27th November
Unit 8 _ Litigation and Arbitration
Focus on language: How do you say that … in Italian?
- Disputing parties
- Litigation
- Settlement
- Hearing
- Pleading
- Out –of-court settlement
- Binding decision
- Legal fees
- To settle a dispute
- To reach a settlement
- To enforce/deliver judgment
- To save money on
- To threaten to sue
- To face court proceedings/litigation costs
- To deny accusations
- To pursue a claim
- In connection with
Examples of disputes:• Dispute over people's behaviour may involve conflict between neighbours over anti-social behaviour (loud parties or verbal abuse)
• Business disputes can involve different interpretation of the terms of a contract, or questions over whether a contract has been breached, and what remedies/damages are appropriate.
• Planning disputes include situations where, for example, a property owner plans to construct a new building, or improve an existing building. (ie planning permissions)
• Environmental disputes include disputes over resources and questions over who has the right to exploit those resources, and at what cost to the environment.
• Business disputes can involve different interpretation of the terms of a contract, or questions over whether a contract has been breached, and what remedies/damages are appropriate.
• Planning disputes include situations where, for example, a property owner plans to construct a new building, or improve an existing building. (ie planning permissions)
• Environmental disputes include disputes over resources and questions over who has the right to exploit those resources, and at what cost to the environment.
ADR: Alternative Dispute Resolution:
- negotiation: participation is voluntary and there is no third party who facilitates the resolution process or imposes a resolution
- arbitration:participation is typically voluntary, and there is a third party who, as a private judge, imposes a resolution. Arbitrations often occur because parties to contracts agree that any future dispute concerning the agreement will be resolved by arbitration.
- mediation:there is a third party, a mediator, who facilitates the resolution process (and may even suggest a resolution, typically known as a "mediator's proposal"), but does not impose a resolution on the parties
Reading 2 letter of invitation pp 85-86 ex 7 - ref to ELSA (European Law Students' Association
Grammar Practice:
Self Study
Listening 1 Question and answer session
pag 87 ex 10-12 peanut kernel case
Reading 3 Avoiding litigation page 88 ex 14-16
Reading 4 Cost of litigation page 89 ex 18-21
Reading 4 Cost of litigation page 89 ex 18-21
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