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Башкирский Государственный Аграрный Университет

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Английский язык для магистрантов гражданско-правовое направление. Учебное пособие

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2. An wer. The defendant’s written response to the plaintiff’s
complaint in a civil suit in which he or she may deny any of plaintiff’s
allegations, offer any defenses, and make any counterclaims against
		Arbitration
the plaintiff,						. An alternative dispute resolution method where
3.
the parties in dispute agree to have their case heard by a qualified
	Arbitrator
arbitrator out of court.
4.						. A person appointed by or on behalf of the parties
to an	arbitration to resolve their dispute. An arbitrator may be the sole
arbitrator in an arbitration or may be one of a panel of arbitrators
	Caucus (in mediation)
(generally, three).								. A private meeting that mediators may hold
5.	Complaint
with each disputant.
6.	Discove y				. The pleading that starts a case.
7.	File			. The compulsory disclosure, by one party to an action
to another, of relevant testimony or documents.
8.			(v).Todepositwiththeclerkofthecourtawrittencomplaintor
petitionwhichistheopeningstepinalawsuitandsubsequentdocuments,
	Mediation
including an answer, demurrer, motions, petitions and orders.
9.						. A form		of alternative dispute resolution in which
a specially trained third party follows a structured process to facilitate
		Motion
an agreed settlement between parties to a dispute.
10.				. A formal request made by any party for a desired ruling,
		Negotiation
order, or judgment.							. The process of parties bargaining in an attempt
11.
		Non-binding
to reach an agreement.
12.		Pleading					. Not officially requiring that you do something.
13.					. Written presentation by a litigant in a lawsuit setting
forth the facts upon which he claims legal relief or challenges theclaims
		Settle
of his opponent.
14.		Trial		. Resolve or reach an agreement about (an argument
or problem).				. The			formal	examination before a competent tribunal
15.

of the matter in issue in a civil or criminal cause in order to determine such issue.

TEXT 1

Legal1.Readdisputesthetextcanandconcernentitleit:anything from unpaid bills or breached contracts to problems between employers and employees, copyright

or trademark infringements, manufacture’s liability and many others

falling within commercial or business-related spheres. Speaking about

private individuals, personal injury cases and family matters are among

the most litigated ones.

When legal disputes arise, they can be resolved either by litigation or

by means of

negotiation arbitration

and

). The most common

ADR methods are

in. Negotiation

alternative dispute resolution (ADR

isaprocesswherethepartiesdiscusstheissueswitheachothertotryand

mediati

commercial

agree on a resolution. Arbitration is a preferred method

contracts,whilemediationcanbeusedinalmostanykindofcaseandcan

be available at any time throughout the process of a dispute.

Litigationistheprocess of

by filingoranswering

a complaint through the public court system. Litigation starts when

resolving disputes

with the court

a plaintiff commences a civil action by

and ends when

the judgement is enforced. The steps in between

filing a complaint

is possible

usually include an attempt to reach a

and an

, which

at any litigation stage, defendant’s

and

procedures leading toa

settlement

which ends bydelivering

the court’s judgement and

m tions

answer

iscovery

disclos

trial

Negotiationisthemostflexibleand-informalofthedisputeresolution

passing

order

. Negotiation is a private

methods. It is both voluntary and

option,

and confidential dispute resolution

and can therefore preserve

bi ding

the parties’ reputations and relationships.

Mediation is a confidential process of negotiation, facilitated by

an independent and impartial third person, a

mediator. The parties

have control over the choice of mediator and the

will not make

a decision but will work to facilitate agreement between the parties.

Generally, the parties share the costs of the mediator and the mediation.

Arbitration involves an independent party or parties, the

, acting in a judicial fashion to make an award and

rbitrator

finalizeadispute.Althougharbitrationisalmostasexpensiveaslitigating,

rbitral tribunal

, is

final and

the decision of an arbitrator, like a

binding.

court judgment

2. Find in the text the English equivalents for the following words and

судебноеphrases: разбирательство, тяжба; третейский суд; предъявить иск; принудительноисполнять;мировоесоглашение;возражениеответчика; обмен информацией между истцом и ответчиком до судебного разбирательства; вынесение определения; способствовать.

