Vocabulary task.

4. Choose the best explanation for each of these words and phrases from the text.

1) to settle cross-border commercial disputes...’

a) argue your position in a dispute b) agree a solution to the dispute

2) the lack of publicity surrounding hearings

a) court cases b) judges’decisions

3) ‘... other ADR (alternative dispute resolution) procedures

a) different kinds of dispute can be heard in a law court

b) disputes are settled by an independent person or body, instead of in a law court

4) for example, patent courts...’

a) courts dealing with rights relating to inventions

b) courts dealing with rights relating to trademarks

5) mainly in countries with well-regarded court systems'

a) famous court systems b) court systems which are thought to be good

6) *... litigating under a foreign law

a) bringing or defending a lawsuit b) enforcing legal regulations

7) rejected the idea of including an appeal mechanism

a) an automatic appeal system b) a system allowing appeals

8) obtaining a final decision

a) an official decision that can be appealed against

b) an official decision with no appeal allowed.

 

5. Match the verbs (1-5) with the nouns (a-e) to form common word combinations often found in business law. Some verbs can be matched to more than one noun:

1)to settle, 2) to enforce, 3) to reject, 4) to add, 5) to cite;

a) costs, b) a case, c) a dispute, d) a law, e) an argument.

 

6. Use the word combinations from the previous exercise to complete these sentences.

1) It is often advisable to........ instead of taking another company to court.

2) The lawyer advised that obtaining a technical report was unnecessary, and would simply …………….

3) The judge …...... the ………… put forward by the defence counsel, saying there was no clear evidence.

4) In court, counsel.......... supporting his view that the transaction was not fraudulent.

5) That new speeding....... will not be effective if it is not ………..!

 

Alternative dispute resolution.

Key words: enforceable, legally binding, litigation, settlement, facilitator.

 

1. Before you read to the passage, talk about these questions.

1) What are some ways people can settle their problems without going to court? 2) Why would some people choose to do this rather than going to court?

3) How many methods of ADR are there? What is each about?

Then read the text:

KING and WEBB (Facilitators)

 

Are you involved in a dispute? Do you want a speedy, cheap and private resolution? There is an alternative to litigation, Alternative Dispute Resolution (ADR) may be the solution you’re looking for. There are two main methods of ADR – mediation and arbitration.

In mediation, the parties reach a voluntary settlement by discussing the situation between themselves and with the help of a skilled facilitator This mediator acts as an advisor. He may offer suggestions, but the resolution of the case lies with the parties themselves,

In arbitration, a disinterested neutral party listens to the case. These impartial persons are experts in their field. They decide on a ruling after hearing each side argue its case. The ruling is final, legally binding and enforceable in most jurisdictions.

In both cases, the parties have control over the issues to be resolved, the procedural aspects and the scope of the relief. The case is less formal than a court trial. Almost all kinds of disputes can be mediated or arbitrated. Our caseload includes disputes involving business, insurance, environment, family, employment, and many other areas.

So, if you are looking for a private, economical, fast and

informal solution to your dispute, contact us today.

 

2. Choose the correct answer.

1) What is NOT an advantage of ADR?

A It is cheaper than going to court

B Parties reach a resolution sooner

C The rulings are not final

D It is more private than court.

1) Which of the following people will decide on a ruling?

A a facilitator C an arbitrator B a mediator D an advisor

3) What can be inferred about the company King and Webb?

A It is a new ADR firm.

B They help a wide range of clients.

C They are cheaper than other ADR firms.

D The staff are legal experts.