Arbitration is a method of alternative dispute resolution which involves submitting a dispute by agreement of both parties to one or several arbitrators to make a standard solution to the problem (Gearey & Morrison, 2013.
The trial court is the first court where cases start, and it is where both sides present their evidence about an issue to a single judge. Trial courts have a jury who helps to decide the cases.
The appellate court is a superior court where the lawyers argue legal and policy issues before a judge or judges without providing evidence or witnesses. There are five judges in appellate court, and there is no jury.
How Can You Reconcile Traditional Litigation With ADR?
ADR should only be an alternative solution in cases where the parties decide not to pursue their case using traditional litigation. The courts may grant the parties to use ADR if the case does not meet the courts threshold thus the link between the two legal channels can be utilized to ease cases in courts.
What Is Alternative Dispute Resolution (ADR) And Is It Fair To Force A Party To Keep You Out Of Court If You Have A Right To Your Day In Court?
Alternative dispute resolution (ADR) involves a process or processes which offer people an opportunity to resolve legal issues without taking the matter through litigation in courts. Examples include arbitration, mediation, collaborative law and negotiation (Gill, Williams, Brennan & Hirst, 2014).
It is not fair to force a party out of court if he/she has the right to do so. ADR was designed only to be a substitute to litigation in courts so if a party decides to use courts instead of ADR; he/she should not be forced to use an alternative solution.
How International Law Could Affect How You Would Conduct A Global Business In The International Marketplace And How You Would Manage The Risk Created.
International law provides a situation which a business must work within a legal structure. The law will address the ethical issues affecting my business operation such as sales standards and dispute resolution (Nollkaemper, 2014). To manage the risk, I will develop a business policy which meets the international standards and requirements to avoid legal issues.
How the Law Impacts All You Do in Work and Life
Laws can work for or against you in daily activities since they are designed to provide a fair justice to any person living under it. The common or civil law mostly affects people in day-to-day activities because it is designed to regulate humans and also between humans and objects. The laws could impact me negatively if I break it or positively if someone violated my rights.
Laws Moral Implications and Its Social Responsibilities to How Business Should Operate
The laws help to create a conducive business environment where the actions of each business person benefit the whole society. This has impacted businesses by balancing their economic growth and societys welfare as well as environment. The laws governing business ventures force the business people to conduct their businesses legally and within certain regulation and standards. This impacts on the quality of their product and services positively (Carroll & Shabana, 2010). They will practice honesty through selling genuine products and services in the market because they confine them to be responsible for any negative business impact in the society.
Gill, C., Williams, J., Brennan, C., & Hirst, C. (2014). Models of Alternative Dispute Resolution (ADR): A report for the Legal Ombudsman.
Nollkaemper, A. (2014). The duality of the direct effect of international law. European Journal of International Law, 25(1), 105-125.
Carroll, A. B., & Shabana, K. M. (2010). The business case for corporate social responsibility: A review of concepts, research, and practice. International journal of management reviews, 12(1), 85-105.
Gearey, A., & Morrison, W. (2013). Common law reasoning and institutions. University of London, International Programmes.
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