[SOLVED] The Role of Alternative Dispute Resolution (ADR) in English Law

This assignment discusses the concept of Alternative Dispute Resolution (ADR) in English law. It highlights the benefits of ADR, such as confidentiality, fast outcome, and flexibility, which save time and cost for parties involved in disputes. The assignment also compares ADR with court procedures and concludes that ADR is a legal body helpful for people to resolve problems in a timely manner.

Business Law

INTRODUCTION
Law had established many rules and regulations which are enclosed via parliament &
government. Many laws which has been implemented by local bodies or authorities in order to
protect the rights of individuals as well as organisations. In recent time, it is significant for
companies whether it is large or small to understand these laws so that they can operate their
business in smoothly. Regulations are categorised into different portions which is describing
parts and duties of individuals. In this assignment, structure which is followed by English Legal
system along with various sources of law is explained in detailed which support to plaintiff or
defendant to resolve their disputes. Further, government is also playing essential role so their part
has been explained while making any law. Besides from this, employer’s responsibilities and
duties has been explained towards their employees at work place along with some act and cases.
TASK 1
P1 Different sources of law and English legal system
The country UK is reflected as legitimate monarch where many rules and regulations are
framed in accordance with the benefit of people. In earliest times, parliament and governments
are making many laws and acts where organisation or individual can protect their rights from
performing any unlawful activity. But these laws are becoming obstacle for them to understand
and stretch it out because these are made over approximately 200 words. Below mentioned is
structure of English court system where people can easily settle their disputes with their help.
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Source 1: English Legal System, 2015
The structure of UK court is bifurcate into two portions i.e. civil and criminal. The
minutes of any concerns are happening from inferior court and these case are ended with higher
session courts. Supreme court is placing at highest level of court. The decision of this court is
binding on all session which are coming under them. Following is overview of court has been
discussed.
Civil court – This session is divided into many parts i.e. country, high and court of
appeal in civil division. In this two parties are their i.e. claimant and defendant where they are
registering their cases in regard to recovery of debt amount, money claims and many more.
These court are explained in detailed.
Country court – This court hears all the cases of majority which are del with civil
disputes. They are framing many rules and regulation so that they can draw a valid conclusion.
The following are some actions which are covered in this court; mortgage amount is owned up to
1,30,000 pound, claim under personal injury under 50,000 pound and many more.
High court – In this session where some cases are dealt for the first times. The main
building of this court in London which is situated in Royal Courts of Honesty. In this three split
of high court is divided i.e. Queen’s Bench, family & Chancery division.
Criminal court – In this, where are offence is related with serious nature of offence
which has been committed by person. Two parties are there i.e. plaintiff and defendant.
Magistrate court – In this magistrates are appointed by Lord Chancellor whose age is
between 21 and 65. While doing this kind of job they are not receiving any income but they can
entitlement for the expenses of the time which are spending in court. Following are some actions
who are not eligible for to become magistrate; people who have convicted criminal offence,
member of armed forces and many more.
Crown court – These courts are dealing with more serious of criminal offences which is
tried by jury of approximately 12 people. In this majority of 10-2 is sufficient to attain belief.
Some of the following cases are murder, rape, aggravated burglary, conspiracy and many more.
Court of petition – It is divided into two parts i.e. civil and criminal division.
Civil partition Criminal separation
Controlled by Master of Rolls Chief Justice which is holding
place in Lord
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Requests from County judicature which are
also known as fast track or
high court or Employment
Appeal tribunal.
Crown court
Further there are different sources of law which has been described in below to resolve
the disputes which are arises between organisation or people. It is also providing rights of
individual to protect them from any unlawful activity.
Legislation – It is divided into two parts where rulings are made by the administration.
These are primary and ancillary. Parliamentary act is considered in primary which is also refer as
statutes. But in secondary, powers are substituted to local bodies or public authorities to make
some laws specifically and these permissions are granted by legislature.
Case law – In this, finding is given on the foundation on the basis of guidelines and
conventions which are on existing. High court is making decision so that they can interpret the
sense of statues. In this, both cases which are related with criminal and civil are included.
