ADR in Business Dispute Resolution

This assignment delves into the application of Alternative Dispute Resolution (ADR) methods, such as negotiation and mediation, in resolving business disputes. It explores the benefits of ADR over traditional litigation, with a focus on long-term relationships like wholesaler-retailer or manufacturer-distributor. The assignment also discusses how the UK legal system encourages ADR for timely, fair, and cost-effective justice.

BUSINESS LAW

Contents
INTRODUCTION...........................................................................................................................1
TASK 1............................................................................................................................................1
P1............................................................................................................................................1
P2............................................................................................................................................3
TASK 2............................................................................................................................................4
P3 (A).....................................................................................................................................4
P3. (B).....................................................................................................................................5
TASK 3............................................................................................................................................6
P4............................................................................................................................................6
P5............................................................................................................................................7
TASK 4............................................................................................................................................8
P6. (A)....................................................................................................................................8
P6. (B)...................................................................................................................................10
CONCLUSION..............................................................................................................................10
........................................................................................................................................................11

INTRODUCTION
Business law has been considered as legal term which include various rules and regulation.
Every organization in United Kingdom is responsible to follow duties and responsibilities at the
time of establishment, winding up and liquidation. Numerous sources of law including
executives, legislature, judiciaries and much more. In United Kingdom, legal authorities are
engaged in making of law process. Government follow systematic procedure in order to
formation of law and implement the same in entire country. as per the rule of company law
employers are bound to fulfil duties which are imposed on them. They are responsible to
maintain health and safety at work place (Deroy and Clegg, 2011). Several conflicts create in
organization on daily basis which can easily resolve with the help of various legal solutions. The
concept of Alternate dispute resolution also mentioned in this report which is introduced by legal
authorities for resolve dispute of parties in effective manner. ADR can easily resolve matter of
parties who lodge their complaints with in stipulated time period, at reasonable cost and provide
fair justice to them.
TASK 1
P1.
Systematic legal structure has been formed by legal authorities of United Kingdom in order
to protect rights and interest of people. Members are bound to follow rules, regulation and parties
which are imposed on them as per the rule of law. With the help of systematic structure,
government can easily protect rights and interest of people. Through which they can secure legal
rules and policies. Parties who wants to resolve their matter can lodge their grievances in order to
redress the same within stipulated time period (Mason and Stephenson, 2015). They can lodge
complaints in criminal as well as civil courts. But criminal related matter always entertains by
criminal courts no other court can do so. On the other side, any other matter can entertain by civil
courts. Person who commits wrongful act has been considered as criminal in the provision of
law. Legal authorities having potential to resolve dispute and satisfy them with final decision.
Several sources of law which are mentioned under business law are as follows-
Constitution- It consists various policies and procedure which imposed on entire country.
the constitution of UK is presented in unwritten form. It can distribute power among members of
legal authorities according to their skills, knowledge and experience. Entire country is bound to
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fulfil rules and policies which are imposed on them. This the significant source of law which can
protect rights and interest of them. Through this, entire country maintains ethical consideration.
It can also have imposed legal procedure on companies. As per the rule of law companies have to
maintain health and safety of existing employees and try to keep them for long time (Dunning,
2014). Also it mentions some policies for establishment, winding up and liquidation of
companies which needs to be fulfil by owners in order to comply with law.
Legislature- Every country having their own set of legislature which can effectively
support to entire country for fulfil legal obligation. This is concept of one is surly different from
another. Legislature has been considered as statutory law as well as statues. This legal body
having impact on the existence of company (Wolfe Jr and Pittenger, 2016). Members are bound
to fulfil rules and regulation which are imposed on them. For conducting every business, there
are certain number of legislation are well described which have to get follow by an association in
an appropriate manner. Below are the various components which are underpin under the
legislation factors:
 Statutes- Legislature has been passed law which is called as statues. It is the legal
procedure which consists several policies and procedure and needs to be fulfil by
entire country.
 Statutory law- As per the concept of business law, it is clear that statutory law has
been considered as part of statutes. It is formed by legislature in order to protect
rights and interest.
Executives- President of the country having significant power to deal with issues. Person
having executive power to maintain their performance in effective manner and protect existing
laws.
 Treaties- It is the legal agreement which is framed by two or more states with mutual
concept. For the same purpose they framed document with each other. Document
mentioned various terms and conditions which needs to be fulfil by parties in order to
secure their rights and interest. Every state selects one representative who deal with
another party to meet obligation which is imposed on them.
Case- Medellin vs. Texas in present case scenario it is found that, treaty is form of law which is
non self-executive. They not able to bind states to comply with rules and regulation.
