This document discusses various alternative dispute resolution methods for resolving a legal dispute with an employer, including their advantages and disadvantages. It analyzes negotiation, mediation, conciliation, arbitration, and tribunals. While litigation provides certainty and precedent, ADR methods are generally faster and less expensive, maintain ongoing relationships, and have a higher satisfaction rate. For a first offense that caused minor loss, an ADR method like mediation would likely be most suitable to resolve the dispute fairly without severely damaging the employment relationship.

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Name : Wahjuda utama
Student ID : J11009594
Course : INTRODUCTION TO BUSINESS LAW I
Imagine that you have completed your degree and have started working in your
first job. Your employer has given you notice that you will be fired, due to a
mistake you made in your job, which has caused a loss to your employer. You
believe your employer is being unfair, as, even though you did make the mistake, it
does not seem to be serious enough to justify being fired.
Explain the advantages and disadvantages of solving your legal dispute with your
employer through relevant alternative dispute resolution systems and going to
court. Which method, do you think, would be most suitable for you and why?
 The working relationship is a relationship that governs / includes rights and
obligations between the workers / laborers and employers. The size of the rights
and obligations of each party should be balanced in the context of labor relations,
obligations of the parties that took place on a reciprocal basis. Between the rights
and obligations contained a very close relationship.In my opinion, there are the
advantages and disadvantages of solving an employer problem by going to court
and solving an employer problem though alternative dispute resolution system.
Advantages of solving disputes in the courts
Solve the dispute to court is usually known as the litigation. Litigation is when
parties go to court and the judge decides the case. Litigation is the most complex to
resolve the dispute. On the other hand, this is an advantage because it will handle
the case with more detailed and specific and will also be handled by qualified
professionals with a wide experience; they also have a lot of knowledge about an
issue they are working with before. In addition, decisions made by competent
which is based on facts and the law will be achieved, so that justice will prevail
(Dibley, 2004).
On the other hand, there are some types of cases that can be handled by using a
complex law and does not harm one another. For example, when they reason to
seek damages and the defendant was ordered to pay the claimant a sum of money.
A variety of different types of damage general pain and suffering a small nominal
where no actual harm has been caused for example to punish the defendant.
Another type of medication orders including orders defendant to do or not do
something, the performance of special orders defendants to complete the contract,
the cancellation puts the parties back to the pre-contract position change and
improvement documents to show the actual intent of the parties (the Ministry of
Justice, 1998).

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The legal representative also most commonly used in a court dispute. Companies
can also be allowed to help professionals in the preparation and presentation of
cases. Therefore, the client should stand a better chance that they can get a win on
their case. Other circumstances may prove to have left someone injured or even
dead. Therefore, the victim’s families will sue the company to be responsible for
replacing their losses. They will circulate the bad publicity about this company,
warn others of the tragedy that they've got to minimize the risk of what is natural to
them does not happen to others. It can also be said that it would be the best thing to
be achieved through litigation, and most people will be aware of this situation
(Mills, 1999).
There is also a clear line of appeal in the court, which must be fulfilled by people
who need justice. Permission to appeal is usually required in most of the cases. The
High Court may grant by the lower court in which a decision will be made.
Permission to appeal will only be granted where the court considers the appeal
would have a real prospect or there are some other interesting things that can
reinforce the reasons why the appeal should be heard. The use of precedent in a
court case is also very important. It can also help to provide certainty to make the
settlement. (Wiley, 1998).
Disadvantages of solving disputes in the courts
Taking a case to court can be more expensive especially if you are thinking to do
everything completely alone and did not even use any lawyer. But there is always
the risk that you will lose your case and have to pay another fee. But if you won,
you are not really able to make sure that you will be won. On the other hand, you
might not have enough money to pay the claim and refund your fee. If the case is a
little tricky, it might take a several years to complete and can cost up to hundreds
or thousands of pounds. With this kind of problems, it may be a reason that why
they have a good claim but not to take court action (Dibley, 2004).
Strict formality of the court is sometimes not seen that formality is not visible
benefits. This could potentially damage the relationship between the parties and
can complicate a simple issue. For example, two parents who are divorcing and
their fight that gets custody of the child. After the trial there will likely be a lot of
bitterness between the two parties because they are stressed because they are under
a court dispute and the decision has been made. As a result, children will also
suffer as their parents may not talk too different or do things together with the kids.
Using legal representation in court disputes can be sure that your dispute to be very
expensive because the procedure is slow and formal. Therefore, the parties not
only have to pay attorney fees spiraling costs, but also losing party to pay other
expenses. The common things that many cases get to court even though the stage
has a good case, because they cannot afford to take risks and do not get the justice
they want (Boulle, 1998)