Equity law – This law is providing legal framework where individual is getting equal
rights or benefits at workplace. This law had set many regulations where employer is responsible
to provide equal rights and opportunities to employees. So, organisation have to comply with all
these regulations and should be strictly followed by them.
EU legislation – When UK joined with European Union in 1973, so from that day they
had accepted all obligation or laws. EU legislation is also become the part of English law
because these ruling cannot be replacing by anyone. Further, EU law always prevails whenever
any conflict has been arising among English law and EU legislation.
Apart from this, following are some acts which has to be comply by organisation to
perform their activities legally and retain employees for a long period of time.
Working time regulation act 1998 – This act is mandatory for all organisation that all
workers should effort for 48 hours per week minimum and offer them breaks according to their
requirements.
Pension act 2008 – This is an act of parliament. It this, employees have to opt for
occupational pension to get additional benefit from employers. Through this they can also get
extra advantage in terms of finance.
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P2 Part of administration in creation laws
In UK, government is playing a substantial role because they are assembling laws for the
benefit of resident people. Parliament of this country has also granted them power to make any
law in case of emergency. At the time of proposing of any performance, it is crucial that it should
be first enlisted in ‘green paper’ which is provide preliminary procedures regarding act. Below
mention are stage which has been enumerated in detail.
First stage – It is considered as primary or purely step where notice is symbolised in
front of followers who are assembled in legislature.
Second stage – At this phase, fellows are identifying main zones of principals so that
debate can be done. Through this, it will also decide that bill should be pass to further stage or
not.
Committee stage – Now, bill is presented in both houses of assembly. In this, ballots are
taking place and amendments are done on the basis debates so that drafted bill can convert into
act.
Report stage – At this stage, amendments are taking place to discussed that whether
further modifications are required or not.
Third reading – This stage is considered as last stage where last argument where bill is
placing. Official document will be converted into report layout. So, votes are taken on final
basis, if any changes are required in bill. However, this stage is considered as winding up of
phase. Further, both houses of legislature are also settled upon the decision which had been
discuss in parliamentary session.
Apart from this, there is also difference between common and statutory laws which has
been implemented on the courts of UK. These are explained as below.
Basis of difference Common law Statutory law
Meaning These laws have been come
out through the decisions
which are take n by courts.
These laws have been written
down and approved by
legislative branch of country.
New law New laws are also taking
place and there is evolution in
old law because new decisions
System of legislative country
is passing new laws.
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are passed by the judges in
courts.
Origin Judiciary or precedent Government or policymaker
M1
The legal system of country will help to people in different ways. As there are many
cases where parties refer to go for court proceedings. So, while following effective legal system
of country which has been made by government will give advantage to parties to resolve their
disputes in appropriate manner. Else it will also help to government in framing new laws for the
development of country and benefit for organisation.
D1
English legal system of country is bifurcate into two parts i.e. criminal and civil court. If
the case is related with criminal, then party will go to the preceding of criminal court where
disputes can be resolve in efficient manner. Moreover, through this parties will get better
conclusion from the decision which will give by court. In contrary to this, where the offence is of
theft, recovery of loss amount, then are having willingness to go civil court which make easy for
them to get settlement in better way.
TASK 2
P3 (A) Employer's legal obligation
Occupational Health as well as Safety
On the basis of rule of Health and Safety Act 1996, employers bound to offer proper
healthy or safe working environment to employees. They have to provide safety equipment to
labours at the time of employment. Organize training session for them for the purpose of enhance
their skill, knowledge or experience. While this process, they have to opted different methods
and procedure which are helpful for employees to improve their performance and complete task
in effective manner. Also workers are responsible to attend such training session for the purpose
of receive important knowledge related to their work.
Workers compensation
The compensation is considered as payment which is paid by employers to their
employees if injury caused to them during the course of employment. Injury occurred due to lack
of knowledge and training session. In that case, employers are bound to provide money of
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compensation to employees which is equal to damages caused person. It is offer other than
salary.
For example- Wendy is an employee who employed in organization which is operated by
Ben. Worker working on dangerous machine and no equipment provided by employer to him.
