6. Dispute resolution CHECK YOUR ENGLISH VOCABULARY FOR BUSINESS AND ADMINISTRATION

CHECK YOUR ENGLISH VOCABULARY FOR BUSINESS AND ADMINISTRATION

6. Dispute resolution

Exercise 1. Complete this text with words or expressions from the box. abide by action breach commercial compensation conditions cost effective decreased disagreement disinterested dismissals go-slow industrial litigation mediation obligations overtime redundancy regulations strike suit terms trade union work-to-rule A dispute is an argument or ___________________. In business and commerce, there are usually two types of dispute. The first of these is an ___________________dispute, which is between an employer and an employer's representative, which in many cases is a___________________. These are usually the result of disagreements over pay, conditions of work and unfair ___________________, including ___________________ (the laying-off of employees because they are not needed). The least favourable outcome of this type of dispute is usually industrial ___________________, often in the form of a ___________________ (where employees stop working). Alternatively, employees may stage a___________________ (where they work at less than their normal speed). They may also adopt a ___________________strategy, in which they strictly follow all the ___________________of their contract, and obey other to the letter*. They may also refuse to work. The result of this is usually ___________________ productivity for the company. The second type of dispute is a ___________________dispute, which is a disagreement between two businesses. This is usually the result of a ___________________of contract (in which one or both sides fails to agree to, or ___________________, the terms and ___________________of a contract drawn up between them). In extreme cases, this may result in ___________________ (in which one side brings a ___________________against the other in a court of law), with the aim of getting financial ___________________, or of legally obliging the other side to abide by their contractual ___________________. Disputes do not necessarily have to be settled in an imposed court case. ___________________ (an attempt by a third party to make two sides in an argument agree) is often quicker, more ___________________and less stressful for the parties involved. (* If you do or obey something to the letter, you do it very thoroughly, without making any mistakes.) Exercise 2. Complete the first part of each word in bold in sentences 1 – 19 with the second part in the box. Some of the words have already appeared in Exercise 1. 1 Mediation is one form of what is known as alter______ dispute resolution (ADR for short). 2 Mediation is generally preferable to liti_____________ because it is normally quicker and cheaper. 3 Mediation is vol_____________ , but requires the con of all the parties involved before it can go ahead. 4 Mediation is carried out by a neutral, imp___________ third party called a med_______________ . 5 This third party is also sometimes known as a facil____________ . 6 He / she spends time with all the parties involved in jo_________ ses___________ and also in private meetings (known as a 'cau____________ '). 7 Any information that the parties provide is confi________ and cannot be dis________ to the other parties. 8 He / she attempts to solve problems and find resol________ that are prac______ and bene______ to everyone. 9 Unlike a formal court case, nego________ are in private. 10 Resolutions and sett_______ are based on com__________  and on mut________ agreement and acceptance. 11 If no agreement is reached, the parties involved will not be legally bo________ by anything that has been discussed. 12 A mediation process is said to be 'without pre__________ ', which means that anything that was said during the mediation cannot be used if there is no agreement and the case has to go to court. 13 If an agreement is reached and the parties sign a written agreement, this agreement becomes bin__________ , and the parties are obliged to hon_________ it. 14 This signed agreement can then be enforced contr____________ if necessary. 15 Another form of dispute resolution is arbi____________ . 16 This will involve all parties in the dispute appearing before a tri______________ . 17 An arbi_________ is employed. He / she is usually an expert in a particular field, and so this form of dispute resolution may be preferable in disputes where specialist knowledge is required. 18 However, unlike mediation, this form of resolution involves an adjudi__________ which will probably benefit one side in the dispute more than the other(s). 19 This form of dispute resolution is also less private than mediation (each party is aware of what the other party is saying about it), and information may end up in the pub___________ dom_____________ .

ANSWER KEY

Exercise 1: Here is the complete text: A dispute is an argument or disagreement. In business and commerce, there are usually two types of dispute. The first of these is an industrial dispute, which is between an employer and an employer's representative, which in many cases is a trade union. These are usually the result of disagreements over pay, conditions of work and unfair dismissals, including redundancy (the layingoff of employees because they are not needed). The least favourable outcome of this type of dispute is usually industrial action, often in the form of a strike (where employees stop working). Alternatively, employees may stage a go-slow (where they work at less than their normal speed). They may also adopt a work-to-rule strategy, in which they strictly follow all the terms of their contract, and obey other regulations to the letter. They may also refuse to work overtime. The result of this is usually decreased productivity for the company. The second type of dispute is a commercial dispute, which is a disagreement between two businesses. This is usually the result of a breach of contract (in which one or both sides fails to agree to, or abide by, the terms and conditions of a contract drawn up between them). In extreme cases, this may result in litigation (in which one side brings a suit against the other in a court of law), with the aim of getting financial compensation, or of legally obliging the other side to abide by their contractual obligations. Disputes do not necessarily have to be settled in an imposed court case. Mediation (an attempt by a disinterested* third party to make two sides in an argument agree) is often quicker, more cost-effective and less stressful for the parties involved. * Disinterested has a similar meaning to impartial (see exercise 2).