UK Dispute Resolution and ADR

This assignment analyzes the legal system in the United Kingdom, focusing on the regulatory framework and alternative dispute resolution (ADR). It examines the drawbacks of court proceedings for businesses and highlights the benefits of ADR, such as cost-effectiveness, speed, and privacy. The case study of the Potato Council facing a dispute with its employees illustrates how ADR can provide an effective solution. The assignment concludes by emphasizing the importance of understanding legal issues and utilizing ADR to resolve business conflicts efficiently.

Business Law

Table of Contents
INTRODUCTION...........................................................................................................................3
Task 1...............................................................................................................................................3
P1: Sources of Business law ......................................................................................................3
P2: Role of government in law making.......................................................................................4
M1: Effectiveness of the legal system ....................................................................................5
D1: Critical evaluation of the legal system ............................................................................6
Task 2 .............................................................................................................................................6
P3: Impact of employment and contract law on the business.....................................................6
M2: Impacts of regulations to the statue of workers ..................................................................7
Task 3...............................................................................................................................................7
P4: Solutions for a range of business problem............................................................................7
P5: justification for the use of legal solution ...........................................................................9
M3: The positive and negative impacts of business solutions ...................................................9
D2: The use of appropriate legal solution in alternative advice..................................................9
Task 4.............................................................................................................................................10
P6: Solution based on country legal system..............................................................................10
M2: The effectiveness of Alternative dispute resolution..........................................................10
Conclusion.....................................................................................................................................11
REFERENCES .............................................................................................................................12

INTRODUCTION
The potato council is fully responsible for the protect the rights of potato growers in UK
and give utmost support to them for their competitiveness and sustainability in the particular
vertical. As the potato council have numerous activities so for keeping the smooth flow of work
they have to be concerned about the law and the regulatory framework. The study is trying to
figure out the various legal sources and their nature. As the UK was the first nation who
developed the business rules and regulation across the world. The study is focused on various
aspects of legislature which have influence on the business vertical of UK. The agriculture
experiment centre developed by potato council willing to enter into commercial transaction and
they want to resolve all the conflicts outside the court so that business will not get affect
negatively. The business law of UK consist with various factors such as federal and state
constitution, English common law, statutes, court decision and administrative law.(Adams, 2010)
Task 1
P1: Sources of Business law
The business law mainly concerned with the laws relating to industry, trade and business
activities. The common law is also a main concerned in the judicial system as it is the part of the
English law which is developed from ancient usage and judicial system and not fully managed
by statue. The decision taken by the common law has reflection on both precedent and policy
judgement which is drawn for the business, social sciences and economies.
The potato council comply there business with various sources in order to smooth operation of
business. These sources are explain below:
Legislation, is the one of the important source of law. The potato council needs to
conduct there business by complying with legislation of UK. Legislation fulfil various purposes
of the business as it provides them a framework for- to regulate, to enable, to settlement for
funds, to authorize, to grant or to restrict. In the UK the legislation consist with statutory
instruments, order in councils and by-laws. .
Case law, compared to other law sources have more flexibility and adaptability. It is
necessary for the potato council to comply there business with the case law so the functions of
the business will enable the soundness of legal system. Judicial precedent is compilation of all

principal of laws prepare with strong decisions. The judgement proposed by judges by through
important case is became the source of law.
Equity, is also a source of law specifically in Wales and England, the main achievements
of equity are equitable remedies, charities, trust and probate. The potato council can use this
source as it is effective according to government mindset, as government proposed that who
come for the equity must come with the clean hands.
Parliamentary conventions, are those sources of law where action of breach may be
accepted as breach of the law. Carefulness about the parliamentary conventions is must for the
potato council. These conventions govern relationship between the house of lord and the house
of common.
Customs, also considered as source of law but it is not in the written form. These are the
practise which are perform in the business for a very long time. The potato council should use
these practises in their day to day operations to prevent unnecessary conflicts.
Professional lobbyist are the people who are hired by individual organization such as the
potato council and work for them in various ways such as, they try to influence the legislation,
regulation and also government decision, policies or action on the behalf on the organization.
(Beatty and Samuelson, 2014)
P2: Role play by government in law making
The United kingdom government perform a very vital role in preparing and implementing
the law, as before any law implemented it was kept by the government and it does not consider
as a law till it is passed by the legislature. Bill has to be consult and accepted by each and every
departments of the parliament then only it will be considered as an act. Bills are commonly refers
as a primary legislation. At the time of construction an act bill go through various stages such as:
An issue or problem arises on the government agenda, is facilitate the need for a new
law within the legislation. The issues and problem which influence the agenda of the government
such as natural disaster, act of terrorism, economic crisis require an urgent response by the side
of the government. Where a bill came into the consideration of the government.
To decision to legislate, as per the parliament provide a session to consider a bill into the
legislative programme. There is a submission process done by the parliamentary business and
legislation (PBL) concern with the bill.

