Evaluating Different Alternatives for Managing Resources in Business

Managing Resources in Business Context

Report on Managing Resources in Business Context

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TABLE OF CONTENTS INTRODUCTION ...........................................................................................................................1 Critically evaluating different alternatives to the civil court actions for resolving the civil court disputes ......................................................................................................................... 1 CONCLUSION ................................................................................................................................4 REFERENCES ................................................................................................................................5

Report on Managing Resources in Business Context

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INTRODUCTION Different types of conflicts arise between the individuals while working within the organization (Allison, 2013). It is due to the presence of given aspect, is a need of managing human resources arises in front of the manager. In this context, the study will showcase the merits and demerits of different alternatives to the civil court action to the businesses which can be used by them in order to resolve conflicts of the firm in an effectual manner. Furthermore, with an aim to depict the effectiveness of the different alternatives varied examples will also be drawn.

Critically evaluating different alternatives to the civil court actions for resolving the civil court disputes As Kelly, Hammer and Hendy (2014) have said that relying on court for resolving the conflicts or disputes which arises within firm is not an effective method. These authors have also said that the long procedure of court heighten the degree of conflicts between the parties rather than resolving it. In addition to this, time is another most important factor which depicts the ineffectiveness of litigation when it comes to resolving commercial disputes. In this context, it has seen that each firm require that its disputes with other party must be resolved within a very short period of time (Menkel-Meadow, 2015). This is because; if this does not happen then in the given circumstance the smooth working of the firm will be impacted in a negative way. Due to this, the sales and profitability condition of the firm will also be impacted. In addition to this, the brand image of the company will also be hampered if commercial disputes will be taken in court for resolution. Thus, different alternatives to civil court actions are far better than that of court.

However, the detailed explanation about the different means is depicted in below.

Arbitration Arbitration is a situation where third party will be appointed to resolve the conflicts between parties. The person will be appointed by both the parties who have some conflict and is known as arbitrator (Arbitration, 2016). Arbitration is a formal process as compared to mediation. Arbitrator will make the final decision after hearing both parties’ viewpoints and parties are bound by the decision of the arbitrator. Thus, arbitrator will be treated as a private judge for both the parties. Procedure of arbitration is administered by appointing arbitrator and it is subjected to the contractual and regulatory norms. In accordance with the provisions of

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English law, arbitration can be in written or in the oral manner. However, in verbal agreements, there will be implied applicability of norms of Arbitration Act. One of the most significant benefits can be gained by the parties by using the arbitration as the process for resolving commercial conflict will be no loss to firm's reputation. This is because; by using the given proceedings the issue can be hidden by the corporation from media.

In addition to this, saving of time and money is another most important benefit which can be gained by the firm if given process is used for resolving the conflicts. In this context, it has been seen that an individual has to spend lots of money if cases will be confronted in front of litigation. However, it has been evaluated that for the parties it becomes very difficult to overturn the decision which is being taken by the arbitrator. Thus, here parties have to accept the decision whether they like it or not (Pruitt, 2013).

The same thing is also being seen in the case of West Tankers Inc v Allianz Spa. In this case, West tanker is claiming insurance from the company due to the collision of vessel.

However, insurance company has denied for the claim as being put up by the West tanker. As a result of it, both parties have taken the decision to confront the given case in front of arbitrator.

But, the insurer has brought the given case in front of Italian court also. Here, both the parties are using both method of resolving their disputes. However, the decision of arbitrator has come first and here it has declared that West tanker will not be held responsible for the collision. This is the negative declaration and can be enforced under section 66 of Arbitration act. Thus, if any contradictory decision will be occurred in the Italian court law then it will not be considered as applicable. Thus, both parties are obliged to follow the decision of arbitrator.

Mediation Mediation is the type of voluntary process in which a mediator who is impartial to both the parties will be appointed with an aim to resolve the conflict which occurs between the parties. Here, mediator does not enforce its decision upon the parties but it facilitates the negotiation between the parties. The process starts with the description wherein mediator describes all the procedures and ground rules related with the case. Here, mediator adhere the problems of both parties in front of their respective attorney (Zhang and et.al., 2012). The advantage of mediation is that it tries to create or develop the win-win situation for both the parties. In addition to this, mediation is quite flexible in comparison to the litigation. However, it has been critically evaluated that the mediation does not possess any formal discovery procedure.

