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From: chas.stanley@dsbsolicitors.com
To: p.j.s@bedford-lay.com
Subject: j.r.T Ltd
Dear Peter,
Further to our phone discussion, I'm writing (1)......................... behalf
(2)................... my client whose interest in J.I.T Ltd is set (3)......................... in a
document I've sent under separate cover. The document was drawn up
(4)................... the assistance (5)..................... an insolvency specialist and
should be treated (6)..................... a working draft. Could you let me have your
opinion (7).................... relation (8)..................... the interests of other creditors
and as soon as possible?
Over Ъо ipu
What happens if insolvency proceedings are instituted against a company in a legal jurisdiction you are familiar with?
For more information about insolvency in the UK, go to the UK insolvency helpline at: www.insolvencyhelpline.co.uk/.
Professional English in Use Low 55
Alternative dispute resolution
Alternative dispute resolution
Anna Chapter heads the Litigation team in a large firm of solicitors. She is talking to a client about alternative dispute resolution.
'Alternative dispute
resolution, often abbreviated
to ADR, is well-established
in a number of jurisdictions,
including the USA, Canada
and Australia. Over recent
years, we've seen the
emergence of mediation
organisations and dispute
resolvers, some on the
Internet. In the UK, ADR
is positively promoted for
use in a wide range of civil
disputes, including small
claims, family matters,
construction or building
contracts, and complex international commercial disputes. It's generally proposed as
a cost-effective alternative to the litigation process and entered into on a voluntary
basis by disputants, or because of contractual provisions, that is, the conditions of a
contract. Many commercial agreements now include dispute resolution clauses in which
the contracting parties agree the method to be used if a dispute occurs during the life
of the contract. However, parties may also be referred to ADR by the courr during the
course of litigation. A Civil Procedure Rule requires the UK civil courts, as part of the
case management process, to encourage and facilitate parties to use ADR procedure if
appropriate. A National Mediation Helpline has also been set up to provide advice by
telephone or online.'
ADR procedures
ADR refers to a number of different procedures used to reach a settlement. Some frequently used methods are:
■ Arbitration - this is a more formal and binding process where the dispute is resolved by the arbitrator nominated by both parties.
■ Mediation - possibly the most popular process. An independent third party, normally with appropriate expertise in the area of contention or dispute, is appointed by the parties to act as a mediator. The mediation process begins with an all parries discussion; following this the respective parties separate to discuss the issues and, with the assistance of the mediator, seek to negotiate a settlement. If settlement is reached, it can become a legally-binding contract.
■ Med-Arb - the dispute is initially submitted to mediation but ii mediated settlement cannot be reached, then the matter is referred to arbitration.
■ Adjudication - the method most commonly used in construction disputes. A quick decision is made by the adjudicator and a time period is specified during which either party- may give notice to refer the matter to arbitration or litigation. The adjudicator's decision is binding upon the parties and must be followed, unless and until a later decision is made by an arbitrator or the court.
Professional English in Use Law
25.1 Complete the cable with words from A and В opposite and related forms. Put a stress mark in front of the stressed syllable in each word. The first one has been done for you.
Verb Noun - concept or Noun - person Adjective object | |||
re'fer | re'terra I | ||
dispute | |||
resolve | |||
contractor |
25.2 Complete the extract from a model ADR clause with words from the table above and A opposite. Pay attention to the grammatical context.
I. Dispute Resolution Procedure
1. ] General
1.1.1 All disputes between the (I)................................ arising out of or relating to this Agreement shall be referred.
bv cither (2)............................., to the project board for resolution.
1. 1.2 If any dispute cannot be (3)................................. by the project board within a maximum of 114 days after it
has been referred under Clause I.I.I, that (4)..................................... shall be (5).............................. to the
[appropriate officer) of the {public sector client] and the [e.g. project mtutager] of the (6).........................................
for resolution.
1.1.3 Work and activity to be carried out under this (7)..................................... shall notecase or be delayed by this
dispute IS)........................... procedure.
25.3 Complete the extract from an email about online ADR using words from the table above and A and В opposite. Pay attention to the grammatical context.
Tom - there's been some client interest in online ADR. Settlement websites in the US are
offering a mediation service on the basis of an agreed (1).............................................. by the parties.
Some organisations are experimenting with chat rooms, creating virtual (2)...................................................
rooms as a way of reducing the costs of resolving disputes. Each party communicates
through the online (3).................................... via email, who passes responses between the
parties. Some websites offer a computer-assisted method for (4)................................................. disputes
over claims. The software compares offers and counteroffers, keeps offers confidential,
and pronounces a (5).................................. at the mid-point between the defendant's offer and
the claimant's demand.
Are the following statements rrue or false? Find reasons for your answers in В opposite and the email above.
1 Online mediation is a formal and binding process.
2 The adjudicator passes email responses between parties online.
3 Online mediation is commonly used to resolve construction disputes.
4 The defendant and the claimant are independent third parties.
Over +o upu
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For more information, go to the Directors and Secretaries Guide in the UK at: www.companieshouse.gov.uk/. | | | For more information, look at the Office of Government Commerce at-, www.ogc.gov.uk/ and the Centre for Effective Dispute Resolution at: www.cedr.co.uk/. |