Preparation of the bill, will be done by a bill manager as per the legislative programme.
The bill manager and the other official make the instruction for the policy which are basic
instruction for the committee of cabinet to draft a bill. Generally there will be two draft counsel
assigned to a bill and the counsel can be more in case of the bill is long or large enough.
Introduction, of the bill is only done in the case if PBL committee specifically cleared it
for introduce. The bill can be introduced only if all the legal and procedural issue have been
resolved and the committee have the power to decide whether the bill procedure should start in
the house of lord or house of common.
Parliamentary stages, the government will make the decision that the both house in a
position where they are with a balanced legislation programme to consider each and every
session. Every bill have to go through various stages in becoming a law in both of the houses
these stages are:
 Primary reading
 Secondary reading
 At the Committee stage
 At the Report stage
 Third reading
 Later stages
Royal assent, or monarch approval will be a stage where a bill will be convert in a law.
Most regulation in a bill will be come into the operation within a set period of time after the
royal assent.
This is the process which use by organizations for applying the statutory and common
law in the court and in the front of the parliament.
Comparison between UK and Romanian law
United kingdom and Romanian both have the constitution base law system. Romania has
the written constitution whereas UK do not have the written constitution in their legislature.
There were an article introduced which is based on integration into the Europion union and
NATO accession which were specified that both could take take place by the vote of the
parliament alone. The major differences which can be seen in the Romanian law are there are no
juries trials that means that panel of judges or judge alone will do the overall hearing process. In

Romanian law there are two type of prosecutor one is investigating and another is trial
prosecutor.
M1: Effectiveness of the legal system
The legal system which is set by the United kingdom is seems very effective in terms of
maintaining the ethics in their decisions. The legal system provides a systematic framework for
the businesses from which organization can regulate under the regulatory framework. The
effectiveness of the legal system of UK depends on the ethics of follow the rules which proposed
under an act or law. The UK law making process is democratic which gives a strong pillar to the
law as it will be implemented properly. The government of UK elected by the public which have
direct affect on the laws and regulation which will be prosed in the near future. The law making
process itself is very effective as before converting a bill in a law it is debated, scrutinized,
amended and publicised, which helps in get through all the factors which are required or
necessary in a law making process. Consultation process while preparing a law is in between
interested parties such as house of lords and house of common. Overall legal system of UK is
very efficient and effective in term of passing or proposing a law.
There is also various problems with the different sources of the law as statutory laws is
consider as a law which passed by the parliament so this type of laws can vary as per the state to
state, here the problem with the organization such as the potato council is that if they are doing
their business in various state than diversify nature of laws could trouble them. Some time
legislation resource is also create various problem as if legislation framework of a state where
organization is willing to work is not framed in a way which is favourable for them.
D1: Critical evaluation of the legal system
There are various factors of legal system which contributed in the context of development
of law such as legal customs, sources of law, legal rights, civil rights, human rights and so on
which have significant impact on the overall legal system of United kingdom. The sources of law
plays a very crucial role in term of accessing into these in a particular organization . A bill plays
a role of proposal a new law into the system and the process of passing a law will be adequate
enough and aligned with the structure of the organization or business.

Task 2
P3: Impact of employment and contract law on the business
The employment law and contract law has a significant impact on the business such as
the potato council as they are providing displays to their cook in the fair with the understanding
that they are self employed but this is consider as threatening to cooks as they are considered as
employee as per the law. Here they have right to take the council to employment tribunal.
Employment law are proposed with the mindset of protecting the rights employees and it
will be based on the factor such as employee-employer relationship. Employees have various
rights as per the law, as employment law control the duties and rights in between the employee
and the employer. Employment law are designed to keep employee out of the problem and make
sure that they are managed fairly. Employment laws are depends on the state and federal
constitutions, rules proposed by the administration, legislation of state and as per the opinion of
the court.
Contract law considers as an agreement between the employer and employee at the time
of the employment. The contract is formed in a written form which consist with one written page
or document with the detailed negotiations. Contract law impact a business at a great extent as if
the contract is written with carefulness that it will be minimizes the disputes and conflicts
between employee-employer relationship. The drafting of the contract work done by the
organization so it is essential that they write all the required information to prevent future
conflicts. (Appleman, Appleman and Holmes, 2015)
The laws have various impact of the environment of business as labour laws are prepare
as a regulation about businesses will treat the workers. These laws are including various factor
which has a direct impact on the business environment such minimum wage regulations, rules
for wage garnishment, worker protection. Child labour protection law and occupational safety
health rules also has immense impact on the environment of bushiness.
M2: Impacts of regulations to the statue of workers
The statue of workers developed to motivate the work force by the increase in the wages
and try to improved the condition for the workers. The legislation, regulation and standard have
and direct impact on the statue of workers because it consist with workers rights and workers