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Due to this, in some cases issues will be result as unsettled. The given thing is also being seen in the case of Leicester Circuits Limited -v- Coates Brothers PLC. In the given case, Coates has pulled out of mediation two days beforehand after making decision to mediate. This is because, parties have argued that mediation often result into unsettlement of disputes. Thus, at last in the given case the decision is taken by the court of law. Furthermore, the mediation also lacks constitutional and procedural protection.

Negotiation It is being regarded as one of the most basic mean of setting the commercial disputes which is being occurred between the parties. In addition to this, the given type of method is also being practised by many firms or individuals in order to resolve their issues. In negotiation, parties have the authority that whether they want to negotiate on issue on their own way or they can have the chance to appoint the appropriate attorney for the same in an effective way. In addition to this, the given method of setting the dispute can be used at any phase of conflict.

Getting the quicker result and saving the time of party are being regarded as two most essential advantage of the given method of resolving the disputes. However, sometime it has seen that the use of negotiation by the parties makes the bad situation more worst (Johnston, 2013). As a result of it the issue which occur between the parties will remain unsettled. The negotiation has proved effective in the case of Wilson v United Kingdom [2002] ECHR 552. In the given case, Mr Wilson is discriminated by its employer. Here, Mr. Wilson is getting fewer wages in comparison to the workers who have signed the individual contract of the firm. Thus, Mr Wilson has confronted the case in front of the trade union and thereby it got positive result. Here, union has used the given act (Trade Union and Labour Relations (Consolidation) Act 1992) in order to give protection to Mr Wilson.

Besides this, there are some similarities and differences being assessed between all the given methods of settling the commercial disputes. The major similarities which exist between all the given methods are that they all possess a very less formalized process. In addition to this, by using the given method cost effective advantage can also be gained by the firm in an effectual manner. Getting the quick solution to the dispute is another similarity which exists between all the given methods.

However, instead of presence of given similarities there are some differences which is being found out between the given methods (Burger, 2014). Here, one of the most significant Get top quality business assignment writing services in UK. Hurry Up! To avail best discount on business assignments.

differences which exist between arbitration and mediation process is associated with the decision. In the case of arbitration, arbitrator makes the decision which needs to be followed by both members of parties. However, in the case of mediation both parties take the decision. The arbitrator which is appointed by the parties must be lawyer. But, such types of situations are not seen in the case of negotiator (Chen, Wang and Huang, 2014). This is because; here negotiator can be both lawyer and the individual who do not have any legal background.

CONCLUSION It can be stated that all the given methods of setting the commercial disputes are better and effective than litigation. This is because; it helps parties to resolve their conflict in a faster way. However, among the given method arbitration is more effective approach. This is because; it possesses very formal process of resolving the conflicts between the parties. Furthermore, here parties have the guarantee that their issue must be ended with an effective solution. Overall, it can be said that with the help of these given methods employees of the firm can be managed in an effectual way.

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REFERENCES Books, journal and online ⚫

Allison, J., 2013. Research Guide-ADR Research: Arbitration, Mediation, Negotiation, and More. Harvard Law School.

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Arbitration. 2016. [Online]. Available through: definition.html>. [Accessed on 4th January 2015].

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Burger, W.E., 2014. Using arbitration to achieve justice. ADR, Arbitration, and Mediation, pp.352.

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Chen, L., Wang, W. and Huang, B., 2014. A negotiation methodology for multidisciplinary collaborative product design. Advanced Engineering Informatics. 28(4). pp.469-478.

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Johnston, B.M., 2013. Dispute Resolution In The Northwest. Pepperdine Law Review. 14(4). pp.8.

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Menkel-Meadow, C., 2015. Mediation, arbitration, and alternative dispute resolution (ADR). International Encyclopedia of the Social and Behavioral Sciences, Elsevier Ltd.

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Pruitt, D.G., 2013. Negotiation behavior. Academic Press.

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Zhang, C. and et.al., 2012. A negotiation-based multi-objective, multi-party decision-making model for inter-basin water transfer scheme optimization. Water resources management.

26(14). pp.4029-4038.

<http://www.hg.org/arbitration-

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