The Purpose of Alternative Dispute Resolution - Term Paper Example

Evaluate The Purpose Of Alternative Dispute Resolution (ADR) And, With Particular Reference To The Services Provided By ACAS, Assess To What Extent It Is A Successful Means Of Resolving Disputes Outside The Formal Judicial Process. - Explain Why Table of Contents Introduction 3 The Purpose of ADR in Supporting to ACAS 4 4 Critical Analysis 6 Successfulness of ADR in Resolving Dispute 7 Explain Why European Law Take Precedence over Domestic Law in the United Kingdom 9 Conclusion 12 References 13 Introduction Alternative Dispute Resolution (ADR) refers to resolving disputes also known as external dispute resolution and appropriate dispute resolution as it is settled outside the court. Alternative Dispute resolution involves the process as well as techniques of dispute resolution for people, for better life of people. ADR also involves in the forms of arbitration, mediation, negotiation and conciliation for deriving better output. Arbitration and mediation are the common forms of ADR but always negotiation is used first to resolves the disputes. Negotiation helps the parties to meet their requirements by controlling the process and settling the disputes as per best way. In mediation form, mediators are the individual who bring both the parties together for resolving the dispute so that proper output is derived (USAID, 2015). In arbitration, there is a third party, who works as a judge and imposes the resolution. With the help of conciliation, parties can attain the less expensive as well as simple resolution of the disputes among people. ADR method is a beneficial method for the parties to resolve the dispute because this method is less expensive as well as it will take less time to solve dispute. By implementing the ADR method, ACAS organisation can easily solve the employment related disputes. This method implies that the disputes will be addressed outside the court. In this context, Advisory, Conciliation, and Arbitration Services (ACAS) are an organisation developed to prevent as well as solve the employment disputes. This organisation provides services to the parties through several forms ways of alternative dispute resolution to provide a better environment to people (ACAS, 2012). This paper intends to explain about the concept about the ADR and ACAS along with the purposes of ADR in supporting to ACAS. This paper also deals with the case law related to the resolution of disputes and the critical analysis based on the arguments that ADR can be benefited for ACAS or not. The Purpose of ADR in Supporting to ACAS Alternative resolution can be defined as the method, which helps parties to resolve their disputes through the four forms. The four forms of ADR are negotiation, conciliation, mediation and arbitration among others. ACAS is a type of organisation, which also work on the prevention as well as solution of employment related to the issues. ACAS also provides guidelines to employers as well as employees to resolve employment related disputes and make them realise the importance of employment rules and rights. To make the resolution work successful and effective the council of ACAS should implement the ADR method. ADR can be effective for the ACAS organisation as it provides counselling and negotiation for better results (USAID, 2015). The objective of ACAS is to provide the best services to employees and employers by delivering resolution about their disputes, so that the issue is mitigated outside the court. On the other hand, ADR method is also used for resolving disputes of parties through negotiation. Therefore, by implementing ADR method ACAS can improve their strategic planning and strategic direction to achieve the organisation goals by enhancing the well-being of employees. Moreover, incorporating the ADR method is relevant as the cost involved is low than the processing of court and it takes less time to provide services regarding issues. ADR provides services to the parties with the help of third parties, it provides long lasting as well as flexible services, wherein both the parties are heard and then a decision is framed. ADR process can be a successful for ACAS organisation because by implementing this ADR process the organisation can develop new strategic planning with a less expensive price to achieve the organisational goals. However, as aforementioned ADR process or techniques involves four forms and with the help of these four forms, ADR provides simple and quicker solution to the parties for the benefit of both the parties (USAID, 2015). By using ADR process ACAS can provides services to employees and employers based on the requirements of parties. ADR process can be effective for the ACAS organisation because this process is not complicated as the court process. One of the major reason for ACAS to choose ADR is that the services and policies used as a resolving tools are kept confidential between the both parties and the third parties through which the disputes can be solved. Another purpose of ADR in supporting to ACAS can be that it helps in saving time as well as money during the time of resolving employment disputes. Four form of ADR process has their own benefits through which this process provide the effective solution to the parties (USAID, 2015). Arbitration and mediation are the major forms of ADR because both forms play major role in providing simple and quicker along with the long lasting solution. ACAS also provides best solution to employees and employers with the help of arbitrators, so that both the parties are satisfied with the solution provided. Therefore, the uses of ADR process are ACAS is effective for delivering solution about disputes for the improvement of organisation working environment to attain the objectives of the organisation. With the help of ADR process, council of ACAS organisation can provide better legal decision related to employment disputes. By applying ADR process, council of ACAS organisation can improve their investigation about both the parties so that they can assess the dispute effectively and provide better solution to resolve