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LO4: Recommend Appropriate Legal Solutions

Added on - 13 Nov 2020

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LO4: Recommend appropriate legal solutions to resolve areasof dispute.It’s always great when disputes occur, because it canbe resolved by negotiation. However, inevitably there willalways be disputes, where the parties can’t reach anagreement and they need someone unbiased to help themreach a solution and appropriate legal solutions to resolveareas of disputeThe dispute to court might be the best way if:both parties are located in the same country, they speak the same languageand share the same cultural’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’tbe too big.the nature of the business relationship is quite common in our economicenvironment.P6: Recommend legal solutions for resolving a range ofdisputes using examples to demonstrate how a partymight obtain legal advice and support.Taxation impact the cost of business:For example: increase in corporation tax is the sameimpact 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 instancethe National Minimum Wage which when increase thebusiness will have to find money to pay workers thus itaffects the profit.Legal aid can help to meet the costs of legal advice, family mediationand representation in a court or tribunal.It was designed to make thejustice process available to everyone in the country, regardless of howmuch they earn.The system ensures key principles of a democraticsociety; 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 whichis protected underArticle 6[4]of the Act.Today legal aid is available forboth 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 overthe decades. All people, if they are arrested and taken to a police stationare entitled to free legal advice. However, if they are taken to court or thecase is civil it must be determined whether the individual is entitled toreceive legal aid.For this, an individual must meet certain financial criteria. Botha person’s disposable income and disposable capital will be assessed, ifmarried their spouses income is also included. If an individual falls underthe financial threshold they will be entitled to legal aid. The threshold ofentitlement has changed over time and is also dependant on the level ofcourt. Currently, if an individual’s income was more than £2,435 in thelast month; or you have more than £8,000 disposable capital they will notbe eligible. Though the threshold for legal aid has changed most statutesreform which types of cases entitle one to legal aid.M4: Compare and contrast different sources of legaladvice and support for dispute resolution.Introduction:Alternative Dispute Resolution(ADR) techniques are widely used forsettlement of disputes in all sectors of civil life especially commercial side.The object is to unlock the disputes and focus upon business. There areseveral methods that can be used as alternative to formal judicialmethods of resolution of disputes.1.Mediation is one of important methods of dispute settlement outside thecourt, alternative dispute resolution. In mediation process, the dispute issettled by the parties themselves with the assistance of a trainedmediator. The mediator helps the parties to negotiate on the issuesbetween 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 aconciliator helps the parties to settle their dispute. The conciliator helps byidentifying the objectives of the parties. It is different from arbitration inthe sense there is no award at the end of proceedings. It is different fromcourt proceedings because the conciliator doesn’t give judgement ordecision as is given by a court of law.3.Expert determination is also a form of alternative dispute resolutiontechnique, 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 orreligious influential persons or other influential persons were taken asexperts. The dispute was presented to an expert who was expected togive 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 ofalternative dispute resolution. It is because the matter is not taken beforea 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 theinsurance 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 oragreed by parties at the time of writing an agreement. If a contractcontains arbitration clause then no matter the contract comes to an endbut the arbitration clause is still valid. Even if one of the parties to disputeis interested to take the matter before a court of law even then thearbitration clause is valid and it will come into play. The court will directthe parties to go to arbitration. An arbitrator may be appointed by partiesby mutual agreement or to be appointed by one each and then umpireappointed by arbitrators themselves.6.Negotiation is also a form of alternative dispute resolution technique. Inthis a person called negotiator helps the parties to sort out their dispute.He controls the negotiation process between the parties. It is taken placewhen the parties to dispute sit on one table and talk about their grievanceOrganisation StructureOrganization structure is the pattern inwhich various organizational activities are divided andassigned among positions, groups, departments, anddivisions and the coordinating mechanism among theseactivities to achieve organizational objectives.An organisation structure shows the authority andresponsibility relationships between the various positionsin 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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