Arbitration and Alternative Dispute Resolution

The assignment delves into the topic of business law, highlighting the importance of maintaining health and safety within an organization to protect employees' rights and interests. It then focuses on arbitration as the best possible technique for resolving conflicts between parties and ensuring their performance. The comparison between the legal systems of the UK and USA is also discussed, with a recommendation to use arbitration in resolving disputes.

BUSINESS LAW

INTRODUCTION
Business has been considered as legal body of law which governs activities of commerce. It
is the branch of civil law. There are large number of countries adopted civil codes which involve
comprehensive statements related to commercial law. Employment and Contract law covered in
this report. Every employer of the firm is responsible to fulfil rules and regulation mentioned in
these laws (Dunning, 2012). Several types of cases discussed in this report such as 16 years old
girl sustained sever burn due to negligence of employer and other cases. Also consist concept
related to Alternate Dispute Resolution which is legal body introduced by legal authorities in
order to resolve cases of parties.
TASK 1
P1
English legal system is the significant legal body which is helpful to resolve conflict of
parties who lodge their complaints in courts and seeking for best possible advice. Legal system
of United Kingdom is responsible to protect existing laws. Members are bound to follow
mentioned rules and procedures which are imposed on them. In this legal, system both criminal
and civil courts entertain cases within jurisdiction (Knapp, Crystal and Prince, 2016). No court is
able to entertain case outside its jurisdiction. Parties can lodge complaints in both types of courts
for the purpose of resolving their matter. All criminal disputes shall be resolved by criminal
courts and civil case in other courts. With the help of this concept, legal authorities are capable to
resolve problem.
There are various sources of law which has been consist rules of law-
Constitution
This is the biggest source of law which is helpful to maintain entire legal system of UK.
It is presented in unwritten format. This source of law is able to protect rights and interests of
citizens on the basis of nation, caste, race, religion, place of birth and much more. Constitution
can maintain an effective relationship in between government and people. In the case of
constitutional country every person needs to be treat equally as well as expected to be abide by
law. Through the stage of framing of bill of draft and implementation to protection entire process
covered under in this concept (Coase, 2012). The primary function of this source is to separate
power to people according to their skills and knowledge.
Legislature
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This is the legal body having power to frame rules related to legislation. The parliament
of United Kingdom includes House of Commons as well as House of Lords. It is different from
one country to another (Nielsen and Parker, 2012). Legislature is having power to set rules,
regulation and policies for the purpose of protect their rights and interest. It has been considered
as an independent body which is capable enough to take decision for the betterment of existing
laws.
Statutes- Legal procedure passed by legislature is known as statutes. Judges opt such
concept at the time of taking final decision for resolving the matter of parties.
 Source- Parliament is an independent body which originates statutes such as
Employment Rights Act 1996 and so on.
 Formation- Starting point of statutes has been based on green paper. Draft of
paper known as white paper and after that send the same to parliament for receive
royal consent.
 Delegated- This legal concept may allow minister and other party to make
provisions and take decisions as well.
Statutory law- As per the legal rules, it is a part of statutes which consists of numerous
rights or interest of people with resolving their matter as well.
Executives
It is considered as a powerful legal body which can take decisions to maintain
performance of entire country and reduce burden of courts. Try to provide best possible advice to
people and meet their level satisfaction. President of country play significant role in their
concept. It is the executive body to take decision for maintain continuous growth and
development of entire country (Craig and Campbell, 2012). Responsible to select person in order
to form part of legal body as per their skills, qualification and requirement of legal system.
Treaties- When two or more parties form a legal agreement with each other, they are
considered as treaties. In this process, each state selects one person as representative who
act effective role on behalf of entire state. Person should be select as per the requirement
of legal body and responsible to maintain performance as well. He must understand his
roles or responsibilities and try to perform the same with in stipulated time period. They
sign legal document with mentioned various terms and conditions.
Judiciaries
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It is totally based on every type of courts. In which judges and lawyers are responsible to
hear matter of parties and resolve the same as well. Judges having power to take decision which
can meet requirement of legal system and able to satisfy needs of them.
Common law- It is present in written form which is used at the time of taking decision by
judges. It is based on similar case discussed by legal authorities in order to resolve
matter.
P2
Government is the part is entire legal system which is responsible to take effective decision
for maintain continuous growth and development of country. Laws are framed by parliament but
in order to protect those laws government should have framed some additional legal terms.
Members of government are responsible to prepare bill of draft which is known as white paper.
Also send the same to parliament for receive royal concept to implement the same (Boud, Cohen
and Sampson, 2014). After receive positive answer or royal concept bill becomes and law and
implement in entire country. From the stage of preparing bill of draft to the stage of
implementation law in entire country government plat effective role. Also it having power to
frame some other rules for protect those laws. It should also control business activities of
companies. They must ensure that organization have to follow rules and regulation as imposed
on them and mentioned under law.