		a) in law,a written pleadingfiled by a defendant
	3.Matchthewordsontherightwith heir finitionsonthel ft:
	1. alternative dispute	to respond to a complaint in a lawsuit filed
	resolution	and served upon that defendant
	2. answer	b) the act of a third person who interferes
	2. answer	between two contending parties with a view
		orreconcilesettle theirthemdisputeor persuade them to adjust
		to
		c) give-and-take discussion or conference
	3. arbitration	c) give-and-take discussion or conference
	3. arbitration	in an attempt to reach an agreement or settle
		a dispute.
		d) a form of alternative dispute resolution
	4. mediation	in which parties to a dispute submit
	4. mediation	to the binding decision of a person acting
		in a judicial manner in private, rather than
		to a court of law.
	5. negotiation	e) the pleading that starts a case
		f) formal court documents setting out a party’s
	6. motion	f) formal court documents setting out a party’s
	6. motion	case
	7. complaint	g) when a resolution to a dispute is sought out
	7. complaint	of court
		h) an occasional application to a court by
	8. pleadings	the parties or their counsel, in order to obtain
	8. pleadings	some rule or order, which becomes necessary
		either in the progress of a cause, or summarily
		and wholly unconnected with plenary
		proceedings

4. Make up your own sentences using the words and expressions from exercises2and3.

15.Fillintheblanksusingtheiswordsthe attemptfromthetoext:settle a legal dispute through active participation of a third party who works to find points of agreement and make those in conflict agree on a fair result. 2. Parties have total control over the ___________________________ including how they are conducted and what the terms of the settlement are if a settlement is reached. 3. ___________________________ is the term given to established methods of resolving disputes other than formal court proceedings.

4. Where the parties have reached a ___________________________ and agreed terms, these terms may be incorporated into an award to facilitate enforcement. 5. A plaintiff starts a civil action by filing a pleading called a___________________________.

16.UseWhatthecanfollowinglegal disputesques ionsarisetoretellfrom?the2text:. How can legal disputes be resolved? 3. What are the most common ADR methods? 4. How does litigation begin? 5. What stages does litigation consist of? 6. What are advantagesanddisadvantagesofnegotiations?7.Whatareadvantagesand disadvantages of mediation? 8. What are advantages and disadvantages of arbitration?

TEXT 2

7.Readthetextandmakealistofmediationstages:

Conflict resolution is a criticalMEDIATIONaspect of maintaining harmonious relationships,bothpersonallyandprofessionally.Mediation,anincreasingly popular method for resolving disputes, provides a structured and collaborativeapproachtoconflictresolution.1

Mediation is an alternative dispute resolution method with aneutral person helping the parties find a solution to their dispute. The neutral partyisknownasamediator.Mediationmayalsobecalledcaseevaluation or facilitated negotiation.2

Thereareanumberofstagesthatparties,theirlawyers,andamediator go through. At thepre-mediation stage amediator ischosen, amediation date and place are agreed upon, some information exchange takes place as well. During the opening stage the mediator and the parties introduce themselves, then the mediator makes a short overview of the procedure and ‘rules to follow’. The parties also make their opening statements describing their view of the dispute, ideally, without any interruption.

Dependingonthesituationparticipantscanstarttheexplorationstage with ajoint discussion or themediator can move on toprivate discussions (caucuses) speaking with each side to find mutually acceptable solutions that might notex parteotherwise emerge. At this stage such techniques asactivelisteningandquestioning.Whilelisteningthemediatorshouldpay full attention tothe speaker, reflect on their words, and provide feedback; andwhilelookingfortheinformationthemediatorshoulduseopen-ended questionstoencouragepartiestoexpresstheirfeelingsandperspectives.

Bothe at the exploration and negotiation stages the mediator uses reframing to rephrase negative or inflammatory statements into neutral or positive ones. This process helps reduce tension and promotes amore constructive discussion.

Unlike traditional litigation, where a judge imposes a decision, mediation empowers the parties to collaboratively develop a mutually acceptable solution. The mediator does not impose adecision but guides theconversationtowardsresolution.Thisapproachempowerstheparties to maintain control over the outcome and fosters a sense of ownership in the resolution process.

However, mediation is non-binding and a resolution may not be imposed upon theparties. If theparties cannot reach anagreement, then themediationprocessterminatesandthepartiesmaypursuetheirclaims in court or other forms of dispute resolution.

