Table of Contents
Introduction
Alternative dispute resolution (ADR) is a way of solving disputes without involving the court rooms or the lawyers. This issue is a peaceful way of solving problems because the two parties come together and discuss all what the problem was and lastly they resolving the issue until all the two sides are fully satisfied. ADR has gained support almost from all the people globally including the politicians because they are the ones that involve in political disputes every time. ADR makes all the parties equal, there is no party that is superior to the other, this is the best thing about ADR, there is no time you will find both sides arguing in the court room, and they conduct their cases in a secret place.
Policy makers are much interested in promoting ADR because it brings about many alternative ways of solving disputes. Arbitration is one of the best means that are supported by ADR. Therefore there is no time in an ADR case a lawyer will be present, and there is no way a judge will be involved, the only person that will be involved is a leader, that will guide the practice, because the two parties cannot solve the issue by themselves because the two are complaints, they must have some solutions from other people. The legal bill that is issued to the lawyers, in this case, is eliminated because the two parties do not pay anything and do not go to the court rooms.
Using ADR is very important because it helps to explain the court lists. A company or a personnel may have a terrible criminal record in the court, and when the financial or the business disagreement is taken to trial , the person will be very disadvantaged because of his or her past mistakes, but by adoption of ADR it will help to clear the bad record of the company or the personnel. This is a perfect aspect to those businesses that have been bankrupt before but now are financially stable. The judiciary plays a huge part in ADR process. The bench encourages both of the disputing parties to settle the dispute in a right way through the best mechanism to avoid the overcrowded court rooms that have a long list cases .this cases consists of arbitration and mediation .As many companies enter the American market they have to choose a particular foreign city to handle the resolution of disputes between the two parties.
A suitable dispute resolution procedure is known if it is good or bad from the two sides, if the dispute is well solved then, the system is right. Everyone needs justice this is why there are these cases. A good resolution center is where the two parties agree on what to give and on what language to use.
A legal aid bill is a provision or assistance to the people that are not able to afford the legal representation and cannot access the court system. The judicial system is costly and some people don’t have the money to involve in it. The legal aid is a way of promoting justice, and that is by ensuring that equality is maintained before the national law and free trial is conducted .the lawyers bill legal aid is the only work they have done basing on their cases fees and rates. All this are written in a document called the legal aid. By promoting ADR, the legal aid bills will be reduced, and this will favor those people that are financially unstable. In every dispute that concerns financial issues, a policy has to be made, and this policy is the ADR, which will help to solve the conflicts in a right way and reduce the high costs that are needed by the courts. Many lawyers take advantage their clients because the ADR policy is not there and by this, the customers will fall in a situation where they cannot comment on anything because the lawyers are responsible for everything and they know the law more than the clients. But due to an emergence of ADR, the customers have taken another path of solving their disputes in a right way without involving the courts.
The use of ADR has also reduced the enforcement problems in the courtrooms or reducing court expenditure on personnel. Before the application of ADR, the people used to suffer very much due to high costs in the courtrooms and also some enforcements problems, but this has come to an end when ADR is applied. Not every criminal can pay his or her lawyer. And by the same crime does not mean that even the politicians that are arrested are not criminals, according to the law, everyone that has violated the law is regarded as a criminal no matter how superior he or she is. Clients used to pay significant amounts of money to their lawyers in order to be saved out of the land of justice. But everyone should be equally treated that is why the ADR is favorable to all the people because it does not favor any individual; if one is financially unstable; this is the best way to solve a dispute. Sometimes a guilty person can be locked up in jail just because he or she got no money to pay a lawyer, and this is very unfair and also against the law.
Civil justice is a situation where one issues someone in the public court, for him or her to be compensated for something or because someone has caused harm to him. This is the best way to seek justice instead of committing criminal activities that might lead you to jail. If a person is injured by another he or she should not revenge, the best solution that is accepted by the law is going to a civil court and reporting the case. But when one takes the law into his or her hands defiantly he or she will end up in jail.
