Alternative Dispute Resolution Methods

This assignment delves into the concept of Alternative Dispute Resolution (ADR), focusing on its benefits over traditional litigation. It analyzes a scenario involving two business partners facing a conflict, recommending ADR as the most suitable solution due to its flexibility, cost-effectiveness, and time-saving nature. The assignment also highlights how ADR preserves business relationships and avoids legal complexities.

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
SECTION 1......................................................................................................................................1
P1 English legal system and its structure...............................................................................1
P2 Legal authority and its significance in law construction...................................................2
SECTION 2......................................................................................................................................3
P3 (a) Employer’s legal obligation.........................................................................................3
(B) Impact of employment and contract law..........................................................................4
SECTION 3......................................................................................................................................4
P4 Appropriate judicial solutions...........................................................................................4
P5 Justifications for legal solutions........................................................................................5
SECTION 4......................................................................................................................................6
P6 (A) Alternative dispute resolution ....................................................................................6
(B) Recommendation of alternative legal solutions...............................................................7
CONCLUSION................................................................................................................................7

INTRODUCTION
In global economy it is required that the behaviour should be regulated in the effective
manner. For this purpose various rules and regulations are set by the ruling party and they are
referred as the laws. There are various forms of laws and business is one of them that is required
to be complied with (Cheeseman and Garvey, 2014). In a business there are various operations
that are carried out and also English legal structure sources that will be discussed in the below
presented report. The contract act and its provisions will be discussed together with the
Employment act. There are various disputes that arise in the business and the methods that ae
required to resolve them will also be discussed under this report.
SECTION 1
P1 English legal system and its structure
Law are the guideline or discipline that each organisation needs to consider during
performing their various projects. It is established by the dominant authority and no one has
power to break those regulations and in case it is observed that violation is done than in that case
government can take legal action against the individual at fault. In order to enforce the law on
various sectors a set legal framework is maintained. It is ensured that all the rights and duties are
well communicated to all so that business can plan their scheme according to it. It can be
categorised into civil, common, statutory and religious laws. Every country has their own unique
structure which is further followed by the citizens of that particular place (Kubasek, Brennan and
Browne, 2016).
English legal structure was developed in UK. The higher court (supreme) has its
influence on the subordinate bodies. Below judiciary has to follow the guidelines provided by the
prime body. Court of appeal is a subordinate body if considered rank wise. It is further divided
into two different sections one is the criminal and the other is civil separation judgements
concern with this sections are taken by the lower court but in few circumstances like mismatch in
the different decisions take place by the court. In that case decision regarding selection of a
particular division needs to be taken for which enough care is required. Whenever any case is of
guilty more discretion is required as the victim is bound with various obligations which effects
his liberty to a great extent. There are various sources of laws which can be utilised to gather the
information like:
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Common law – It consist of various vital parts in the formulation of legal structure. While
formulating the laws it should be considers that all the relevant circumstances are covered under
it so that same can be applied to all the situations. The language is made clear so that errors are
avoided and no mistake is done while drafting the statute (Kinicki and Kreitner, 2012).
European law – This is some other origin from where law is sourced. It was originated from
justice court of European union.
Statutory law – These acts are passed by the local legislation at the time when independence
was achieved in 1961. There are other colonial laws too which are termed as Ordinances.
P2 Legal authority and its significance in law construction
Governing authority show a vital part in the formulation and practical execution of
different acts. Parliament consist of maximum powers in hand and is involved in the process of
construing laws. Whenever a new policy need to be passed government present the same in front
of the general assembly where the proposal is examined in detail. When an issue is identified by
the present governing body it becomes an agenda which is discussed by between the different
interested groups and each member present their views and suggestions regarding the same. This
way an outline is made which consist of major headings which need to be resolved. All the
required data is collected and presented on green paper at the first stage. Than the same is put in
front of the parliament where debate take place in order to discuss all the relevant advantages and
disadvantages of the proposed document. A set procedure take place which are refereed as
different stages through which final judgements are done:
 First reading – This is the prime step where a Xerox system of rules present the copy to
the law-makers. Same document is communicated to all the members who are
responsible to take the decision (Bagley and Dauchy, 2011).
 Second reading – At this stage the collected draft is further processed and discussed
again so that it can be understood by all. All those other parties who should be informed
are provided the details of that copy of proposed document.
 Committee stage – After the previous stage members of parliament analyse the need for
the implementation of requested act. All the future outcomes of same bill are examined
so that its after effects can be evaluated.
 Third stage – Once the required examination of presented bill is done members of
parliament reach to the stage where it can make the conclusions. It is than given for the
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approval from one section so that later it can be transferred to another chamber for their
consent.
SECTION 2
P3 (a) Employer’s legal obligation.
