so it is better for both of their businesses to resolve the issue and
keep their focus on the business so that they can achieve all their targets and goals in a faster
time. They both also want to resolve the conflict but searching for ways by which they can be
able to resolve. So, for resolving the issue, they can sit together and have a talk about the root
cause of the issue, from where it started. So, after having a proper conversation on the fact that if
they will resolve it, it will help in their businesses as well. So, they can have a proper
conversation in which they can discuss the reason behind it and try to focus that they might not
repeat that factor again that lead to the dispute. It will help them in resolving the dispute, thus
they can be able to maintain their working relationship as well (Scott,2018)
M4 Comparing and contrasting recommendations
If talking about sitting together and having a proper conversation, it can result in better
conclusion or can also result in a bad one. It is because when they will be discussing the issue,
the possibility that the issue can go more huge is also equal. But on the other side, the
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conversation can also turn into an effective one that both of them discuss the reason and on the
basis of it decides to resolve it so that they can be able to maintain their working relationship
strong, it can result in positive as well ((Neubauer and Fradella, 2018)
CONCLUSION
It can be concluded from the report that there is an importance of the English legal
system in various factors such as justice etc. The government has a special role in the law
making and it also involves various legal obligations. Some cases have been defined as well
which includes proper legal solutions for resolving the issues inside. Also, it involves the concept
of alternate dispute resolution process and some other legal solutions to the defined business
problems and it may also include some legal framework as well that can help in resolving the
disputes or issues between two or more bodies
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REFERENCES
Books and Journal:
Mann, R.A. and Roberts, B.S., 2011. Smith and Roberson’s business law. Cengage Learning.
Miller, R.L., 2015. Business Law Today, Standard: Text & Summarized Cases. Nelson
Education.
Clarkson, K., Miller, R. and Cross, F., 2014. Business Law: Texts and Cases. Nelson Education.
Posner, R.A., 2014. Economic analysis of law. Wolters Kluwer Law & Business.
Kolasa, M., 2018. Trade Secrets and Employee Mobility: Volume 44: In Search of an
Equilibrium (Vol. 44). Cambridge University Press.
Teti, A., Abbott, P. and Cavatorta, F., 2018. Employment Creation, Corruption and Gender
Equality 2011–2014. In The Arab Uprisings in Egypt, Jordan and Tunisia (pp. 103-122).
Palgrave Macmillan, Cham.
Fletcher, A., 2018. Employee Health Benefit Programs—Who Are They Really Benefitting?.
Guerrina, R. and Masselot, A., 2018. Walking into the footprint of EU Law: unpacking the
gendered consequences of Brexit. Social Policy and Society, pp.1-12.
Trad, A. and Kalpić, D., 2018. The Business Transformation Framework and its Business
Engineering Law support for (e) transactions. In Encyclopedia of Information Science
and Technology, Fourth Edition (pp. 636-650). IGI Global.
Jones, L., 2017. Introduction to business law. Oxford University Press.
Beatty, J.F., Samuelson, S.S. and Abril, P.S., 2018. Business law and the legal environment.
Cengage Learning.
Vanhala, L., 2018. Shaping the structure of legal opportunities: Environmental NGOs bringing I
nternational environmental procedural rights back home. Law & Policy.
Christensen, J., Onul, D. and Singh, P., 2018. Impact of Ethnic Civil Conflict on Migration of
Skilled Labor. Eastern Economic Journal, 44(1), pp.18-29.
Scott, J., 2018. Negotiating Constraints On Legal Translation Performance In An Outsourced
Environment. Law, Language and Communication: Negotiating Cultural, Jurisdictional
and Disciplinary Boundaries. Cambridge: Cambridge Scholars, 1.
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Neubauer, D.W. and Fradella, H.F., 2018. America's courts and the criminal justice system.
Cengage Learning.
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