When comparing the two, civil justice and ADR they are entirely different because one involves attending of cases in the courtroom, where the judge and the lawyers are present, and the other requires a peaceful negotiation between the two parties. ADR is the best solution between the two. Solving of cases through ADR promotes justice because according to the law justice is gained when both sides feel comfortable or if their solutions are addressed the right way. And in this case, ADR meets the definition of justice because each party reveals what it feels about the other. Civil justice will involve lawyers, and this will be a significant disadvantage to those clients that are financially unstable. Justice is not obtained here; the judge will not know if the person is financially unstable e he or she will only go by the majority that wins the case.
According to the past court rulings, ADR is the best dispute resolution compared to court litigation. The advantages of ADR is that; the two parties are free when expressing their issues, and this is because there is no pressure from the judge or the lawyer of the opponent, one takes his or her time because there is no hurry every issue is listened, detail to detail. When compared to court litigation, one is given a certain period to express his or her issues, and some people are slow talkers, this will be a huge disadvantage to them because they will take more time than required and hence they fail to state their intended issues. Another advantage is ADR is much cheaper than court litigation because one will not need a lawyer and also one will not pay the court fee. Another advantage is that it is the most simple way to solve the dispute because it is free of which language to use if the two parties are from the same tribe they can use their mother language if one of them is not good in English. Whereas in court litigation one must use English for all the members of the court to understand.
ADR can be done anywhere; this is another advantage because it does not involve large numbers of people it only involves the two parties and the one who is guiding the dispute resolution. Court litigation it must be done in a court room.
The ADR also has some disadvantages compared to court litigation. Sometimes quality is needed, and some cases are huge to be done in ADR, so the best dispute resolution way is through court litigation some of those cases include rape and murder. These are the two cases that are very strict because the reward is always suicide or 100 years in jail which is compared to the death sentence. Another disadvantage is the lack of documentation, every case needs to be recorded in the event of a usual occurrence in the future, e.g. the parties might meet to argue again over the same issue, and the lack of documentation will favor the person who is guilty. This is why court litigation, in this case, is good because it keeps records of all the cases that happen in the court room.
Question 2
Legal issues are critical in every company. A company that has no legal issues is compared to a state without a president or a sheep without a shepherd. As a manager of a company, one should guide his or her workers well so that they can together improve the business. Cambridge is one of the towns that have many businesses, and it needs hard work to compete with other societies, and by this legal issues should be instituted in the company. Having a total number of 250 members of the staff is not very easy to manage, this is because some are very ignorant and some of them do not care about the gross of the company. To fulfill this legal issues have to be instituted in the enterprise.
Legal matters are those issues that are ethical, issues that every employee in the company must follow to be involved in the improvement of the business. Not all companies are successful but some are, and this is because they set up good rules for the company and set up right ethical, legal issues that are equal to everybody. Companies make the rules, but it is the responsibility of the workers to follow the rules and keep them as their daily obligations. Some of the legal issues that should be instituted in a company include the following;
Define relationships with the company members
This is one of the relevant legal issues that a good company must have. The connection in the business is significant. There can be the good relationship or bad relationship. A good company always wants a good relationship with its members. This is the first stage to build a good company because without healthy relationships in the business there is the high possibility of the company falling. One should make sure that the connection between the workers is good and also the relationship between workers and the managers are good. In this case it seems that the relationship between Lucy and Kyle is not good because, Kyle did not look at the conditions at which Lucy was in and hence went straight and dismissed her from her position in the company, this type of relationship will end up making the company fall because Lucy played a huge part in development of the enterprise for the last four years.
To solve this company should build right relationship paths between the employees and their supervisors to avoid the fall of the enterprise. Also to create healthy relationships the manager should define the ownership of the company, the employment and also the partnerships of the enterprise. And also he or she should always sign an agreement with the employees. Another thing that will improve the relationship in the business is respect, this is the key aspect, without respect, and there are no real relationships. Healthy relationships start with respect. E.g. if Kyle had respect for Lucy, the relationship between the two would be perfect, but because the relationship was weak, it caused the dismissal of Lucy from her position.