responsibilities. The potato council also facing the problem with their employees because they
are totally prevent the regulation of statue of workers.
The goal of any business is to retain its creative and effective workers for that many
companies offers contract of employment to their workers and clarify at front of them that what
organization expect from them and what will they get from the organization it will reduce the
situation such as conflict, disputes and ambiguity. As per the legislation and regulatory
framework of an organization the statue will set the maximum wages for the workers and also
instructed all the rules where the salary can be cut because of particular activities. There are
various protections offered by an organization to their employees for the statue of workers such
as the minimum level of wages, safety at the workplace, health coverage, unemployment
benefits, family leave, whistle-blower protections and employment based discrimination. Other
than these there are various safeguard policies also offered by the legislation and regulations so
that workers safety can be protected.
Task 3
P4: Solutions for a range of business problem
The potato council is facing the business problem as they want to establish the agriculture
experimental centre to the further expansion of their organization, but they are facing the
discrepancies as employee are taking them to the court, fund raising and many more. There are
various problem a business can face which can lead them to the legal battle:
Dissatisfied employees, are now the biggest headache for the potato council and also it is
the biggest problem which any organization can face at any point of time. Proper communication
with worker and union leader can minimize this type of problems, all the regulation of the
organization must be clear to employees at the time of hiring and also get the signature from
them for the future prospective.
Harassment cases, and the activities of discrimination are also generic problem among
the organizations. Discrimination on the workplace can be happen in various ways- sexual, age,
race, ethnic and so on. Organizations legal regulations should be equipped in such a way that
they can handle these issue adequately. Holding regular meeting with the workers and enlighten
them with the company strict policies against such activities can be a milestone to stop or reduce
these events.

Immigration, can be cause a legal problem for the organization as if workers are
illegally immigrates with the falsified documents. Organizations should investigate the
background of their employee as they can take some one reference in the favour of the particular
employees.
Copyright and patent issues, are very much seen in the area of business. Other
companies are violating the patents of originally patented companies. Solution for such kind of
problems can be research and development departments of the company organised a thorough
research while the patent and copyright procedure in process, it will helps business to avoid the
unnecessary legal battles.
There are ample of roles and responsibilities of an officers within the business
organization. The officers have a keen mind set to fulfil their responsibilities towards the
business organization by playing their role adequately. The roles and responsibilities handles by
an officer in the organization are:
 Leadership for the better management of business
 Developing the board
 Formulating the policies and regulations
 Managing human, financial and physical resources of organization
 develop Interfaces and communication between employee and the board
Officers also plays their roles in the capital and fund-raising activities through identifying
the requirement for the resources, researching for funding resources, develop strategies for
approaching the funders and so on. All these roles and responsibilities required to play by the
chief officers of the potato council as they are about to establish the agriculture experimental
centre to develop their business organization.(Crane and Matten, 2016)
P5: justification for the use of legal solution
The legal solution will keep the organization safe from the unnecessary problem which
stated above. The potato council wants to establish the agriculture experimental centre and now
they require their overall focus on this, legal battle can cause financial, physical harm in may
ways which will create a problem for the business at the time of expansion.
The problem such as dissatisfied employee and harassment weakens the structure of an
organization internally by implement suggested solution business will be benefited.