Due to lack of knowledge he got injured. In that case, because of negligence Wendy got injured
during employment. On the basis of provision of law Wendy is able to file suit against Ben as
well as receive amount of compensation as well equal to the mentioned under law or damages
caused to him.
Harassment
The exploitation of interest of workers is known as harassment. No organization are able
to do such act as it is not enforceable by law. For the purpose of avoid such act employers have
to comply with rules and policies which are imposed on companies. Also try to educate workers
and try to improve their performance as well. Harassment is possible due to lack of legal
knowledge. If any company do so then different types of courts are able to imposed penalties on
them.
Equal opportunities
According to rules of law of Equality act, 2010 employers are bound to offer same
opportunities to all people and try to motivate them as well. They bound to comply with equal
pay for equal work. Employers have to notice people on the basis of their skills and knowledge.
Recruit person who having enough capabilities according to requirement of company.
P3 (B) Employment and contract law
In given scenario, there is 16 years old girl who employed in food making firm. In which
girl cook’s fries in deep frying range contains hot oil. In that premises, water has been leaked
from ice making machine through which she slipped into water or suddenly her left hand goes
into hot oil of 360 degrees. After such accident girl got severe burns and no longer able to
continue working. Employer is having to control or maintain safety at work place. Such damages
have been occurred due to negligence of person.
As per Employment Act 2008, employers are responsible to provide safe or secure
working environment to existing employees for the purpose of keep them for long time.
Employers having ultimate control over entire operations of business. On the other hand, as per
contract law companies are bound to comes in contractual relationship with workers at the time
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of their recruitment process. Both parties file written document which consist various types if
terms and condition also try to perform function accordingly. They have to take reasonable step
for the purpose secure life of members.
On the basis of given scenario, duties of team leader are as aligned below-
Duty of care- It means one person is responsible to take care of another person. In given
case study, team leader has to take care his employees by maintain safe and secure working
environment.
Breach of duty of care- When person not able to follow duties which are imposed on
them. In that case, team leader breach duty of care by not comply with rules.
Damage- Due to breach of duty of acre of team leader 16 years old girl sustained severe
burns and no longer able to worker.
Remoteness of damages- The damages caused to girl not able to control. So that,
employee having right to file suit against team leader as well as receive amount of compensation
as well equal to damages caused to girl. Furthermore, employer is bound to pay such amount.
M2
There are many rules and regulations which has been framed by government in order to
defend the rights of employees at workplace. Employment Act 2008, ensures about that
employer has to provide healthy and positive environment to employees. Whatever activities
which are performing by them should be executed in appropriate manner which also minimising
risk of hazardous. As Equality Act 2010, it states that employer should not discriminate any staff
on the basis gender, religion, caste etc. and provide equal opportunities to all. So, different acts
or laws are having unique advantage which gives right to people in defending their rights.
TASK 3
P4 Unfair dismissal
As per given scenario first, Calvin is the person who employed in large fashion house as
experienced designer. He worked from last 4 years in same premises which is employed by
Donna. On day she arrived at office at morning on Monday, she checked her petty cash box and
realise that her 100 pounds are missing. She felt that Calvin do this act as he was theft her money
so that, on the basis of doubt only she was cancel his employment and dismiss him immediately.
Such removal is considered as wrongful dismissal.
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As per the rules of wrongful dismissal and unfair dismissal protection, no employer can
remove employee on the basis of doubt only. They have to obtain proper evidence for the same.
Also Calvin having right to file case against Donna and receive one-month advance salary or
one-month advance notice. And employer is responsible to pay such salary or advance notice.
Inn second case scenario, a small store was running by Dan and his store was destroyed
due to fire. At the same point of time, he applied for the insurance and insurer company refuse to
claim these amount on the basis of that he had already claim for the recovery of loss amount in
last 2 years.
As per provision of insurance act 2015, company cannot bound any time period on their
customers for recovering loss amount. Dan can write application in court and plead in front of
them to compensate his amount. Otherwise he is not having right to file case against them.
