Business Law Report: Alternative Dispute Resolution in UK Business

This report provides a comprehensive overview of Alternative Dispute Resolution (ADR) within the context of business law, particularly focusing on the UK legal framework. It explores various ADR methods including arbitration, mediation, conciliation, and negotiation, detailing their applications, adv...Read More

BUSINESS LAW

Table of Contents
INTRODUCTION...........................................................................................................................1
Main Body.......................................................................................................................................1
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
Alternative dispute resolution of one of the bets approach by which conflict situations
could be resolved. These all types of alternative dispute resolution is being utilised by its
professionals in case of proper solving all disputes between both parties by using a relevant
manner. Beside from it, the reports also refer to advantage and disadvantage of using alternative
dispute resolution process at the workplace.
Main Body
In the business law aspect, UK government have developed several kinds of the
legislation and regulation which have to implement by the company in order to carry out the
business activities and functions in more effective and secure manner. While any disputes and
conflicts occurs among the parties and organisation then there are several methods that assists to
party in getting proper solution (Kinicki and Kreitner, 2012). With help of the regulation,
legislation and law company can get their rights and carry out their functions of business in
secure and safe manner.While any disputes and matter goes in the court then it takes long time
for final decision so parties prefers such method under which they can get fast solution of legal
problem in the business. In this manner, Alternative dispute resolution procedure is that effective
method that assists to the party in taking the best solution of problem. In this method parties do
not requirement to go to court (Reuben, 2014). Party can escape from the long procedure of court
as they can get the fast and frequent solution of the legal problem. In this method, parties hires
the arbitrator who act as an agent in this process.
The Alternative dispute resolution is the powerful and additionally the reasonable
strategy for settling modern or business question. It is the technique of settling struggle and
coming to the assention without heading off to the court. Alternative dispute resolution strategy
is additionally perceived as an instrument to determine lawful debate or clashes secretly. It gives
different decisions of settling strife in various ways (Loafman and Altman, 2014.). The different
techniques that can be utilized for settling struggle are intercession , discretion and arrangement
(Folsom And et.al., 2012). The Alternative dispute resolution procedure has a few advantages.
The real preferred benifit of this technique is that it causes parties in debate to determine their
contentions in simple and deliberate way (Lieberman And et.al., 2016). It enables the gathering
to achieve conclusion and create understanding with each other. This technique does no have
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impact on the business execution or picture of both the gatherings. Alternative dispute resolution
strategy does not include much cost, less tedious when contrasted with other system of settling
business issues. It is the more adaptable procedure as it encourages gatherings to get brisk
answer for their concern. This technique give equalities an opportunity to get legitimate
exhortation from specialists or include them in the system to get successful or wanted outcome
In arbitration strategy the gatherings in clashes designate third individual for settling disputes
(Fisher, 2017). This is the technique in which unprejudiced individual settles on choice on the
contention. Arbitration technique is utilized for settling clashes or misjudging between gathering.
In this strategy, parties confronting struggle has the privilege to concur or can't help
contradicting the choice made by the Arbitrators. Alternative dispute resolution is the several
ways of on the issue of between two or more parties can solve it without going to court. Is the
several method of the without asking court of dealing. The development of alternative dispute
resolution the UK government is want to the encourage. The UK services provides ADR the
largest and the most recognizable dispute resolution services. ADR settlement is the platform for
consumer dispute. Is the services of good for a business is the best possible services to giving
their customers. Its the ways of the two or more parties the settle of dispute the help of third
party. Is the working of different clients is the understand the needs of the clients and the other
party the desires. ADR is the primary reason for the parties to collaborative and understand the
position. State courts and ADR is main difference the proceedings ADR is the rules is not
binding the clients. Is the compare of other judicial proceeding ADR is an option for time
efficiency and providing cost is the optional dispute solution proceedings. In the UK are most
commonly used arbitration and mediation. Is the process of issue the resolve dispute between
business and consumer and the contracts of consumer disputes will benefits of consumer the
quick, low cost but its not free and fair the binding solution of their problems. ADR the most
common types are-
Arbitration : If the parties decided to arbitration process the agree of the dispute of a third parties.
Arbitration act to have arbitrators is appointed by the third parties. If the decision of the
arbitrators is legally binding. An arbitrators actually a decision after listing to a third parties.
