Resolving Trade Disputes through Alternative Methods

This assignment details various steps and procedures involved in resolving disputes between parties using alternative dispute resolution (ADR) techniques such as partnering, negotiation, consultation, mediation, arbitration, and litigation. The benefits of these methods within the legislative environment are highlighted, along with a specific scenario involving Antown and Tyrell. The solution emphasizes prompt and adequate legal solutions to facilitate ongoing business operations.

Business Law

INTRODUCTION
To have the fair trade practices in the nation as well as have the alternative legal solutions
to any business obstacles. The present study will determine the informative research over English
legal system and methods to resolve the issues. The report will be beneficial in terms of
suggesting the various parties to have the proper jurisdiction and solutions to their problems.
There will be discussion based on alternative legal solution such as the framework of alternative
dispute resolution(ADR) will be evaluated.
SECTION 1
P1
Illustration 1: English legal system
(Source: Huxley-Binns, Martin and Frost, 2017)
Supreme court: This is the main legal authority of UK which handles the all the major
cases and facilitate the jurisdiction to the parties. It not only operated in UK but facilitates the
fair judgement to various states such as Wales, Northern Ireland, England and Scotland (Role of
The Supreme Court, 2018). The court sees the case of criminal and civil issues and have various
acts and laws which helps the citizens of such places to have appropriate legal solutions. This
court has various sub divisions such as court of appeal for civil and for criminal divisions.
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Crown Court: These are the legal authorities which handles serious cases of the criminal
acts held in the country. It works under the court of appeal and operates the cases which are
migrated from magistrates' court. It normally sees the cases of rape, murder, robbery and
facilitate the judgement based on imprisonment as well as community sentences (Criminal
courts, 2017). Therefore, it can be said that with the help of such judgements the crime rate in
the states like, northern Ireland, Scotland, Wales and England is to be reduced.
Court of Appeal: there are major issues were resolved by the judges which are relevant
with the criminal and civil cases. The court operates in presenting the solution to the obstacles
which are held within the national boundaries. Most of the criminal cases which are relevant with
the frauds, robbery are being operated by them and the fair suggestion has been facilitated by
them (The Court of Appeal, 2018). The civil cases which are mostly relevant with the proper
disputes, divorce and the family related issues are to be solved by the high court and the county
courts of such states.
High Court of justice: This court is helps in resolving the issues of the civil and
domestic obstacles. The cases are to be solved such as chancery, queen's bench division, family
divisions etc. there has been appropriate solutions were facilitated to the citizens which are
facing the issues relevant with family problems (Simunic, Ye and Zhang, 2017).
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Illustration 2: High Court and the areas of operations
(Source: High Court, 2018)
Magistrates Courts: the cases which are relevant with the public health, violations,
assault, petty theft and serious crimes or robberies were heard in this court. These helps in
awarding the initial level of the judgements to the victims and the criminals. There will be
sentences relevant with the imprisonment, penalties and the various charges were issued against
them (Fanego and et.al., 2017). The motive of these court is to facilitated the adequate solutions
and try to solve most of the case at its earlier stage.
County Courts: here the jurisdiction relevant with the small issues mainly relevant with
the cases like family problems and the small trade related issues. It penalised the criminals with
the fixed amount of punishments to be aid by them (Pierce and et.al., 2017). In short it can be
said tat the small penalties, fees and charges are being levied by them over the person and they
have to make payment of such amount of money to the victims. There is also cases were resolved
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such as traffic rule breaking, breaking of any law and creating the domestic violence were
handled and the relevant parties were punished.
Legal sources of laws for business in UK:
In accordance with operating a business there is need to have proper knowledge of all the
laws, regulations and legal framework of the English legal system in the industrial aspects. There
has been several laws and acts which are being presented by the government. The consumer
rights act, 2015. The motive behind implicating such act is to facilitate the adequate solution and
the resolve the issues faced by consumers in trade practices and in making any contracts.
Therefore, it highlights the various rights to the buyers in terms of suiting a case again the
organisation if there is any fraudulent act incurred (Alshehri, 2017).
On the other side there has been various rules and laws were enacted by the European
Union group in terms of helping the European citizens or employees in the organisations. There
may be acts which are presented here such as European Economic area, European free trade
Association etc. these are the acts which help the citizens of European Group to have fair
operations in the national boundaries. It also helps in preventing misappropriate trade related
confidential data.
P2
The legislative role of UK government in consideration with law making and presenting
the laws and acts in force. Therefore, every legal authorities in various nations tends to have the
adequate legal systems and the favourable judgements which will help them in having legal
environment, decrease in crime rates as well as increment in the economic level (Sarbazian,
Sokhanvar and Pordanjani, 2017). However, there has been various procedure while presenting
the bills among citizens. In accordance with the UK government the bill has been formed on the
basis of various stages and various committees and houses were make decision over passing
such laws such as:
Preparation of bill: This is the initial stage where the government has planned to draft
the bill and present it to the court in terms of any issue and solving them in the legal manner.
There has been several operations were made In accordance with making the bills such as
official workings by the bill managers.