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In addition, individuals who are not likely to be able to represent the law and are
not able to qualify for legal aid as a civil case, at least not because they are not
influenced by the social welfare. Besides that, they could face another party who
does have his own lawyer; the most likely is corporation or government
enforcement. It can be seen as an imbalance of justice.
Many people think that the use of precedent in civil cases is also considered very
harmful because of too rigid in that the Judge would be too influenced by the
previous cases, which may cause injustice to each individual. In addition, the
appeals process is also sometimes unsatisfactory because the appeals process is
expensive and slow. Unless there is a very good case of this gracious appeal that
can be received and many of the procedures that should run it like the previous
case. This takes time, effort, and money as well as Bandung is not possible
immediately given and even if it did probably would suddenly disappear again
(Oceana Publications, 2000).
Conclusion of Courts in dispute resolution
The main benefit of the litigation that is recognized by concerns the impact that
can have dispute resolution. It's actually far form the most intense and proven
resolve disputes. However, it also has the most terrible reputation for losers.
The advantage of this is that the process of the court a chance to escape. When
litigation becomes a candidate entity that is a party to start taking action to force,
most of the opposition often compromised. No party possible, in most cases, to
actually want to go through the long process into the courtroom so that both sides
tend to try to avoid this.
Moreover, if there is one party has initiated litigation to enforce, and there are
those who do not want to dispute the court, they are more likely to enjoy different
types of alternative dispute resolution, which is often called the ADR. There has
been existed shift from hostility to one of greater cooperation. It is driven by a pre-
action protocol, which the parties should use and which encourage early disclosure
of information between the parties. As a result, little can be a published claim in
court.

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Introduction
Alternative dispute resolution (Alternative Dispute Resolution) which would then
be abbreviated ADR) is a form of resistance against the arrogance of judicial
institutions are even more disappointing in practice for litigants themselves. Word
"Alternative" shows that the disputing parties are free to choose the form and
manner of what is contained in the ADR and will be selected for the resolution of
disputes. As mentioned earlier that some of the weaknesses of the existing judicial
system and often questioned the expensive and protracted proceedings, It could
also be traumatic for the individuals who are involved and cannot lead to the most
satisfactory outcome for their cases. Below, I will explain some slightly different
methods that can be used to solve the problem. These include negotiation,
mediation, conciliation, arbitration and tribunals(Dibley, 2004).
ADR (Advantages and Disadvantages)
Negotiation
Everyday life we often negotiate, either consciously or not. Negotiation we do
from small things, for example, negotiations on the market when shopping for
daily necessities up, to negotiate a more formal nature in representing the interests
of the organization, or company where we work. Formal negotiations normally we
do in our capacity as a professional organization representing us at the negotiating
table. For example, as an entrepreneur, manager, or other professionals who
negotiate formally with prospective business partners? However, a growing
informal negotiation talks are informal, in the form of certain lobbies, are also
needed to support the open road or smooth process of formal negotiations that took
place in the official negotiating table. Most of the decision-making processes in all
areas of employment both within the internal organization and with external parties
can be easily through both formal and informal negotiations are effective. Basic
Principles of Negotiation There are some general principles that underlie effective
negotiation process. However, this principle is often considered trivial and often
forgotten or ignored by the negotiators, both lay and professional. In fact, this is
often the cause of a deadlock in the negotiations so as not giving the results as
expected. One of the principles of the negotiations is the need for clarity capacity;
position, authority and the authority of the negotiator in order to effectively
negotiate a negotiator should be clear capacity and position. Same as what he
advanced to the negotiating table. Representing the organization who or what he is.
Has he been provided the authority or delegation of authority is sufficient. Or, just
come as placeholder’s only problem? Even the makers of new problems, Often
negotiations deadlocked, just because obscurity capacity, position or authority of
the negotiators. To convince the parties consulted, in certain cases, such as the case
of negotiations to seek resolution of the conflict, negotiators representing the
institution or company should be equipped with a power of attorney, or a letter of
assignment from the agency or company