The procedure is the similar to a court with judge. Is the way of achieving an agreement
because the time, place and speed is arbitration. Arbitration is a confidential process and the
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similar to court proceeding but the compared to court proceeding the arbitration is highly
flexible.
Mediation : Mediation involves is a third parties. Mediation is maintained a business
relationship. Mediator provides the better communication but the direct to parties the
mediator does not guide. Mediator is help of parties the mutual agreement and the works is
the process of mutual agreeable solution. Mediation is usually non-binding and the fully
confidence. Mediation will be wasted of the if the parties don not agree an agreement,
Mediation the parties on the focused the problem to make way to solve the problems.
Conciliation : Conciliation is also used the dispute resolution, the conciliation process a step
higher. Conciliation is the opposite of mediation method and the method of less flexible.
Conciliation process the two parties together attempt the taking of a case to reach a
compromise. The parties are not bound the proposals and the third party to role making
independent decision. The right of the parties conciliation process withdraw any time.
Negotiation : Negotiation the parties both are negotiated to achieve the compromise. Negotiation
method of solve the problems is the quickest and cheapest forms. Negotiation method is the
parties in a settlement problems without going to court. Both the parties is an agreement
legally binding.
For example, A Dan is a person who have own small convenience store which destroyed in the
fire. Dan opened another stores in a new location and applied for fire insurance (Bird, 2013).
While insurance company asked to Dan about claim on insurance policy in the last two year then
Dan answered No. As he thought that the previous claim was more than 2 year ago but it was in
fact 23 months ago. The insurance company have refused to pay the claim. In this case, Dan can
follow the method of arbitration strategy (Crane and Matten, 2016). By use of the arbitration
dispute resolution strategy both insurance company and Dan can easily find the best legal
solution of problem. By use of this method, there is no requirement of Dan to go to court for get
the legal solution of the problem. Both insurance company and Dan should hire the arbitrator as
agent who can give the proper solution of legal problem. By help of this method, both parties can
get the solution in the mutual understanding (Smith and Malloy, 2013). As it can be said that this
method is very effective for developing the understanding among the parties. It is a kind of
informal process under which third party makes the decision for situation. The another major
advantage of this method is that it assists in saving the time as well as cost of the parties. It is less
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costly method as comparatively to other legal solution method. With help of this method
company and other parties can get the fast and frequent solution of legal problem (Coffee Jr, Sale
and Henderson, 2015). One of the major advantage of this method is that it is more flexible and
responsive to the individual needs of the people involved. Furthermore, parties can preserve their
good will and at least not escalate the conflicts (Posner, 2014). As parties do not need to go court
for getting the solution so they can escape from spoil their good will in the market. In addition to
this, parties have far more flexibility to select what procedure and discovery rules will apply to
their disputes (Feliciano, 2017). Another one of the major advantage of the Alternative dispute
resolution is that results and information regarding the disputes of parties kept confidential
(Disch, 2016). The final outcome can also be made private if the parties so stipulate and agree. In
addition to this, it is less stressful because the most people have reported a high degree of
satisfaction with Alternative dispute resolution (Cheeseman and Garvey, 2014). This technique is
not applicable on the employment disputes, tenant disputes, neighbourhood disputes, personal
injury disputes etc. The parties can often select the arbitrator or mediator that will hear their case
and find out the solution of the legal problem.
Thus, from the entire discussion it has been analysed that there are several advantages and
disadvantage of the Alternative dispute resolution in the business legal problem. This is very
effective method in the terms of business law by which legal process can conduct by the parties
in the systematic manner (Scholes, 2015). However, arbitrator can only resolve the disputes that
involve money. They can nopt change the title of the property and in this includes the liberal
discover rules that is used in the Court.
With the assistance of alternative dispute resolution process, there is no guarantee of
resolution of issues at the workplace. ADR process do not always lead to resolution that means it
is possible that you could invest the time and money in trying to resolve the dispute out of court
and still end up having to process with litigation and trail before or jury (Blackshaw, 2011). So it
could be said that, there are no guarantees to resolution of issues at the workplace.
 It has been seen that, there is arbitration decision are final decision in case of proper
resolution of disputes at workplace. It could be said that, arbitrator could not be appealed
with fraud being an obvious exception. There is no alternative option to appeal against
arbitrator, they have to listen all suggestion provided by the arbitrator at the place. All the
presented people have to listen them.