dispute using the technique of negotiation. By implementing the ADR techniques, ACAS organisation can use the mediation process to solve issues related to the business as well as employment disputes, which is one of the forms of ADR process. Now mediation process has been widely used in several areas because in this form a neutral third party takes effective decision by creating mutual agreement for both the parties (Law Reform Commission, 2010). Critical Analysis ADR is implemented when the parties engaged form disagreement and arise conflict amid them. The reason for the dispute within the parties is due to the differences in the viewpoints. Moreover, it is observed that the dispute within the organisation is escalated when managers are unable to resolve the issue. Alternative dispute resolution has several positive impacts on ACAS for resolving the employment disputes along with certain disputes also. The policies of resolving issues are vital for the progress of every organisation. By implementing, the ADR the council of ACAS organisation can provides better as well as effective solution to parties for resolving the disputes without going to court. The positive impacts or influences of alternative dispute resolution on ACAS organisation can be the cost effective decision related to the various types of disputes through which the company can save money and can utilise this for another purpose. It is evitable that ACAS provides information to employees and employers as per the employee law for better workplace environment. However, whenever companies’ faces issues conciliation is provided in order to resolve the issues for greater effectiveness. It can be critically stated ACAS provides value and proper training along with advise to employees. On the other hand, the negative impact of ADR can be cost of arbitration as it is highly expensive, which is one of the forms of alternative dispute resolution. The decision provided by the ADR is the legal decision but the negative impact is that there is lack of protection of court (Law Reform Commission, 2010). Another positive impact of ADR is that the system of ADR remains confidential but sometimes it cannot be effective due to insufficient information about the strength as well as weaknesses of the disputes. Both parties can co-operate with the work of ADR by resolving dispute and accepting the agreement rather than rejecting the agreement. ADR process is better to resolve the issues between parties and to settle the issues outside the court. Through ADR, technique mediator can resolve the disputes outside the court by bringing both the parties together. However, ADR is the most effective technique for the parties to resolve the several disputes related to the financial disputes, commercial law disputes, construction and insurance disputes. ADR can also be effective because it provides long lasting solution after conducting better investigation about the disputes such as the strengths as weaknesses of the disputes (Law Reform Commission, 2010). Another positive impact of ADR is court also support the decision therefore, parties are more satisfied with the decision provided by the alternative dispute resolution. Organisation takes into consideration the policies of ACAS and ADR to foe quick solution and greater effectiveness. With the help of government, better solution can be provided to the disputes amid employees and employers outside the court (Mistelis, 2003). Successfulness of ADR in Resolving Dispute ADR is successful is resolving the dispute taking into consideration the help of government. ADR also gets the support of court during the time of resolution of dispute therefore; the decisions provided are effective and regarded as legal. Due to the support of court and government, several cases have been solved by the alternative dispute resolution. Several cases are consumer dispute case, community dispute case and commercial dispute law case. These disputes are the major disputes of society as well as organisation. ADR also increases the area by providing the legal solution for greater acceptance. ADR is termed successful as it solves the disputes in front of mediator, third party and both parties of the case within a stipulated time (Law Reform Commission, 2010) Another reason for the success of ADR is that it resolves disputes using four types of ADR through which it provides better solution to parties related to their disputes. ADR provides quick result with the support of court therefore; most of the parties prefer ADR process rather than court process for resolving disputes. One of the major reasons of successfulness of ADR is that it always focuses on the concept of “access of justice” for every people (Sinha, 2015). With this concept, ADR can easily resolve the dispute along with co-ordinate the relationship of both parties for effectiveness. Alternative dispute resolution is successful because third party involved considers both the parties activities and provides decision without being bias. The other reason of successfulness of alternative dispute resolution can be the ADR technique as it brings additional benefits along with the resolution of disputes, which are not included in litigation process such as fix up meeting between both parties at the time of deliver apology to the parties. ADR have the ability to improve empowerment of mediator and arbitrator who are involved in the process to make their decision most effective as well as efficient (Sinha, 2015). Explain Why European Law Take Precedence over Domestic Law in the United Kingdom Principles of national as well as international law joining are significant for further development self-determination. The European law is the principles of 28 European countries, which have to be followed by people of European countries for greater effectiveness. The major objective of European Union is to influence human rights by providing equal opportunities to every individual. Therefore, to improve the human rights in the European countries European law take precedence over domestic law in the United Kingdom for sustainability and reliability (Peters, 