There are different acts which are given by administrative experts to managers. With help
of this, they can get mindful about their rights. In preface, it is important to apply guidelines as
well as controls which are worried about employer’s privilege. There are a few demonstrations
which is identified with legitimate commitments, are talked about as beneath:
Occupational safety and health act: It is a critical law, that is associated with the personal
section of an individual. It provides lawful system and additionally strategies to firm, in this
manner, they can attain their important goals as per their own requirements. Along with this, it
also provide powers as well as sincerity of directors related to on the job surroundings.
Administrator similarly look after their system of work with assistance of this presentation.
Along with this, it is fundamental for them to provide safety at work place (Mann and Roberts,
2011). To decrease hazard or risks, superior can likewise render training to their staff members.
Workers compensation : This is connected to assurance which provide pay replacement and
also a good state to labours. This is compulsory for all the organisation to provide relinquishment
that is connected to the workforce. There is different uniquely construct law duty which strengths
with respect to an enterprise, like for example, to supply good state, giving safe instruments and
so forth. In statutory pay law, managers are proposed to discard indictment. Laws that are
planned to assure task which is coming across danger or cripples are not needed to cover each
medical expenditures. Staff individuals have duty, to get all compensation which is associated
with harm, in this manner, they can secure their rights. It is necessary to compensate the work
force in case of any loss too which has been created through work related activities. It is
considered as a criminal offence in case the work force is not compensated against their work.
Equivalent possibility: As shown by Equality act 2010, it avoids inequality in the organisation
in planning of education as well as training which is given by any organisation. There are
different evidence, for instance, age, sex, religion etc. which are facing by various employees at
working environment. Isolation at premises occurs from multiple points of view, either
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straightforwardly or in a roundabout way. All labours should have an equal circumstances in a
firm.
Harassment – If an individual is treated in a manner that it affects his mental physical or social
pieces than in that case management is made responsible for same. When any employee is
offended than it affects him so much that his productivity also gets disturbed. Before law this act
is considered to be a crime and party at fault is liable to be punished for the same (Miller, 2015).
(B) Impact of employment and contract law
Whenever any recruitment is done ion any organisation a set procedure is followed.
Management has to ensure that it follows all the obligations and discipline in order to avoid
facing any problem in the coming time like action against it due to offence of whatsoever human
action. In order to give job different acts are formulated like right to safety, equality, minimum
wage act, age criteria for various jobs.
In the presented scenario the placement unit of the cited institution appointed a girl who
was below the age of eighteen years. This way the outlet is at guilty violation of law of
employing individual of less age is done and hence an action can be taken against the same.
Further, it was observed that due to the carelessness of the employee major accident took place
in the premises which harm the little girl to a great extent. There were few staff member
available at the time when this incident took place because of which quick first aid was not
provided to the diseased person resulting into sever burns (Spalding, 2011).
Hence it can be concluded that act of security and occupation is violated in the given
situation. As per the given dual laws administration should ensure the well being factor of their
worker in order to protect them from various calamites. It has to be taken care that that all the
required measures are taken and tools or resources that are provided to the workers should be
such that it does not harm those who are using them to perform their duties.
Another rule that is not followed in the given case study is that management is at fault as
a minor is being appointed by them. It makes the person concern liable to pay the compensation
of loss to the suffered party. Action can also be taken against the team leader as he committed a
big mistake of negligence (Grundfest, s2010). Apart from this the management has also not
followed the health and safety act 1974 according to which employees safety is most important
and the management has to take the responsibility of security of al those who are working with
them. In the given case study the small girl suffered great loss of health due to the carelessness of
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the owners through which they are the party at fault and are liable for a good penalty or a legal
action.
SECTION 3
P4 Appropriate judicial solutions
Calvin was engaged in designer company from last four years as given in the case study.
Act of theft took place in the same premises where he was present with four other co workers
therefore it can not be said who was actually responsible behind this act. Therefore, it becomes a
case of unfair dismissal where employer took advantage of his position and did not consider
Calvin point of view (Czinkota, Ronkainen and Moffett, 2011). According to law no employee
can be terminated without a valid reason. Proper investigation should have been done before
taking any actions and only when it is proved that persons who is dismissed is responsible for the
miss happening should be asked to leave. Whenever any employee needs to be terminated a
proper process should be followed. He should given prior notice with a valid supported reason
justification of which should be their with the top authority. Therefore, Calvin has the right to
ask reason behind this action.
(2)In the other scenario this is observed that due to fire the shop was destroyed because of which
great loss was suffered by Kevin's father. He started another shop and took some other title
without realising that he already has an insurance against same. Therefore, company refused to
pay the amount to the diseased person (Bagley, 2010). As the claim was not expired Kelvins
father can ask for the compensation. It is not the case of maturity as the insurance period was still
there which gives immense power to den to ask for the compensation from the insurance
company.