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 Arbitrate has limits on awards in which it could be said that, arbitrator could resolve the
disputes that involves money in case of resolution process at the place (Meyerson, 2015).
So may peoples does not conduct arbitration process in case of resolution of their critical
disputes at the workplace.
 Alternative dispute resolution process defines that, it depends on willingness to
compromising between two parties, so many times it has been seen that, both dispute
party are not willing to settle their dispute on some topic, so it being cause of raising
dispute situation at the workplace many times.
 It has also been that, there is always uncertainty of quicker and cheaper this is not always
solve the case. In some critical condition, ADR process are not giving effective values to
their customers in the market in relevant manner.
 Basically, in case of alternative dispute resolution process, it is using court proceeding
but they do not have uniform manner to resolving various issues of some parties, so it has
been seen that, there is always uncertainty of resolving the disputes by using ADR
process at the workplace.
 In ADR process, it is also seen that, it has very time limit process in which complex and
lengthy issues might not be solved in such situations and limited times so it should be
given time to resolving it (Ionescu, 2015).
 ADR process needs high amount of money in case of conduction of its various phases
while resolution process are being conducted at the place. Large amount of funds are
required to organization of ADR process at the place in terms of resolving them.
 In case of ADRprocess, it has limitation to run while a dispute is in any ADR process.
Once the statue expires, judicial remedies may no longer be available.
 Another one of the major disadvantage of the Alternative dispute resolution process is
that it required to disclose the matter in front of the stranger. Furthermore, they take the
high amount for providing the best alternative solution of the legal problem. Thus it can
be said that Alternative dispute resolution is litter expensive method as comparatively to
court procedure.
CONCLUSION
From this report it has been concluded that there are several legal solution of the legal
business problem. Alternative dispute resolution is one of the method that is less expensive and
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less time consuming process. By use of this method, parties can easily get the fast solution
without go to the court. They can escape from spoiling their reputation and get the frequent
solution with help of arbitrator.
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REFERENCES
Books and journals
Cheeseman, H. R. and Garvey, J. R., 2014. Business law. Pearson.
Coffee Jr, J. C., Sale, H. and Henderson, M. T., 2015. Securities regulation: Cases and materials.
Crane, A. and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
Disch, L., 2016. Representation. In The Oxford Handbook of Feminist Theory.
Folsom, R. H. And et.al., 2012. International business transactions: a problem-oriented
coursebook. ThomsonReuters.
Kinicki, A. and Kreitner, R., 2012. Organizational behavior: Key concepts, skills & best
practices. McGraw-Hill Irwin.
Lieberman, J. And et.al., 2016. Business law and the legal environment.
Posner, R. A., 2014. Economic analysis of law. Wolters Kluwer Law & Business.
Scholes, M. S., 2015. Taxes and business strategy. Prentice Hall.
Smith, J. and Malloy, R. ., 2013. Real Estate Transactions: Problems, Cases, and Materials.
Wolters Kluwer Law & Business.
Bird, R. C., 2013. A Great Debt of Gratitude: An Interview with John Donnell. American
Business Law Journal. 50(1). pp.195-200.
Feliciano Jr, S., 2017. Alternative Dispute Resolution. The Catholic Lawyer. 33(1). p.10.
Fisher, T., 2017. Law and Economics of Alternative Dispute Resolution. The Oxford Handbook
of Law and Economics: Volume 3: Public Law and Legal Institutions p.280.
Loafman, L. and Altman, B. W., 2014. Going online: Building your business law course using
the Quality Matters Rubric. Journal of Legal Studies Education. 31(1). pp.21-54.
Reuben, R.C., 2014. Constitutional gravity: a unitary theory of alternative dispute resolution and
public civil justice. Ucla L. Rev.. 47.p.949.
Ionescu, M. I., 2015. Alternative Dispute Resolution. Lex et Scientia. 22.2. p. 89.
Meyerson, A. L., 2015. Alternative Dispute Resolution. GPSolo. 32. p. 6.
Blackshaw, I. S., 2011. Alternative Dispute Resolution. In Sports Marketing Agreements: Legal,
Fiscal and Practical Aspects (pp. 453-464). TMC Asser Press.
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