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Negotiating a win-win will provide mutual benefits for the parties to work
together. Therefore, the negotiators need to understand and master the
characteristics of win-win negotiation. Its application is proper and positive will
make the negotiation process will run more smoothly and correction of the
agreement during implements relatively small, even zero. Effective negotiation is
essentially an art of problem solving how to sell the proposal, certain ideas or
proposals, to convince people to accept the idea, finding common ground and
solutions of the problems faced. All this takes place in a process. To reach a final
agreement in the negotiations, a process usually required. Not directly and
instantaneously. It is clear that free negotiation is essentially a dynamic process
that involves two-way interaction of the parties to negotiate. As a process, the
negotiations must be prepared carefully, so that the negotiation process runs
smoothly and produce a mutually beneficial agreement as expected by both parties.
Thus, the possibility of problems or conflicts in the implementation of the
agreement or the agreement could be minimum. In addition, negotiators need to
understand the stages of the negotiation process. By understanding and mastering
stage, the negotiators can undergo the process of negotiating with a more
professional, effective and smooth (Dibley, 2004).
Mediation
Mediation term comes from MEDIARE meaning at the center. Understanding the
role of mediation showed that displayed a third party as a mediator in their duty
mediate and resolve the matter between the parties. "Being in the middle" is also
significant mediator must be in the neutral position and impartiality in resolving
cases. The mediator must be able to keep the interest of the litigants fairly and
equally, thus requiring the confidence of the litigants. In terminology, the
definition of mediation is the process of decision making by the parties with the
assistance of a third party as a mediator. Broadly speaking, the notion of mediation
as a settlement performed by a third party, outside the judicial system and in the
judicial system, which was held outside the legal system are: mediation,
arbitration, and others (Jimmy, 2008)
In this case, the mediator does not have a decisive role in relation to the content /
material dispute or the outcome of dispute resolution, but he (the mediator) to
advise or specify a mediation process to get a resolution / settlement.
One scientist gives the definition of mediation as a problem-solving negotiation
process whereby an impartial outsider (impartiality) in cooperation with the parties
to the dispute to help them obtain the agreement is satisfactory. He also tried to
explore further the meaning of mediation not only in terms of language, but he also
describes the process of mediation activities, status and role of the third party, as
well as the objective of the mediation.
Scientists were clearly stressed that mediation is a process of negotiation, in which
a third party to engage in dialogue with the dispute and try to pursue the possibility
of settlement of the dispute. The presence of a third party is intended to help the
disputing parties to find a way to solve, so towards agreements that satisfy both
parties. So, in a nutshell could be described that mediation is a process of resolving