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Judiciaries- This term has been considered as courts, presented by judges, lawyers or
other legal department (Black, 2010). In every court judges having ultimate power to take
decision regarding relevant matter and try to resolve dispute of parties. Final decision made by
judges has been considered as award which is able to binding people.
 Common law- This legal term plays significant role decision making process. Judges
resolve current cases with the help of maintain performance.
P2.
Government of UK considered as regulatory body which is responsible to protect existing
laws. They are bound to follow systematic procedure as specified under law. Firstly, members
have to focus of draft of bill with mentioned all relevant laws and which needs to be implement
as per the current condition of law (Werbach and Hunter, 2012). Furthermore, this process is like
a proposal which is send by legal authorities to judiciary in order to take approval. After
preparation of draft, government have to submit the same to parliament for receive royal consent.
In case, parliament neither accept nor reject the draft then it is deemed to be rejected. But in case
it should be accept then draft become law and implement in entire country. As per the
requirement, parliament can have made necessary changes. The role of government in the
process of law making is as follows-
Set goals- Without setting of goals no person can perform function in effective manner. As
they are responsible to comply with set of goals and objectives which are imposed on them and
mentioned under law (Trompenaars and Hampden-Turner, 2011). Legal authorities are able to
resolve created problems in effective manner.
Frame policies- Members of legal authorities has been considered as legal body who are
responsible to current dispute among parties. As they are responsible to maintain relationship
with other executives. They have to fulfil legal obligations which are imposed on them as per the
provision of law (Ardichvili, Jondle and Kowske, 2010).
Passing of law- Government should made necessary amendments as per the requirement of
legal proceedings (Kadish, Schulhofer and Barkow, 2016). Every company have to perform
function through follow rules and regulation which are imposed on them.
STATUTORY LAW COMMON LAW
In this legal concept various types of new
laws have been issued by government
It consists numerous new and effective
decisions which are made by legal authorities.
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agencies. There are varieties of policies and
rules mentioned under law.
Furthermore, it creates law and introduce
varieties of new policies which is beneficial
for entire country.
Substantive operational level has been under
this.
It is needs to be maintained at procedural
operational level.
This is examined as written law. Also it is
presented in perspective in nature. It was
introduced by government and they make
necessary changes as per the requirement of
entire country.
It used by legal authorities in the form of case
law. This legal term is instructive in nature.
common law is formed by judiciary.
TASK 2
P3 (A).
Health and safety.
Health and safety act 1996, is the significant legal term which is needs to be maintain by
every business organization for the purpose of comply with law and maintain performance in
effective manner (Hung and Law, 2011). As per the rule of this law, employers are bound to
fulfil their obligations related to maintain health and safety working for employees. There are
large number of workers working in every company who are different set of mind. So that,
members of company try to explain them clearly with polite nature. Try to made changes for
avoid accidents and protect health of every person (What Is Business Law? - Definition &
Overview. 2017). Employers are conduct training and professional development program in
order to improve skills, knowledge and experience of them.
Compensation of employees.
Compensation in terms of organization has been considered as total amount which every
employees of the firm can expect to receive while they are working in company. There is
numerous compensation amount which every needs to be provide to them (Stout, 2013). It is the
way of motivation, so that every can use the them for motivate their workers. In case, employee
got injured while performing in organization no safety equipment provided by firm and without
training they use advance technology. In that case employers are responsible to for injury caused
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to person. So that, worker having rights to file case against employer in order to receive amount
of compensation. This is the compulsory amount which is compulsory to be paid by employer to
worker for the purpose of resolve matter (Kadish, Schulhofer and Barkow, 2016).
Harassment.
The word harassment is clearly related with exploitation of rights. It is the wrongful act
which is done by higher authorities with members’ weather intentionally or unintentionally. No
company is able to exploit rights and interest of every person in organization. Companies are
responsible to provide best working environment to people in order to keep them for long period
and attract large number of people as employees. Members are bound to follow rules, regulation
and policies which are enforceable by law (Callison and Vestal, 2010). It covers the wide range
of behaviours which are related to offensive nature. Person who conduct this act has been
considered as criminal under the provision of law. Courts having power to imposed various
penalties on them equal to amount specified by legal authorities and maintain performance as
well. Employer must ensure that no harassment conduct at work place and try to protect rights
and interest of people who are working in company.
Equal opportunities.
Every person who working in organization has been considered equal in terms
employment. Companies are responsible to select person on the basis of their skills, required
qualification and experience rather than their caste, race, religion, place of birth and so on. In
case firms are failed to do so then it is including under wrongful act (Kaplan, Weisberg and
Binder, 2014). Due to same reason, employees having rights to file case against employers for
receive amount of compensation equal to damages caused to them and amount specified under
law. Equality act 2010, consist several legal obligations which are imposed on them.
Discrimination is not possible on the basis of caste, age, religion and much more.