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Parliamentary stage: these are known as the house of commons were the bill was
presented and the government analyse the validity it by having several discussions. Their main
debate will be relevant with the necessities of the bill as well as its framework in the legal
environment of UK.
First reading: Here the bill will have an overview by the house of commons and there
will not any debates were conducted over the bill (Huxley-Binns, Martin and Frost, 2017).
Second reading: At this stage the bill was presented in the parliament and the debate
round were being conducted by the government. There will be suggested and rejection of several
amended of bill which being performed by several MP's of various locations. They present their
views in context with favouring the bill or rejecting it. The majority of responses were taken into
considerations and then the bill passes to the next stage.
Committee stage: After bill has been passed on behalf of such big discussions or debates
the bill than moved to the further proceedings such as step by step consideration of the details of
the bill as been proceeded. There has been conduction of the debates between various parties and
their MP's which is known as the committee of whole house. They make amendments to the bill
and present their views over it. After such operations the bill were passed to the next stage
(Legislative process: taking a Bill through Parliament, 2013).
Report: As per the acceptance for both the houses the bill will be discussion only over
the amendment which were made over it. Here the legislative authorities of parliament pays
attention over the validity and the fruitfulness of the bill in the operations.
Third Reading: In accordance with the previous stage the bill was being passed on the
basis of huge discussion and debates which bring the proper judgements relevant to it. This is the
stage were not any changes were made only the reading of such bill took place and arrangement
of the denouements as per table.
House of lords: After the reading over the bill than it will be again discussed and the
various amendments were made. Thus, such amendments will help in transferring the bill again
to the house of commons (Simunic, Ye and Zhang, 2017).
Royal Ascent: After the House of lord and house of common passes the bill than it
become the law and it will be moved to the Royal Ascent as it will be signed by them. Therefore,
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after the completion of three to five year of the in-acted bill than a review took place over the
working of the act.
Common and Statutory laws:
The legislative environment in UK can be analysed as per the presentation of these two
laws such as common and statutory law. These laws are facilitated as to bring the fair jurisdiction
in the legislative environment as well as present adequate solution to any issue. However, in
accordance with the common laws of the UK which is being created on the basis of past cases,
issues and the jurisdiction facilitate at that time. There for it contains with the acts which were
developed over the judgement provided by judges in specific cases such as Precedent or
judiciary. In accordance with the statutory law, here the laws were made over the jurisdiction and
the governmental requirements such as written laws and the current requirement (Common Law
vs. Statutory Law, 2017). These are the laws which has huge debated discussion before getting
in-acted by the Court, these are relevant with the Human, consumer, employees rights, health and
security of citizens etc.
SECTION 2
P3
A. Employer's legal obligations
There has been several legal obligations and the procedures tat will be helpful for te
employees in terms of highlighting their rights over several issues. In accordance with the
English legal system there are various acts, laws, rules and regulations which helps in such
employees in terms of having the fair jurisdiction as well as proper concerning towards their
health and security. However, in accordance with the below listed issues there are various legal
solutions which are being facilitated by the government such as:
Occupational Health and safety: The responsibilities of a professional employer in
context with workplace securities and health and safety to employees. However, in accordance
with the manufacturing unit or the construction site there is need to have equipment and tools in
the proper conditions as it do not harm any employee. Thus, if an individual met with any
accident at workplace, than these are the responsibilities of employers to facilitate them with the
adequate medication and treatments (Fanego and et.al., 2017). On the other side, if workers
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suffering from any disease than there is need to have allowance of leave to them which will be
beneficial in terms of securing the society as to stop the spreading of such diseases.
Workers compensation: In accordance with the remuneration and pay-offs made to
employees in an organisation are need to be fair and on the basis of their qualifications.
Therefore, as per the salaries which are being paid by the professionals to their employees or
labour are must be based on the level of operations they are doing as well as the skills and
qualification acquired by them (Pierce and et.al., 2017). This is necessary that they do not
promote the stereotype and demographic environment in the premises. Thus, it is necessary that
all the employees are to e treated equally.
Harassment: There are several rules and regulation which are need to be made by
legislative authorities in UK which in turn helps in protecting the employees from workplace
harassment such as in proper remunerations, workload etc. Thus, as per such issues the
government has facilitated the harassment act which helps in preventing the worker from getting
stereotyped at organisation on the basis of age, sex, nationality and races (Alshehri, 2017).
Equal Opportunities: The opportunities which are facilitated to the employees should
belongs to their qualification, skills, talent as well as the level of operations they do. Thus, as per
their qualification the considerations must be payable to them. These are the responsibilities of
the employers that they must treat all the workers the same and equal asset to their organisation.
B. Analysing the employment and contract laws in relation with the scenario
The case scenario explains that the firm has appointed a minor girl to perform the risky
operations such as deep fat fryer. Thus, all of a sudden she met with an accidence and brooked
her had as well as get burns over it. At that time there were very short staff was available. The
team leader was engaged in different tasks without executing the workplace. In accordance with
the whole scenario it can be concluded that the firm will be charge against several issues such as
they did not consider the workplace safety, appointing a minor at the job, as well as irresponsible
staff. Thus, the whole amount of treatment must be paid by the organisation accordance with
securing the health of the girl.