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conflicting parties to reach a satisfactory resolution through a neutral third party
(mediator).
Another form of mediation is often used in labor disputes, including mediation and
grievance mediation prevention. Mediation complaint is an attempt to ward off
arbitration through fact-finding program that ultimately aimed to promote dialogue
between the two sides. Preventive mediation date for action (1947) and is the
FMCS program is intended to avoid a deeper schism between labor and
management over labor issues. It also called for technical assistance; the program
includes training, education, consulting, and analysis of the union-management
disputes (Jimmy, 2008)
Conciliation
Conciliation is an informal process approach, flexible to resolve any complaints. it
also can be completed by sending a letter, or communicate with the commission
between the people involved. Conciliation is not listening to public opinion, or a
court of law. That means parties do not need to prove or disprove the complaint.
Instead conciliation allows people to express their point of view, by discussing the
issues in dispute and solving problems in their own way to solve it. Generally there
is no need for legal representation. However, the parties may request that the
attorney, advocate or support a conference with them. The Commission is a third
party and not blind support to the parties during the conciliation process. Their role
here is to help the parties to consider about different options to resolve complaints
and provide information on matters relating to the possibility of settlement. in
addition, they can also help write the conciliation agreement (Community Legal
Education Ontario, 2012)
Arbitration
In general, arbitration is a word derived from the word meaning arbitrate power to
get things done according to wisdom. The definition of the terminology proposed
by different scholars today although in the end has the same core meaning.
One of the scientists said that arbitration is the completion or termination of the
dispute by a judge or judges based on the agreement that the parties would submit
to or obey the decision given by a judge of their choosing. And also wrote stating
that arbitration is a process of checking conducted a judicial dispute as the parties
to the dispute, and the solution will be based on the evidence presented by the
parties.
This development is in line with the direction of globalization, where the
settlement of disputes outside the courts has become the business people to resolve
their business disputes. In addition to the characteristics of arbitration a fast,
efficient and thorough, arbitration adheres to the principle of win-win solutions,
and do not beat around the bush because there is no agency appeal and cassation.
Cost arbitrage is also more scalable, because the process is faster. Another
advantage of arbitration is that the decision immediately (final) and binding
(binding), in addition to its secret (confidential) where proceedings and arbitral
awards is not published. Based on the principle of reciprocity of foreign arbitral

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decisions involving foreign companies can be implemented in several countries, as
well as inside the country arbitral involving foreign companies will be conducted
abroad.
Other weaknesses include the potential issues from the point of law that could lead
to unexpected arise in the case, which is not suitable for the arbitrator's decision by
non-lawyers. If a professional arbitrator is used, their costs may be really
expensive. It will also be can be expensive if the court chose a formal hearing with
the state, in the presence of witnesses who gave evidence and the attorney
representing the party. Also, the limited rights of appeal delays for international
commercial arbitration and may be almost as large as those in court if a
professional arbitrator and attorney to be used.
This problem means that the delay and cost of arbitration, lost popularity itself, and
there are certain limitations, the company as a method of dispute resolution.
Another problem is the issue of arbitration has become too complex (Community
Legal Education Ontario, 2012)
Tribunals
The different with the others where the parties willing to go to court to resolve
their issues, the parties in tribunal cases can't go to court to resolve their issues.
Tribunals have been set up to avoid the overloading of the courts with the extra
cases that social and welfare rights claims generate.
For the applicant in tribunal cases, the advantages is the cases will be doing with a
little bit quickly and a bit cheaper and more informally than they would be if there
are court hearings. There is also a panel consisting of a mixture of legal skills and
expertise lie in the concerned areas.
The needs of Tribunal have occurred because of new laws and rights that have
been enacted in the last fifty years, in addition to the development of the welfare
state. There are many rights we are entitled, such as the right to social security
benefits, the right not to be unfairly dismissed and the right not to be discriminated
against. However, the new rights, which must give, rise to disputes and he felt that
the regular court system will not be able to cope with the number of cases, or
highly technical points involved. Because of this, the administration of justice was
created, which includes Social Security Tribunal, Mental Health Review Tribunal
and, perhaps most famously, the Employment Tribunal. The majority of the Court
sits in panels of three, consisting of a chairman and two-trained law lay with
specialized knowledge in the area, which offer the court. The court does not follow
a rigid pattern and there are many differences between them. However, most of the
procedures are similar to those a little less formal than court, because there is no
strict rules of evidence, even though the rules of natural justice-the idea that certain
basic rules are the basis for the decision making process, with the two main ones
being no one should be judge in his own case, and both parties have the right to be
heard (Phillips, 2000)