2009). United Kingdom is the member of EU based on the population as well as economy. Therefore, European law can take the preference over domestic law in the United Kingdom for resolving disputes. Domestic law or international law has been applied to resolve the conflict of the community. Due to several conflict ‘European Law take the precedence over domestic law in the United Kingdom’ to protect the fundamental rights and parliament of European Union Supreme. Other reason is to take the supremacy over domestic law in the United Kingdom is to make the European law best as well as supreme. The sources of the European law are the legislation as well as treaties that have direct and indirect effect on the domestic law of member states (Peters, 2009). Logically the European law is regarded as the best but there are need development in the European law. Therefore, to develop European law as well as parliament and make powerful laws it essential to take precedence over domestic law in United Kingdom. The major aim of the European law is to discourage conflicts among the national laws as well as the laws of European countries. As per the constitutional court of German European law the power to protect essential rights of human through which EU can provide equal rights are important aspects for consideration. In this context, it is worth mentioning that any domestic violence-taking place after the enactment of legislation had an impact on the European community law. Contextually, as per the Poland constitutional court of European law have the authority to dominate the statutes but cannot dominate the constitution. If there is any conflict among the European law and the constitution then Poland take the decision to resolve the conflict independently (Genn, 2014). The court in the United Kingdom has the power to present the actions of parliament when there is a conflict within the European law. Therefore, it is essential to take precedence over domestic law in the United Kingdom to reduce the negative issues and resolve the conflicts. Resolving disputes by considering various aspects is important and therefore European law has taken up the priority. As per the government of European countries, it is observed that they want to make the European law best as well as supreme to reduce struggles for the development of the European countries. European law take the precedence over domestic law in the United Kingdom to provide right judgement as well as decision for any type of cases including the safety and security of human being for better output and effectiveness. Human rights and security are essential for the development of European countries along with resolving the conflict (Genn, 2014). It is evident that European law is regarded as a part of the UK law in order to reduce and mitigate disputes though effective steps. Contextually, from the analysis it is noted that national court such as UK court can protest the law for better output and result. With regard to the law, it can be stated that there are certain cases where ADR has been used to resolve the disputes such as “conciliation in unfair dismissal cases” and “mediation in divorce cases”. The reason of resolving unfair dismissal cases with the help of conciliation is that through conciliation process parties get the opportunity to discuss with the conciliators about the problems of the case. Conciliators also can provide information about the strength of their cases. Therefore, in this case ADR can be effective process to resolve the dispute. On the other hand, other case is divorces where ADR is also required to solve the issue. Success of divorce case depends on the co-operation of both parties, neutral judge and lower stressful environment, which can only be possible through the help of mediators. Mediators are bringing both parties together for the settlement of disputes based on their requirement of parties (Craig, 2009). The issues disputes related to domestic violence and other damages implement ADR for effectiveness, which is further monitored through legal laws. Conclusion From the above discussion, it can assess that alternative dispute resolution is a process or method, which is used to resolve various types of disputes. There are several cases where ADR has been used to solve the problem such as divorce case. On the other hand, ACAS is form of association, which can resolve the employment dispute with the help of council. There are certain benefits as well as positive impact through which ADR can be effective as well as successful. By using this method, ACAS organisation can improve their level of decision related to employment dispute. By applying ADR process, ACAS organisation can also save money because ADR process is cheaper than the other process or the court process. One of the most important impacts of ADR process is the information of the case is limited to the third party or judge who provide the decision, mediator who brings both parties together for the settlement and both parties who file the case for the settlement. From the above discussion, it can be concluded that alternative dispute resolution is a successful process for the organisation and for parties in resolving the disputes. References ACAS, 2012. Advisory, Conciliation and Arbitration Service (ACAS). Annual Report and Accounts 2011/12, pp. 6-51. Craig, M., 2009. Do you think that the Court Offer the Best means of Solving Dispute. Peter Jepson, pp. 1-7. Genn, H., 2014. Common Law Reasoning and Institutions. University of London International Programmes, pp. 10161. Law Reform Commission, 2010. Alternative Dispute Resolution: Mediation and Conciliation. Report, pp. 1-197. Mistelis, L., 2003. ADR in England and Wales: A Successful Case of Public Private Partnership. ADR Bulletin, pp. 1-3. Peters, A., 2009. Supremacy Lost: International Law Meets Domestic Constitutional Law. Articles, Vol. 3, No. 3, pp. 170-198. Sinha, B. S., 2015. ADR and Access to Justice: Issues and Perspectives. Madras High Court, pp. 1-20. USAID, 2015. Alternative Dispute Resolution Practitioners Guide. Introduction: Purposes and Use of Guide, pp. 1-48. Read More