M3: The positive and negative impacts of business solutions
The business solutions have both type of impacts on the organization. Positive impacts of
business solution can be-
 Prevent financial losses
 increase in collaboration
 Increase the competitiveness of the business
 Generate more productivity
 Reduce conflicts
The business solutions also have adverse impact on the organization-
 Competition become costly
 Solution bring change which leads to confusion
 Solution gives dependency
 Lost productivity and liabilities
D2: The use of appropriate legal solution in alternative advice
The appropriate legal solution provide prudent framework to the organization.
Productivity of an business will badly impacted because of the legal conflicts and also it leads to
financial crisis, the appropriate legal solution will helps business to resolve the conflicts in an
organised manner and retain the reputation.
There is wide comparison lies between the private and public sector company. The
private limited company can be start with the the 2 members whereas public limited company
cannot be formed with less than 7 employees. The private limited companies are held by private
owners and this entity limits the owner liability to their ownership stake and limit the
shareholders from publicly trading the share. Public limited company has the permission to issue
registered securities in front of general public by the initial public offering which can be traded at
least one stock exchange market.
Advantages of private limited company
The first and the biggest advantage of the private limited company is that it can be start
with the 2 members and having a limited liability that means if company is facing loss than
shareholder will be liable to sell the share of the company to clear all the debt. Perpetual
succession is also one of the advantage of private limited company.
Disadvantage of private limited company

The share of these company cannot be transferred until shareholder give the permission,
and public cannot be invited to subscribe the shares.
Advantages of public limited company
Seven members can start the public limited company and these are separate legal entity
so each and every shareholder has a part in it. The public limited companies are governed by
board of directors which is beneficial for all the shareholders in the terms of transparency.
Disadvantages of public limited company
Going public is very expensive and time consuming procedure and there are chances
where equity dilution can happen. The management of public limited company sometime loss the
control of the business which make the business task more complicated.
The public limited companies are more safer for the employees and the shareholders as
the security parameters in the public company are more compare to private company. Other than
that the managemnt of the public company can help to develop the transparancy into the system
which will be beneficial for the business in the long term.
Task 4
P6: Solution based on country legal system
The potato council are keen to resolve every disputes outside the boundaries of courts as
they are establishing the agriculture experimental centre resulted they already did a number of
commercial transactions. Alternative dispute resolution(ADR) can be a feasible solution for their
problem as it refers to ways to resolving the disputes without going to court. The government
also encourages ADR as it is a better and easier way to resolve the conflict which faces by
various businesses. Common forms of ADR :
 Mediation clause, encourages the mutually acceptable outcome as third party helps the
disputing parties in resolving the conflicts
 Arbitration clause, refers where an independent third party understand the facts and on
the basis of that decision will be took that most of the time binding on one or both
parties.

In the UK there are various ADR schemes in the regulated sector and various businesses
are also members of these voluntary ADR schemes such as- financial services, telecom services
and energy. (Picciotto and Mayne, R. eds., 2016)
M2: The effectiveness of Alternative dispute resolution
The problem associated with the court are very huge and it may lead many harms to an
organization. The Alternative dispute resolution providing an solution to business organization
to prevent all these problems. The potato council facing the dispute against their own employees
here Alternative dispute resolution gives optimum solution to them. The effectiveness of
Alternative dispute resolution for the businesses are:
 Quicker than court proceedings
 It is a way cheaper than the court process
 The parties have control over the disputes otherwise court have overall control over the
conflicts
 The processes of courts are adversarial where as ADR give possible solutions for disputes
 It is saving the commercial reputation of the businesses as the disputes are resolve in
private
 ADR process handle by the third party where arbitrator is the expert in that particular
area which disputes relate to
Conclusion
From the critical evaluation done on the legal system of the united kingdom in the present
study various conclusion can be made. There are various different sources available in the
regulatory framework which organization can comply with to prevent unnecessary disputes.
Government play a major role in making the law as they have a balanced process to passing the
act or law. Employment and contract law will provide a clear understanding to potato council as
it is relates to the conflict which they face with their own employees. Business faces various
legal problems such as raising capital, handling conflict, managing employees and so on an
efficient officer is have the quality to resolve them even before they arise. Alternative dispute
resolution(ADR) is a prudent solution to resolving the disputes outside the courty boundaries it
will save the potato council from the financial losses.

REFERENCES
Adams, 2010.Ecological assessment of selenium in the aquatic environment. CRC Press.
Beatty, J.F. and Samuelson, S.S., 2014. Cengage Advantage Books: Essentials of Business Law.
Cengage Learning.
Appleman, J.A., Appleman, J. and Holmes, E.M., 2015. Excuses for Nonpayment and Defenses
to Actions for Premiums (Vol. 5). Appleman on Insurance Law and Practice.
Crane, A. and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
Picciotto, S. and Mayne, R. eds., 2016. Regulating international business: beyond liberalization.
Springer.