P5 Justifications for legal solutions
In both the scenario the situation were different therefore distinct laws were applied in
each case. In order to understand how law is violated in each case justification is given below:
 Wrong dismissal - In the first case study, unfair termination of an employee was done and
hence provisions of biased dismissal are applied. According to this law employee has the
right to be informed before he is terminated and in case like this valid reason must be
given so that the person at fault can put his justification forward.
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It is a case of wrongful dismissal act 2015 according to which an employee if terminated without
any prior notice than in that case action can be taken against the management and claim can be
asked for the wrong dismissal done.
 Inequality among employees - As discrimination is done by not giving the diseased
person a chance to present his clarification another act of equality is violated. Calvin
should be heard by the management so that the decision can be called as a valid one.
 Limitation act of time - In the next case as no duration was specified therefore according
to the insurance policies diseased person has the right to ask for his compensation
whenever required as given in the insurance act policies. (Posner, 2014). According to
insurance act there is no time limit for claiming the loss and compensation can be asked
for the loss according to the situation and reason behind the cause.
SECTION 4
P6 (A) Alternative dispute resolution
ADR are those solution which are less formal in nature and also take less time to give its
results. With the help of this concept more options are provided so that the particular issue can be
resolved in time and also supported with consent of all those affected by it. It is a method in
which subject matter is discussed with an arbitrator by those involve in the issue. All the relevant
data is disclosed in front of him and than the process of reaching to conclusion begins. It can be
utilised in case of trade contracts, different relationships, tortious liability and other like any
consumer conflicts. By using the various alternatives, parties can reach to the solutions for which
negotiation also plays an important role (Nichols, 2012). There are various benefits of ADR
which are discussed below in detail:
Less time consuming – It is a process through which the dispute can be resolved in less time.
This help management in using the saved times in the implication of the solution so that effective
results can be experienced.
Cooperative negotiation – By adopting the process of ADR different parties like the business
entity, family relations or other as through this both can conclude with a solution which offers
maximum benefits to both the parties. As they are less formal through mutual understanding one
can understand the problems of each other by understanding their situations. This way they also
get the benefit of maintaining their image outside.
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Neutrality – When a problem is solved with the help of alternative dispute resolution concept
solutions are provided by the third party. In this case the the outside person has no interest in the
benefits of either person involve in the discussion (Di and Matteo, 2010). This way favouritism
and discrimination both are avoided and judgements are made which are acceptable by all.
Arbitrator is selected with the consent of both and therefore with this they are made satisfied
with the given solution. Hence it is beneficial for those who have less knowledge of law and
wish to settle the issue outside legal boundaries.
Confidentiality – Through the process or arbitration and mediation subject matter can be kept
secret as it is not discussed in front of all like in the case of court cases. There all the proceedings
are recorded for future assistance which hampers the secrecy of the issue. Hence by adopting the
process of ADR one can reach to the best solution just by doing a personal meeting and can
maintain the secrecy as no recording is done in this case.
Flexible consequence – As in the given case both the individual involved in direct contact with
each other and given equal chance to present their points are given makes it a flexible mode of
reaching to solution. They can decide the time schedule by themselves which makes it more
favourable by all (Crane and Matten, 2016).
Saves cost of litigation – When an individual go through a legal proceedings to get the solutions
they have to go through a very complex process. Every time the parties appear in front of law
mostly they are given a next date for which they have to pay a particular amount. This way it
becomes an expansive method of getting the matter resolved. But it is different in case of ADR
as less fees is charged by the arbitrator and much cost is saved by avoiding payments to get early
hearings.
Saves energy of all those who are involved – Results are achieved timely by adopting this
measure therefore this way everyone can be benefited by saving their efforts. They do not require
to go again and again to law and discuss the same matter every time. When people approach to
courts they already know that much difficulty will be faced by them to get the judgement (Foss
and Knudsen, 2013).
(B) Recommendation of alternative legal solutions
In the given scenario conflict took place between the parties who were having good
relation before. Antwon and Tyrell are doing business together from a long time and therefore it
is suggested to them that they should go with the option of alternative dispute resolution process
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as it has various advantages (Snyder and Deaux, 2012). By adopting to this method both can
sustain their relationship which is very important for both the parties. If they will go for some
other option they will end up dragging the matter and therefore their profitability will get
affected (Kitagawa, 2016). Hence by ADR both can save their time and can reach to the best
suitable solution and also can maintain their companies image in front of other professional
units. Like in case of two different countries where trading is done from a long time through
which both the parties are earning good benefits than in that case this method can be of great
help as they can resolve the issue by mutual consent without hampering the current business.
CONCLUSION
From the given report this has been concluded that in the concern law there are various
regulations that are specified and are required to be followed by all. For this purpose there are
various acts that have been established which includes Contract Act, Employment Act and
others. In the process of formulation of law there are various steps that are needed to be followed
which have been discussed in the above study. It is needed that the statues are to be interpreted
and for this there are responsibilities of the judges that are to be fulfilled by them. They have also
been mentioned above with the rules present in relation to them.
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