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LO4: Recommend Appropriate Legal Solutions
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Added on 2020-11-13
LO4: Recommend Appropriate Legal Solutions
Added on 2020-11-13
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LO4: Recommend appropriate legal solutions to resolve areas of dispute.It’s always great when disputes occur, because it can be resolved by negotiation. However, inevitably there will always be disputes, where the parties can’t reach an agreement and they need someone unbiased to help them reach a solution and appropriate legal solutions to resolve areas of disputeThe dispute to court might be the best way if:both parties are located in the same country, they speak the same language and share the same cultural background.it’s important to know that the cost of claim wouldn’t be too high.possibility to contest the verdict outweighs reaching a fast solution.the business relationship is small to medium level and mutual claims wouldn’t be too big.the nature of the business relationship is quite common in our economic environment.P6: Recommend legal solutions for resolving a range of disputes using examples to demonstrate how a party might obtain legal advice and support.Taxation impact the cost of business: For example: increase in corporation tax is the same impact on rising cost Consequently pasting it on to consumerin increase prices of a particular consuming product.A change of government often brings forth changes in law. For this reason it may affect and have to adjust, for instance the National Minimum Wage which when increase the business will have to find money to pay workers thus it affects the profit. Legal aid can help to meet the costs of legal advice, family mediation and representation in a court or tribunal.It was designed to make the justice process available to everyone in the country, regardless of how much they earn.The system ensures key principles of a democratic society; that all are equal before the law and have the right to a fair trial. Further, since the Human Rights Act 1998if a person cannot afford legal
representation, this can undermine their right to a fair trial, a right which is protected underArticle 6[4]of the Act. Today legal aid is available for both criminal and civil cases. However the scope of which areas of law arefunded by legal aid and who is entitled to it has continued to change over the decades. All people, if they are arrested and taken to a police station are entitled to free legal advice. However, if they are taken to court or the case is civil it must be determined whether the individual is entitled to receive legal aid. For this, an individual must meet certain financial criteria. Botha person’s disposable income and disposable capital will be assessed, if married their spouses income is also included. If an individual falls under the financial threshold they will be entitled to legal aid. The threshold of entitlement has changed over time and is also dependant on the level of court. Currently, if an individual’s income was more than £2,435 in the last month; or you have more than £8,000 disposable capital they will not be eligible. Though the threshold for legal aid has changed most statutes reform which types of cases entitle one to legal aid.M4: Compare and contrast different sources of legal advice and support for dispute resolution.Introduction:Alternative Dispute Resolution(ADR) techniques are widely used for settlement of disputes in all sectors of civil life especially commercial side.The object is to unlock the disputes and focus upon business. There are several methods that can be used as alternative to formal judicial methods of resolution of disputes.1.Mediation is one of important methods of dispute settlement outside the court, alternative dispute resolution. In mediation process, the dispute is settled by the parties themselves with the assistance of a trained mediator. The mediator helps the parties to negotiate on the issues between the parties and supports them by identifying issues and the waysof settling those disputes.2.Conciliation is a form of alternative dispute resolution methods in which a conciliator helps the parties to settle their dispute. The conciliator helps byidentifying the objectives of the parties. It is different from arbitration in the sense there is no award at the end of proceedings. It is different from court proceedings because the conciliator doesn’t give judgement or decision as is given by a court of law.3.Expert determination is also a form of alternative dispute resolution technique, whereby parties submit their dispute to a person who is able todecide in accordance with his acumen. This concept is taken from olden
times in which societies were classified into tribes and tribal chiefs or religious influential persons or other influential persons were taken as experts. The dispute was presented to an expert who was expected to give verdict on it.4.Adjudication is a process in which parties take their dispute which involvesquestion of law before some designated forum. It is also a technique of alternative dispute resolution. It is because the matter is not taken before a court. Adjudication also takes place before courts of law and it also takesplace before appointed forum. For instance, for the resolution of insurancedispute, some kind of adjudication forum is created to resolve the insurance disputes.5.Arbitration is also an alternative dispute resolution process. In arbitration, the dispute is taken to an arbitrator who is usually appointed by parties or agreed by parties at the time of writing an agreement. If a contract contains arbitration clause then no matter the contract comes to an end but the arbitration clause is still valid. Even if one of the parties to dispute is interested to take the matter before a court of law even then the arbitration clause is valid and it will come into play. The court will direct the parties to go to arbitration. An arbitrator may be appointed by parties by mutual agreement or to be appointed by one each and then umpire appointed by arbitrators themselves.6.Negotiation is also a form of alternative dispute resolution technique. In this a person called negotiator helps the parties to sort out their dispute. He controls the negotiation process between the parties. It is taken place when the parties to dispute sit on one table and talk about their grievanceOrganisation Structure Organization structure is the pattern in which various organizational activities are divided and assigned among positions, groups, departments, and divisions and the coordinating mechanism among these activities to achieve organizational objectives.An organisation structure shows the authority and responsibility relationships between the various positions in the organisation by showing who reports to whom.Classification of organisation structure are:-1. Entrepreneurial Structure (Simple Structure) 2. Functional Structure 3. Divisional Structure 4. Strategic
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