It should control the inflation and deflation rate from country in order to maintain
financial position of United Kingdom. In the case of inflation situation, legal authorities increase
the rate of taxes, interest rates in banks and so on for maintain consummation level of customers.
On the other side, in deflation situation, done opposite with the previous situation. Which means
decrease rate interest and taxes for balance the situation.
TASK 2
P3. (A)
Health and safety
Business law imposes liability on employer in order to maintain safety at work place in
terms of all employees. Health and Safety Act, 1974 has been framed by legal authority
regarding work place safety. Employers are responsible to follow steps for the purpose of
ensures health, welfare and safety of employees. In case they are failed to perform such functions
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then courts may have imposed penalties on them equal to mentioned under law. Implied duties
are imposed on them which needs to fulfil by them in effective manner (Grow, 2011). In case
damages caused to workers in the course of employment due to negligence of employer then
they are responsible to provide compensation to them.
Workers compensation
It is depicted as additional payment which is needs to be provided by employers to their
employees. In case person got injured during the course of employment then companies are
responsible to pay additional amount to them in order to fulfil their requirement and maintain
their performance as well (Myers, 2013). Through this process firms get an opportunity to attract
large number of people and keep them for long time.
Harassment
This is the unlawful act which is considered as offence as per the rule of law. Harassment
is the exploitation of rights and interest. It can exploit rights of people which reduce their work
performance and quality as well. Government responsible to entertain such case and try to
provide best possible to people (Scheuer, 2015). Harassment is capable to conduct mentally
disturb to employees. This can reduce their work quality. It can be done on the basis of age,
caste, race, religion and place of birth and so on. Employees having right to lodge complaints
against employers in order to receive amount of compensation equal to amount specified under
and damages caused to them.
Equal opportunities
Equality Act 2010, is the legal term which consists various rules and regulation regarding
maintain equality in organization. Employer would not be able to discriminate create
discrimination among members of firm. It can maintain relationship among workers and
employers (Schoenbaum and McClellan, 2012). Managers and leaders are responsible to resolve
matter of parties in effective manner and try to maintain their performance as well.
P3 (B)
Business law consists both employment and contract law. Companies are responsible to
manage their performance in order to comply with law. Employment law govern roles and
responsibilities of employer and maintain relationship among all members of firm. As per
contract law companies are responsible fulfil terms and condition which are mentioned under
legal documents.
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Employment law- This law govern rights as well as duties of employers and workers. Each
and every members of firm are responsible to understand their duties and responsible to perform
in effective manner. It can resolve dispute among members. in case any dispute created among
members then it can be resolve by this law (Malhotra and Lumineau, 2011). According to
Employment law, firms are responsible to provide attract working environment to people and try
to secure their life as well. Also responsible to provide compensation in case of any discrepancy
occurred during working hours.
Contract law- On the basis of this law, organization have to fulfil their promise which they
framed with employees at the time of their appointment. Employers and employees comes in
contractual relationship with each other at the time of their recruitment. Both can sign legal
document and mentioned terms and condition with in stipulated time period (Wilburn and
Wilburn, 2014). They have to fulfil legal obligation which are imposed on them as per the rules
of law. In case any of them failed to do so then courts having right to file case against employer
and maintain their performance as well.
According to the mentioned case scenario, minor is the person who attain age of majority
which is 18 years. Such person is not able to do work in any company without certificate of
fitness by legal authorities. In this girl who not attain of majority engaged in company and
making fries in hot oil with 360-degree temperature. During working she feel down on the floor
due to leaking water from ice making machine. After this accident she sustained with sever burn
and her left hand went into hot oil. In such organization team leader act as employer and
responsible to maintain health and safety of employees. But that time he failed to clean water and
due to his negligence 16 years old girl got damages. In which personal liability occur in terms of
team leader and he is responsible to pay amount of compensation to minor for the purpose of
compensate his negligence.
TASK 3
P4
(1)
Companies recruit employees after various steps and process and sign legal contract with
them at the time of recruitment. So that, they have to mention justify reason for their removal. In
the present case, Calvin act as worker in large fashion house from last 4 years. He worked from
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last so many years. So that company may not remove or dismiss him without any justified
reason. In this case, employer name called Donna who arrived on Monday and checked her petty
cash box or found that her 100 pounds are missing. She felt that her pounds are theft by Calvin
and sue to this reason she dismisses Calvin. But according to rule of law employer done
wrongful act because she not able to dismiss employee without provide advance salary or notice
period of one-month. In this case, Unfair Dismissals Act 2015 play significant role in order to
resolve business problem. Due to this reason person having right to file case against employer
and receive amount of compensation equal to damages caused to them and amount mentioned
under law (Wilburn and Wilburn, 2014). Donna have to mentioned justifies reason in notice and
disclose the same in employment.