Late payments
This is one of the issues most employees do not want to experience because they will lose the morale and the quality of work will go down. A good company that wants to maintain its workers and partners always must pay its employees on time and in full amounts. Late payments are one of the legal issues that most companies face, from their contractors and sub –contractors. The key problem players, in this case, are the contractors and the sub-contractors because if they delay the payments, definitely the company will delay the payments to their workers. Everyone must be paid for his or her work and no one wants his or her payments to be late because everyone got a budget for a year or a month so if payments are delayed definitely the budget will be unstable and can cause many problems since the worker maybe had a loan, and this can cost him a milestone .This problem of late payments can e solved very quickly and efficiently by small claims court systems.11%of Many businesses all over the world fall because of late payments because there is no way a company can alter its monthly budget or monthly calendar just because of late payments from the contractors. This should be taken into consideration as everyone wants to earn.
Taxes
Before everything the only thing that one must consider is taxes, a good company must pay its taxes early. About 9% of the enterprises in the past years fell terribly because they faced problems concerning taxes, and because of this they made charges one of the major legal issues in the global market. Some of the big companies globally do not face this problem, and this is because they are well managed, and they pay their taxes on time to avoid the closure of their businesses. A country like the United States of America is very strict on taxes, if a company does not pay taxes, it is most likely to be closed. Being a manager one should make should that the taxes are paid first. This is why American companies are the most improved because they manage to pay all their taxes on time, without making it a legal issue. A company should register with the Cambridge tax authorities and should take proper care when coordinating the company’s accounting procedures.
Employment
Every company that has more than 100 employees should reflect the best and proper regulations of the employees. That is employee relationship. Having 250 employees in a company means a lot, and as a manager, one should consider the employee to employee relationship. A company should make sure that it seeks a legal advice to make sure that the employment contracts reasonably comply or relate well to the national government employment laws. If the relationship is not okay and perfectly outlined, there will be some of the problems such as unfair dismissal as it happened to Lucy, being dismissed by Kyle just because he had not read the employment contract for Lucy. Lucy had an obligation to sue Kyle because his job contract was misused and not followed and the condition that day was unexpected so that anyone could have understood it. According to the Forbes survey, in 2015 about 8% of the companies globally tackled this type of employment issues. And this makes it one of the most common legal issues every kind of business must be aware of.
Contracts
The contract law in a company forms the basis of any other legal relationship with a company. Every employee in a company is protected by his or her contract because the contract is legal. According to the survey, about 7% of the businesses had contract issues in the past years. If an employee manages or draft6s his or her contract well it will save him out of trouble in the future years, and in this case, it is very advisable for every employee to have all kinds of legal agreements and all of them must be checked by a solicitor. To have a brighter future ahead, one must take this into consideration because this is one of the common legal issues that every business, must try to avoid.
Intellectual property
If a person develops new products or new contents into the market, that is regarded as intellectual property, and undoubtedly, he or she will face one of the most common issues which are IP issues. Every business must protect its identity and also its ideas. According to a survey, in the year 2015 and 2016 5% of the companies faced IP issues that were related to their thoughts and products. It is essential to protect one’s intellectual property rights because it can lead to one being locked in jail. Because it will be taken as a copyright issue. A business identity can be well protected using a trademark. Brands include names, designs, and logos. Some of the biggest companies globally have these trademarks to protect themselves from these issues, e.g. Microsoft Corporation.
To avoid this common legal matters, one has spoken and consult a legal expert that will explain detail in detail on how to avoid the issues. This is the best way because there is no other way one can know that his or her business is clear and is well protected.
Conclusion
ADR is one of the best ways of disputes resolution. Many people will consider it because it has no strict rules, just the two parties will make their own rules, in simple no one owns the rules. On the other side, a good company must learn on how to avoid common legal issues or else it will end up falling. Legal issues are always solved legally.
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