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Conclusion.
So what I’m trying to explain from the question above is the best way to solve a
dispute is determined by the nature of the dispute itself. There are many options
actually to solve the issues, like the courts of civil, arbitration, negotiation,
Tribunals, mediation and conciliation. But it has also the advantages and
disadvantages itself, which is not really suitable to the case that you are going to
solve.
So in my opinion, I would like to say that the courts are not the only way and the
best way to solve all the disputes. It's actually depends on the nature of the case
and the relationship between the parties, as to whether the courts would like to
offer the best means of solving their dispute and if not, The method that I will use
to solve problems and the most appropriate proficiency level for me is through the
institution of arbitration, due to faster, efficient, and inexpensive. And still have the
force of law because of the agreement and remain registered in the court of
industrial relations through the district court. In addition, Settlement of disputes
through arbitration assessed advantageous for several reasons as follows:
A. Speed in the process
An arbitration agreement must specify a time period, which is how long the dispute
or disputes submitted to arbitration shall be decided. If the parties do not specify a
period of time, the arbitral tribunal based will determine the length of time of
completion arbitration rules chosen. Several articles mentioned that in the event
that the parties have chosen arbitration event, there must be an agreement on the
terms of a long time and the place of arbitration was held and where the place of
arbitration and the time period is not specified, the arbitrator or the arbitral tribunal
itself to be decisive.
B. Examination of experts in the field
To examine and decide the case through arbitration, the parties are given the
opportunity to select the experts who have deep knowledge and a good command
of the disputed matters. Thus, given the considerations and decisions imposed
accountable quality. This is possible because in addition to legal experts, in the
arbitration body there are also other experts in various fields such as banking
experts, leasing specialists, experts chartering, air freight specialists, marine, and
others. As known in the examination proceedings in the court there is a possibility
the judge did not control a case that is highly technical. This is because most of the
judges in the court have the same background, which comes from the law, so that
they only have a general knowledge of other areas and it is difficult for them to
understand the technical things more complicated.
C. The nature of confidentiality
Examination of the dispute by the arbitral tribunal is always done in a closed-door
trial, meaning not open to the public, and the decision handed down in the closed
session was almost never published. Thus, the settlement through arbitration is
expected to maintain the confidentiality of the parties to the dispute. In some

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article mentioned that, the entire dispute by the arbitrator or the arbitral tribunal
held in private. Different from arbitration, due process and court decisions must be
made in the trial, which is open to the public. The process that is open to harm the
disputing parties as confidential (business) they are supposed to be sealed is known
by the public.
In comparison can be seen explanation stating that arbitration institutions generally
have an advantage over the judiciary. The advantages include the following:
a. Confidentiality of the parties' dispute is guaranteed;
b. Delays caused by administrative and procedural matters can be avoided;
c. The parties can choose the arbitrator, which he believed to have the knowledge,
experience, and enough background on the issue in dispute, honest, and fair;
d. The parties may determine the choice of law to resolve the problem as well as
the process and place of the arbitration process and
e. Decision of the arbitrator is a decision binding on the parties and through
procedures (procedures) is simple or can be implemented immediately.
With some reason, arbitration is preferred and considered more effective than the
settlement of disputes in court. However, to several advantages over the choice of
using arbitration, arbitration has some flaws that need attention of the parties to the
dispute and its legal counsel, other legal practitioners and academics, including
arbitration expert. If some of these weaknesses (see the disadvantages of
arbitration) are not anticipated, then it can make a good arbitration loss of
efficiency (effectiveness) and the results for it (Dispute Resolution Journal, 2000)

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