On the other side, appointing a minor to the risky job is illegal as well as it will affect
their health. These are the responsibilities of the managers in the organisation which must
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considers about the business operations as well as worker's safety at the workplace. The
responsibilities of managers and leaders is to execute the work as well as look for the issues and
obstacles faced by the employees in the premises (Sarbazian, Sokhanvar and Pordanjani, 2017).
SECTION 3
P4
Calvin:
In consideration with the case of Calvin it can be said that, without acquiring the
adequate evidences that unlawful act was made by his employer Donna has terminated. She has
made such decision without considering any investigation over such acts and without notifying
Calving for his termination. Thus, in favour with Calvin it can be said that he must suit a case in
against his employers and the organisation. He can also appeal in the county court as to have a
proper investigation over such theft act. Here the worker can sue the employer on the basis of
employees rights and various acts. Therefore, the sudden termination without any notice can be
determined as the breach of contract. The agreement was signed over the employment of Calvin
which is not only signed by him as well as it was signed by the employer too. So he has right to
claim over the breach of such contracts.
Dan:
In terms with second case here the insurance company has refuses to make payment of
the claim made by Dan over the fire damages incurred in his store therefore, the policies lies over
here that the insurance company will not make any payments without completion of 2 years.
Here, the previous fire was incurred 23 months ago and Dan though that it would be more than
two year so he marked no over the statements that he did not make any claim within 2 years
therefore, legally on the basis of terms and condition of insurance company that they would not
make any payments within 2 years but her Dan has been victimised due to such accidents and
need to claim the money. It will be suggests that he must withdraw the money on which he has
made insurance of the store as well as appeal in the court to grant him claims (Huxley-Binns,
Martin and Frost, 2017).
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P5
On the basis of such cases, there has been various rules, laws and acts are being
facilitated by the legislative authorities in UK. Both of the parties can appeal in the County court
as to have the fair jurisdiction and judgements over their issues. In accordance with Calvin it can
be said that there is need to have proper investigation over the termination as well as penalties
must be made against his employer Donna.
However, in context with Dan the insurance company has refuses to make payments over
the claims as he has applied the previous claim which was within 2 years. Therefore, as per the
terms and conditions he cannot apply for the further claims before completion of the 2 years of
period (Simunic, Ye and Zhang, 2017). Here it will be suggested to him that he must appealed in
the court to grant him the claims as it was ha huge financial loss to him and the business is
suffering from losses.
SECTION 4
P6
A Determining the concept of ADR:
Alternative dispute reolution definition:
In accordance with the concept of ADR which helps in facilitating the legal solution with
consideration of all the laws and acts but out of the court premises. There has been appointment
if the legal person who helps the parties and present them the adequate solution to their problems
or disputes (Betancourt, 2017). The motive of such authority is that they make it easy and prompt
while presenting the solution as well as make mutual agreement between all the individuals who
are included in such issues.
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Illustration 3: ADR framework
(Source: Menkel-Meadow, 2017)
In order to resolve the cases and bring the legal solution with the help of alternative
dispute resolution there will be adequate steps and procedure which are need to be followed such
as:
Partnering: determining the issues from both the parties which has the disputes in
between.
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Negotiation: Analysing the main reasons behind such issues as well as making the
adequate changes and presenting the solution which will be helpful in negotiating the issues by
mutual understanding.
Consultant: There is need to consult the parties to settle down ans agreed over the
satisfactory solution.
Mediation: Here a person become a mediator among the disputed parties which will
have the agreeable solution for non-binding it.
Arbitration: This is the process of hearing the issues from both the parties without
concerning any partiality.
Litigation: It is a collective term of resolving the issues which agrees both the parties
over a specific solution.
Benefits of dispute resolution:
 The implication of such techniques in the legislative environment of the country will be
useful in providing quick solution to corporate issues in consideration with all the laws
and ethical requirements of the business.
 It brings the favourable legal environment as the maximum of the disputes will be
resolved by making all the party agree with the satisfactory advice.
B facilitating the adequate legal solution to industrial issues
The scenario describes that there has been small dispute incurred in the trade practices
between the partners of the organisation. Therefore, it can be analysed that Antown and Tyrell
need to go for ADR solutions which will be prompt and adequate in terms of having the proper
solution to their problems. However, this legislative authority will be very helpful for them in
terms of having the legal solutions in prompt manner and have the ongoing business operations.
CONCLUSION
On the basis of above study it can be said that there has been analysis over the various
legislative authorities in UK such as High court, supreme court etc. these are the courts which
help in resolving issues relevant with criminal and civil disputes in England, Wales, Scotland and
Northern Ireland. The report has also highlighted the procedure of law making and the role of
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government in such process. Further, there has been analysis which were made over the several
cases and issues faced by various parties and judgement were facilitated to them. These legal
solutions were based on acts and laws imposed by government and with the help of Alternative
Dispute resolution.
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REFERENCES
Books and Journals
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