P3. (B)
All business activities are performed by companies on the basis of employment and contract
law. Companies are responsible to maintain effective relationship among employer and
employee. Contract of employment has been considered as legal contract which is consists under
labour law in order to imposed duties and responsible on them. Master and servant relationship
mentioned under this law (Ruggie, 2014).
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Employment law- This legal term is able to maintain overall performance of firm in order to
control business activities. Employers are responsible to provide salary equal amount specified
by employers to employee at the time of their employment. Employment right act, 2010 or
Health and safety act, 1996, consists several policies which are imposed on members of
companies and control their activities as well. Employees having rights to file case against
company in case of wrongful act. Employers are bound to maintain health and safety working
environment for every person. They are bound to focus on professional development of
employees (Kadish, Schulhofer and Barkow, 2016).
Contract law- It is the term in which two or more parties are comes in contractual
relationship with each other. They form legal agreement with each other and signed written
document as well. Various terms and conditions mentioned under law which are needs to be
fulfil by them. They have to use entire skills and knowledge for the purpose of fulfil obligation
which is imposed on them (Leung, Law, Van Hoof and Buhalis, 2013). In case entity failed to
comply with law then members can take strict action against it and demand for receive amount of
compensation equal to damages caused to them.
In the present case study, 16 years old was made fries in hot oil with temperature of 360
degrees. While working, she slipped into water which is leaked from ice making machine. Here,
team leader act as employer and responsible to monitor workplace environment. but that time
failed to perform his duty and not able to clean water from workplace and due to his negligence
she was fell down and her left hand went into hot oil. Through this, she got sever burn and not
able to continue work for some time in any company. Due to this negligence 16-year-old having
rights to lodge her complaints in order to receive amount of compensation equal to mentioned
under law.
TASK 3
P4.
(1)
If an employer terminates employee from employment, then they should give notice
before one month. Organisation is also entitled to pay one-month salary to that worker. Any
worker cannot be dismissed on the basis of doubt. There is need for facts and evidences to prove
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mistake and reliable reason. If employer does not comply these formalities, then employee
cannot be terminated from job. They cannot take any legal step in this case.
As per given case, Calvin is working in this fashion house for last 4 years. Donna is his
employer who came on Monday and found her 100 pounds missing. She terminated Calvin from
job on the basis of doubt of theft. In this case, Donna does not hold right to terminate him. This
is unfair dismissal and breach of law as she is responsible to send 1-month notice to Calvin and
also liable to pay salary of 30 days. Calvin has following rights-
Right to get notice- Donna has to give prior notice of 1 month before terminating him.
She has to mention valid reason of this termination. Employers needs to mention justified reason
for instant removal of workers and disclose the same as well.
1-month salary- He is also holding right to receive 30 days’ remuneration from
employer.
Claim- Calvin can file case against Donna as she dismissed him from employment
without fulfilling legal requirements.
Evidence- Employer has to collect valid evidences to prove his fault that he has done
theft of 100 pounds. In this case, there are no proofs available.
(2)
Every individual holds right to protect their property by getting insurance for it. This
amount can be recovered when secured assets gets destroyed or damaged. This scenario includes
two parties that is insurer and insuree. They are responsible to fulfil all legal policies and
regulations explained under this act. In given case, Dan is owner of a small store which get
destroyed due to fire. He filed case against insurance company in order to receive payment of
insurance. When company asked him whether he took any policy before 2 years, then he denied
it by mistake. This is the reason that entity refused to pay him any amount. In this case, Dan is
holding the right to receive amount of insurance claim as there is no limit to receive it.
According to the insurance act, there is no time limit specified for receive insurance claim. So
that, in given case Dan is able to receive amount of claim.
P5.
Business law is the broad term which consists various laws in order to resolve legal
conflicts. Different conflicts create among every firm which can be easily resolve with the help
of legal terms. In the first case, Donna act as employer who dismiss Calvin on the basis on doubt
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only which is comes under wrongful act. In that case, Donna have to provide one-month advance
notice or salary. In notice, needs to mention justified reason for removal of person. but employer
failed to do so and dismiss employees on the basis of doubt only (Oswald, 2014). In this, Calvin
having right to file case against employer and receive amount of compensation as well. On the
other side, in second case Dan hold small store which got destroy due to fire. In that Dan can file
case for receive insurance amount because there is no limit specified under law.
