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.

Vocabulary task.

3. Choose the word that is closest in meaning to the underlined word.

1) resolution: A. dispute B settlement C mediator

2) legally binding: A enforceable B jurisdictional C neutral

3) disinterested: A careless B impartial C informal

4) ruling: A argument B agreement C decision

5) relief: A compensation B sentence C satisfaction

4. Choose the correct word in the sentences.

1) In ADR, the parties have some control over how much (relief / ruling) they will pay.

2) In (mediation I arbitration), the parties decide on a ruling themselves.

3) If it’s important that your (relief / mediator) is completely neutral.

4) The (settlement / facilitator) will arrange a meeting between you and the other party.

5) Tom needs a cheap and fast solution to the (resolution / dispute).

6) In (arbitration / mediation), the final decision is made by a third party who is impartial.

7) The (settlement / dispute) was arranged for a large sum of money.

Listening task.

5. Listen to a conversation between a businessman and an employee at an ADR firm. Mark the following statements as true (T) or false (F).

1) The man is disappointed with some building work.

2) The man has tried litigation already.

3) The man prefers the arbitration option.

6. Listen again and complete the conversation.

ADR worker: Good morning, King and Webb Alternative 1……… Resolution.

Businessman: I was wondering if you can help me. I’ve been having problems with some 2…………. They didn’t deliver what was promised and the work was poor.

ADR worker: I’m sorry to hear that.

Businessman: I can’t afford to go through 3…….., and courts take such a long time. A colleague suggested I call you.

ADR worker: We can definitely help you out.

Businessman: I’m not exactly sure 4………, though.

ADR worker: Well, basically, you and the other party will sit down together and try to agree on a 5…………..______

Businessman: Hmmm… I don’t know if we could…..

ADR worker: Oh, you don’t have to do it yourselves! Someone else will be there to help. There are 2 ways to do it.

Businessman: what are they?

ADR worker: in the first case, mediation, a 6 ……… will guide the discussion and give suggestions.

 

Speaking task.

7. With a partner, act out the roles below based on the previous task. Then, switch roles. Use the language such as:

I’ve been having problems with

/ can’t afford to go through litigation\

Will that ruling be legally binding?

Student A: You own a business. Call the ADR firm to arrange a meeting. Find out: 1) what arbitration is; 2) what mediation is; 3) whether the decision is legally binding

Student B: You work at an ADR firm. Answer Student A’s questions.

Writing task.

8. 1) Take notes of the key findings from the article, so you can give a short presentation about the PwC study.

2) Do some research to find out about different kinds of ADR, then write a report (about 300 words) summarising the topic.

9. You are an employee in an ADR firm. Use the reading passage and the conversation from Task 8 to write an email to a potential client. Consider:

What are the advantages of Alternative Dispute Resolution?

What is the difference between mediation and arbitration?

What method do you recommend the client use?