Business Law Essay Example | Topics and Well Written Essays - 1500 words - 4

Business Law - Essay Example This method of justice strives to create an alternative forum away from the Courts which is more relaxed in nature, which allows for a more chilled out atmosphere and where the procedural importance given to the cases is reduced in order to allow the human touch a greater importance. Following is the definition of Alternate Dispute Resolution: â€Å"Procedures for settling disputes by means other than litigation; e.g., by arbitration, mediation, or minitrials. Such procedures, which are usually less costly and more expeditious than litigation, are increasingly being used in commercial and labor disputes, Divorce actions, in resolving motor vehicle and Medical Malpractice tort claims, and in other disputes that would likely otherwise involve court litigation.†1 Reading and understanding from the above definition, it can be interpreted that ADR is an alternate mechanism for justice which is less costly and more expeditious. Alternate Dispute Resolution consists of Arbitration, M ediation and Conciliation. Arbitration is a process by which the parties to the dispute appoint an independent Arbitrator who judges the case for the respective parties. This independent arbitrator is appointed on the behest of both the parties. Once the arbitrator is decided, the venue for the arbitration depends upon the parties to the matter. ... These systems envisage a concept where the parties mediate and conciliate with the other parties on their own without the admission of an arbitrator. The process of Mediation and Conciliation is considered to be more in the zone of a personal conversation rather than a legal case going on.2 The idea of ADR has always been to allow a more open and calm approach towards justice delivery system. And it has ben quite successful in the Europe and UK with a streamlined method of arbitration, medication and conciliation process in practice. The ADR Group is a world-renowned commercial arbitration organization, which indulges in systematic approach towards the problem solving of arbitration. ADR, thus, improves the judicial system in the following ways: 1. Less Burden on the courts 2. Less expensive than litigation 3. Less time consuming than litigation 4. Less stressful than litigation 5. More freedom to the parties to represent their case 6. Greater opportunity for the party to be heard 7. More chances of better justice delivery since every argument is taken into proper consideration Tribunals The UK Tribunal system is extremely diligent in nature. The UK Tribunal system is part of the administrative justice system, which is the place for justice delivery. It is known as Non-Departmental Public Bodies. The Tribunals take the parallel role of dealing with issues ranging to different areas of law, such as Competition Law, Environmental Law, Taxation Law etc. The Tribunals are quasi judicial bodies which are responsible for granting justice as a means away from the basic court justice delivery system. â€Å"The tribunals are managed by the Tribunals Service, which is an executive agency of the Ministry of Justice. Recently, the tribunals have been re-organized, so that