TASK 4
P6. (A)
Now a day’s courts are overburdens with number of cases that's why they are not able to
solved them at time, so in order to reduce them court introduce a legal entity name called
alternative dispute resolution. This is a new justice process which is settling disputes without any
lawsuit. It is usually less costly and efficient and this resolution provide appropriate and pure
justice. Some people in ADR are generally agree to negotiation settlement and it is worth
pursuing to investing time and money in full lawsuit. Currently individuals and firm are use this
because it provides flexibility in decision. Most of the time people using arbitration and
negotiation in this law. But parties are not able to lodge same case among same parties in both
courts and ADR. In case courts parties are not satisfy with the decision of courts then they can
lodge complaints in this legal proceeding. As parties are bound to fulfil their legal procedure
which are imposed on them and mentioned under provision of law. There are some types of
ADR-
Arbitration- This is a legal process where a person hears each side of dispute and about
their issues and take a specific decision. There is a mediator between them who resolve their
matter and provide conclusion is known as Arbitration. This final judgement of this person is
known as arbitral award. There are of two form and these are Private and Social/Judicial
arbitration. Private is is a most common form of ADR. In this process both parties are agreed to
choose an impartial parson outside of court who bounds them to be in agreement after hearing
their statement. This is referring when both parties are show there mutual understanding to
resolve their problem outside of court. In Judicial arbitration is meant that any party is
dissatisfied with last decision they can go on trial. But in this process judge already provide them
a particular time in which they can show their dissatisfaction rather than accept it. This is a non-
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binding judgemental process; it serves as a facilitating negotiation between parties to a dispute.
Private and judicial arbitration are less costly and more efficient than other civil litigation.
Conciliation- In this legal process both parties come to conciliate their dispute and meet
to a person to both separately or together attempt to resolve their differences. They do this by
overcome their problem, improve their communication, reduce interpersonal issues with a
mutual acceptable outcome. The person who are choose by both to solve their issues is hear both
party’s problem one by one and make a settled agreement. In this agreement one party have to do
scarifies and another one is stay with a winning situation. Its conclusion is calculating in win-
lose situation on which parties have to give their acceptance and signed it. Its decision process is
harder than another type of ADR because it used to take a wise decision with quick approaches.
Conciliation is somehow different from arbitration because in this there has no legal standing and
conciliator has no authority to investigate evidence, call witness and they do not write any
decision and do not make any award. Conciliator act as mediator who is responsible to resolve
matter of parties at cheap price or within stipulated time period. He provides opportunity of
being here to both the parties and take final decision accordingly. Furthermore, it should be
called as award which can bind parties to follow the same. As both parties are responsible to
follow rules, regulation and policies which are imposed on them and mentioned under provision
of law.
Mediation- This is a next step after conciliation. This situation introduces to a mutual
understanding between both parties. When two candidate comes with their related problems
judge hear their problem individually and after this they called both of them to come together
and give their opinion on this they both parties are given their point of view. After that judge
give them a mutual solution on which they both parties have to agreed. This process is working
on long term relationship like husband and wife, whole seller and retailer, manufacturer and
distributor to name a few. In this legal term dispute can be resolve by mediator. He takes final
decision in order to protect rights and interest of them and maintain their performance as well.
this can be resolve in effective manner at cheap and timely.
Negotiation- This is plays an important role on Primarily and secondarily method. When
two parties are coming with some uncommon issues at a same place their judge give them a
mutual solution on which both parties have to compromise something. This is a win situation on
which both parties are stand on a mutual confession as e. q. If buyer and seller come together for
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a particular rang like if buyer stay on 100 pound. of costing and seller want to sell this on 200
pound, they will have to settle on a mutual costing like 150 pound as on. Many individual and
entities are still preferring ADR because it lack the substituent, low costing and effective ideas
and quick decision.
P6. (B)
Through the process of Alternate dispute resolution parties can easily resolve their matter
in timely and effective manner. This legal term is able to provide fair and cheap justice to people.
The legal system of United Kingdom is better than legal system of USA. Dispute of parties can
get easily resolve in UK rather than USA (Parker, Gordon and Mark, 2010).
In the given case, Antwon is the person who owns large investment in particular firm.
Here, dispute create among Antwon and Tyrell which is not beneficial for both of them. They are
seeking for resolve their problem in effective manner (Roe, 2013). They having rights to lodge
their complaints in ADR in order to get best possible solution. This recommendation is helpful
for them to resolve their matter.
CONCLUSION
From the above report, it is affirmed that business law consists various legal terms which
controlled business activities of firm. Various duties and responsibilities are imposed on
employers. They are bound to fulfil them same in effective manner and maintain performance as
well. Legal system of United Kingdom is better than USA. Government of UK play significant
role in law making process. Firstly, they frame draft of bill and send the same to parliament for
receive royal consent. Common and statutory laws are different from each other which is mostly
used by judges at the time of taking decision. Courts introduce ADR concept when they are
overburdened with the number of cases. It provides fair, timely and cheap justice to people in
order to meet their level of satisfaction. In the above report discussed about, types of Alternate
dispute resolution which are helpful for parties to provide best possible advice to them.
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