(2)
Person who hold assets can be secured them through submit some amount with insurance
company and receive the same at the time of destroy assets due to any reason. In which two
parties name called insurer and insuree. In the given case, Dan is the person who owns small
store which got destroy due to fire. On the same he filed claim in order to receive amount equal
to damages or specified amount he is able to get and open new store at another place. In order to
fulfil initial requirement insurance company asked him is received amount of insurance claim 2
years before. But he dined with the fact unintentionally (Wilburn and Wilburn, 2014). But in
actual got claim 23 months before. Due to this reason company refused to pay him amount. But
as per rule of insurance law there is no time limit specified under law for receive insurance
amount. So that, Dan can file case against company and get an opportunity to recover amount of
claim.
P5
Business law can resolve each and every problem which occur during the course of
employment. Basic conflict can be raise in every business organization. But legal authorities
must ensure that members of firm are responsible to fulfil rules and regulation which are
imposed on them (Wilburn and Wilburn, 2014). In first case, no employer can dismiss employee
without allotting advance salary or serve notice period to them. In case it is necessary to do for
betterment of firm then they have to take justified reason and mention the same in notice.
Furthermore, notice should be present in written form and must be signed by employer as well.
on the other side, in second case, there is no time limit specified under law for receive insurance
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amount. So that, Dan can file case against insurance firm for get amount of claim. This is way to
resolve business conflicts.
TASK 4
P6. (A)
There are large number of conflicts created among numerous people who seeks for resolve
their matter. When courts are overburdened with varieties of cases then authority may introduce
other justice providing legal authority name called Alternate Dispute Resolution (What is
Alternative Dispute Resolution?. 2017). This is the effective technique which is helpful to
resolve problems and provide fast and fair justice to people. There are various types of
advantages receive by parties whenever they lodge complaints by ADR. This process provides
fast, fair and cheap justice to people and offer best possible advice to them. There are large
number of people use this technique for participate in continuous growth and development of
legal system. There are presented in various types which are as follows-
Arbitration- This is the significant technique to resolve conflict outside then courts.
Dispute should be resolve by one or more parties called as arbitrator also the final decision taken
by them is known as arbitral award (Wilburn and Wilburn, 2014). It is needs to be present in
written form and must be signed by both parties or arbitrator as well. It is legal binding on both
parties and they are responsible to follow mentioned rule. Arbitration can resolve all current or
pending cases. Also it can provide best possible advice to them with in timely manner. It
provides fair, fast and cheap justice to people.
Conciliation- In this process conflict can be resolve by conciliator with in stipulated time
period and maintain their performance as well. He is responsible to fulfil rules and regulation
which are imposed on them and try to fulfil legal duties. Dispute can be resolve by settlement
agreement and must be signed by both parties with their positive consent. In this process one
party should be sacrifice his rights and interest (Wilburn and Wilburn, 2014).
Mediation- It is another legal proceeding which can resolve matter of parties and maintain
their performance. Person who resolve conflict called as mediator. Final decision needs to be
presented in written form and must be signed by parties.
Negotiation- This is also a legal term which can resolve matter of parties. They can
responsible to resolve through negotiate with other party.
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From the above mentioned legal proceedings, Arbitration is the best technique to resolve
matter of parties and maintain their performance as well. This the best option for people which is
able to meet level of satisfaction (What is Alternative Dispute Resolution?. 2017).
P6. (B)
The legal system of every country is different from each other. Alternate Dispute Resolution
has been considered as effective legal proceeding which can easily resolve matter of parties.
Furthermore, legal system of UK is better than USA. Legal authorities of both countries are
bound to fulfil rules and regulation which are imposed to them. As they have to use their
collective efforts for the purpose attain target or objectives. In the given case, Tyrell and Antwon
are two people who work together in firm which is owned by Tyrell. So that, during working one
dispute created among them which is not beneficial for both of them. Through this reason, they
want to resolve conflicts through ADR (Wilburn and Wilburn, 2014). Recommendation should
be available for them that they have tom lodge complaints in Arbitration and try to best possible
advice and receive fast or fair justice to them.
CONCLUSION
From the above report, it is depicted that business law is the broad term which consist
various rules and regulation. Employers have to maintain health and safety with in organization
in order to keep employees for long time. Protect rights and interest of parties. In this report,
discussed that ADR is the best possible technique for resolve conflicts among parties and
maintain their performance. Legal system of UK is better than USA.
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Online
What is Alternative Dispute Resolution?. 2017. [Online]. Available through:
<http://hirealawyer.findlaw.com/choosing-the-right-lawyer/alternative-dispute-
resolution.html>. [Accessed on 17th November, 2017].
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