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From: [e-mail]

To: [e-mail]

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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