P5 Justification of solution with reference to case studies
In modern era, several policies and procedures which is enclosed in regard to employer
obligation. Every entity whether it is big or minor have to comply with these instructions and
conventions so that they can shield the privileges of individual. For all this, employment act
1996 has provide legal framework in regard to defend moralities of workers at workplace.
Section 94 of this act, had defined some rights of employee, that if they are dismissed from
organisation without having any valid reason, then they can suit the case in court. All these
things are also known as unfair dismissal of worker. But is also tell that, if labour or employees
want to claim against them, then they should be qualified in agreement time period to resolve
their issues.
Apart from this, section 95 have given some power to employers where they can breach
employment act and dismissed employee from organisation. For example, contract has been
entered by employees lacking sustaining any notification or these agreement has been prepared
for a particular interval period. So in these cases employer can terminate workers.
Case law, British home store limited v Burchell, result of judge was detained that there
was a genuine belief on the part of employer that worker was guilty on alleged misconduct.
Along with this employer have also carried out reasonable steps through which they can collect
various information.
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M3
There are various types of legal solution has been provided for different business problems.
Different laws are able to provide best possible business solution which having positive impact
on performance of parties. Through this parties are able to perform ethically and maintain their
performance as well. But there is negative impact that it can reduce trust of people and
sometimes court take action against innocent person.
D2
Parties can easily resolve their matter with the help of alternate legal advice. This legal
process provides proper satisfaction to them. Authorities are able to opted different legal solution
in order to resolve matter of parties.
TASK 4
P6 (A) Concept of alternative dispute resolution with their advantage
ADR is having different meaning which is providing wider range of solution to dispute
parties. Here, parties are allowing to use any process where they can easily resolve their disputed
without breaking any relation. In this process, third person is taking place which is appointed by
plaintiff and defendant party and there is not any involvement of judgement. So it also protects
the time and price of both parties. Whatever decision which are taken by third person is not
binding on them to accept this judgement. Here are some following advantage while using this
process and supporting parties to resolve their disputes.
Confidentiality – When any decision is taken by court, then it usually considered a
public record; but in ADR decisions are kept confidential.
Fast outcome and flexibility – Lawsuit in courts are dragging for a long period of time.
So, while using ADR process, parties may resolve their issues without wasting their time in
litigation process of court. In this way it also provides flexibility.
Save time and cost – While using this approaches it saves the time of both parties as
well as cost, because it does not contain any long process as compared to court procedures.
P6 (B) Recommendations
There are different countries whose rules and regulations are different from each other.
Every country has set their own rules and regulation whether it is related with criminal or civil
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law. The government of UK had framed out the rules regarding ADR where parties can opt this
option to resolve their disputes. Whereas, in USA, parties are also allowed to take help ADR
where they settle their disputes in short period of time. In this process two words are used i.e.
arbitration and conciliation. In arbitration, there is an interference of another party so that they
can decide the issues. Third person is appointed by both parties so that they can get satisfactory
answer. But in case of conciliator, one person is appointed by both parties with their agreement
to settle their disputes. The decisions which are given by them are not bound any of party to
accept that.
With reference to case scenario, large investment firm is running by Antwon with
partnership of Tyrell who was the holder of computer software. From last week, dispute has been
raised and till yet they did not get any satisfactory solution. So in this case, they should take the
help from arbitration or conciliation to resolve their disputes. While using this process, they can
maintain their relation and kept data confidential.
M4
Both courts and ADR are introduced by legal authorities for the purpose of resolve dispute
of parties who lodge their complaints. But courts consume much time and money in comparison
with ADR. The legal ADR is easily resolve matter and provide fair, fast or cheap justice to
people.
CONCLUSION
From the above report, that there are different types of sources of laws which are
providing fair justice to people. Also, English legal system is bound to comply with proper legal
structure. Legal authorities play vital role in decision making process and common or statutory
are helpful for them to provide justice. Employers have to full their obligation which are imposed
on them such as harassment, equal opportunities, compensation to workers etc. Not employer can
dismiss employees on the basis of doubt only or if it compulsory than provide one-month
advance salary or notice. ADR is the legal body which is helpful for people in order to resolve
their problem in timely manner.
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