Dispute resolution CHECK YOUR ENGLISH VOCABULARY FOR LAW

CHECK YOUR ENGLISH VOCABULARY FOR LAW

Dispute resolution

Commercial and business disputes (= arguments / disagreements between two or more parties) do not necessarily have to be settled in an imposed court case. Mediation – an attempt by a third party to make two sides in an argument agree – is often quicker, cheaper, more effective and less stressful for the parties involved. Complete the first part of each word in bold in sentences 1 – 18 with the second part in the box. 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 '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. This can then be enforced contr____ if necessary. 14 Another form of ADR is arbi____. 15 This will involve all parties in the dispute appearing before a tri____. 16 An arbi____ 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. 17 However, unlike mediation, this form of resolution involves an adjudi____, which will probably benefit one side in the dispute more than the other(s). 18 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

Dispute resolution (page 31) 1. alternative 2. litigation (the verb is to litigate, the adjective is litigious) 3. voluntary / consent 4. impartial / mediator (the verb is to mediate) 5. facilitator 6. joint session / caucus 7. confidential/ disclosed 8. resolutions / practical / beneficial 9. negotiations 10. settlements / compromise / mutual 11. bound 12. prejudice 13. binding / honour / contractually 14. arbitration 15. tribunal 16. arbitrator 17. adjudication 18. public domain