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Introduction to Law

Scenario 1

Campbell decides to sack 14 full time workers from the Health Department without severance pay. They see you and want to take action.

Introduction

As per fair work act in Australia employee shall entitled for severance payment if the employer terminate the employment. The act set the minimum severance pay that the employer shall have to pay the employee in terms of years of employment. In this scenario Campbell want to sack the 14 full time employees without severance payment. In this scenario these alternate mechanism for dispute solutions can be opt by the employees.

Arbitration

Arbitration is an effective alternate dispute solution tool. In arbitration parties to the dispute appoint an arbitrator who hears the dispute of the parties and brings them to possible solution (Binder, 2010). The solution reach by the parties to the dispute is binding upon the parties. The ruling of arbitrator is generally binding upon the parties.

Expert Appraisal and Determination

 Expert Appraisal and determination is a process of dispute resolution between the parties whereby an expert is appointed. The expert provides the fact the case and possible outcomes. The expert advice to the parties the legal effect of the dispute and possible outcomes of laws.

Advantage and Disadvantage of Arbitration in the scenario

Arbitration can bring the parties to the dispute to binding solutions to the parties. Parties to the dispute are chooses the arbitrator. The choice of arbitrator is upon the parties. The parties make the agreement for resolve the dispute (Binder, 2010). So the solution through arbitration binds upon the parties. However the arbitrator can make decision upon the justice and equity and the parties to the dispute have no right of appeal.

Advantage and Disadvantage of expert appraisal in the scenario

The employee of the company is on strong le ........

pay that the employer shall have to pay the employee in terms of years of employment. In this scenario Campbell want to sack the 14 full time employees without severance payment. In this scenario these alternate mechanism for dispute solutions can be opt by the employees.

Arbitration

Arbitration is an effective alternate dispute solution tool. In arbitration parties to the dispute appoint an arbitrator who hears the dispute of the parties and brings them to possible solution (Binder, 2010). The solution reach by the parties to the dispute is binding upon the parties. The ruling of arbitrator is generally binding upon the parties.

Expert Appraisal and Determination

 Expert Appraisal and determination is a process of dispute resolution between the parties whereby an expert is appointed. The expert provides the fact the case and possible outcomes. The expert advice to the parties the legal effect of the dispute and possible outcomes of laws.

Advantage and Disadvantage of Arbitration in the scenario

Arbitration can bring the parties to the dispute to binding solutions to the parties. Parties to the dispute are chooses the arbitrator. The choice of arbitrator is upon the parties. The parties make the agreement for resolve the dispute (Binder, 2010). So the solution through arbitration binds upon the parties. However the arbitrator can make decision upon the justice and equity and the parties to the dispute have no right of appeal.

Advantage and Disadvantage of expert appraisal in the scenario

The employee of the company is on strong legal position. If the parties to the dispute opt the expert appraisal on the subject matter to the dispute then employees shall be in strong position. Employees can be in strong position of negotiation. Expert appraisal is not brings the parties to the solution but only represent the legal position of the subject matter.

Conclusion

The Arbitration is more effective in that scenario that allows the parties to the dispute to negotiate directly. The parties to the dispute can make their stand thorough Arbitrator. Employees can create pressure though Arbitrator as they are in strong legal position. The solution of arbitrator is also bind upon the parties.

Scenario 2

Two large oil conglomerates are accusing each other of forming cartels to try to gain an advantage over the other. In many other areas they cooperate well to run their businesses e.g. delivery of fuel, etc. They need to resolve the dispute quickly to avoid a consumer backlash that they might not be able to control.

Introduction

The parties to the dispute are misunderstood each others on same subject matter. In this scenario these alternate solution technique would be helpful.

Mediation

Mediation is an effective alternate dispute solution tool. In mediation a third party brings the parties to the dispute to the negotiating position so can resolve the dispute between the parties (Brenneur et al., 2010). The parties to the dispute through the involvement of third party can reach to an alternate solution for the dispute.

Conciliation

Conciliation is dispute solution technique where the parties to the dispute appoint a person who acts as a conciliator. The conciliator meets the parties to the dispute separately and brings them to the solution of the dispute. Conciliators acts as mediator between the parties independently and encourage the parties to the dispute to reach alternative solution of dispute (Binder, 2010).

Advantage and Disadvantage of Mediation in the scenario

Mediation is that process of whereby the parties to the dispute reach to the solution by involvement of third party. The two companies can appoint an expert for resolving the matter. They can take the matter to the mediator and can resolve the dispute by proper mediation and negotiation (Brenneur et al., 2010). However the session of the mediator can be adjourned intentionally by one of the party that brings the late solution of dispute.

Advantage and Disadvantage of Conciliation in the scenario

Conciliator can find out the position of the parties and objective of the parties more effectively. As conciliator meets both the parties to the dispute separately that brings confidentiality of the dispute. Conciliator can bring parties to the dispute to effective solutions by analyzing objective to the issue (Binder, 2010). As conciliator meets both the parties separately it able the conciliator to understand the stand of the party as oppose to another party. As there are no direct negotiations between the parties conciliator can be fails if one of the parties is not nod to the solution of conciliator.

Conclusion

In this scenario Mediation is better option of dispute solution as the parties to dispute can mitigate the misunderstanding more effectively through third party involvement.