1 URL: https://rapidruling.com/blog/alternative-dispute-resolution- Notes: blog/mediation-alternative-dispute-resolution-blog/mediation-

techniques-tools-for-effective-conflict-resolution/ 2 URL: https://www.law.cornell.edu/wex/mediation

1) collaborative	a) communicative skill of observing what verbal
8.Matchthewordsontherightw ththeirdefinitionsonthe ft:
	and non-verbal messages are being sent, and then
	providing appropriate feedback
2) active listening	b) to encourage or support something, or to help
	something become successful
3) encourage	c) involving two or more people working together
	for a special purpose
4) reframing	d) that does not have to be obeyed according
	to the law
5) inflammatory	e) encourage the development of (something,
	especially something desirable)
6) promote	f) to make someone more likely to do something,
	or to make something more likely to happen
7) foster	g) changing the way something is expressed
	or considered
8) non-binding	h) intended or likely to cause anger or hate

19.AnswerWhat isthemediation?followingquestions:2. Who usually participates in mediation? 3.Whatdoesamediator’sopeningstatementinclude?4.Whatisacaucus (inmediation)?5.Whattechniquesareimportantformakingconstructive decisions? 6. What are mediation advantages comparing to litigation? 7. What outcomes are possible in mediation?

active listening, building rapport, changing, conflict resolution, decision,
10. Fill	the blanks		usi g	t e following		words and	expr ssions:
facilitates, innovative		solutions,		litigation,	maintaining relationships,
mediator, parties, reframing.
Mediation is a highly effective (1) _____________ _____________ method
that involves a neutral third party, known						as a (2) _____________ ,
who (3) _____________ communication between disputing parties. Unlike
traditional (4) _____________, where a judge imposes a (5) _____________ ,
mediationencouragesopencommunicationandactiveparticipationfrom
all (6) _____________ involved. This voluntary and non-adversarial process
is particularly well-suited for resolving disputes where (7) _____________
_____________ is important, such as in family, workplace, or community
settings. (8)	_____________		_____________ is		a	fundamental	technique
in mediation, where the mediator focuses on understanding and
empathizing with each party’s perspective. (9)_____________ is a technique
thatinvolves(10)_____________thewayanissueorstatementispresented.
Brainstorming encourages parties to think outside the box and explore
(11) _____________ _____________ that may not have been considered before.
(12) _____________ _____________ and trust is crucial in any mediation
process.
Case Study 1: Resolving Workplace Conflict
11.Readthecas		givenbelow.Whattechniquesdidthemediatoruse?

In a corporate setting, two department heads had conflicting views on a critical project’s execution. The mediator employed _____________

to understand both perspectives and _____________ to highlight common objectives. Through constructive brainstorming, a compromise was reached, leading to a successful project outcome.

Case Study 2: Family Inheritance Dispute

Inafamilygrapplingwithinheritancedisputes,mediationwasutilized to address varying opinions regarding asset distribution. Byencouraging open dialogue and _____________ the discussion to focus on family unity,

the mediator helped the family develop a fair distribution plan that preserved relationships.

12. Search the Internet to find information about mediation in Russia. Prepare a short report with a presentation using the guidelines from Appendix1.

TEXT 3

13. Read the first paragraph of the text quickly and name the largest arbitralinstitutions:

Arbitration is aINTERNATIONALmethod of disputeARBITRATIONresolution between two or more partieswhoagreetohavetheircasesheardandsettledbyanindependent tribunal through a pre-determined procedure. The arbitrators weigh up both sides’ arguments and determine an appropriate award for one, which can be enforced across the world through the New York Convention and have wide-reaching implications beyond the discrete case. The largest arbitral institutions are the International Court of Arbitration of the International Chamber of Commerce (ICC) based in Paris; the London Court of International Arbitration (LCIA); and the International Centre for Dispute Resolution (ICDR), headquartered in New York.

As multinational businesses expand into previously unexplored jurisdictions and have to contend with the unique legal frameworks of each, avoiding domestic litigation is a beneficial route to study. International arbitration courts are fast becoming the battlegrounds on whichtheworld’slargestcompaniesarefightingtoprotecttheirinterests.

Internationalarbitrationputsthedisputeinaneutralarenasuchthat neither disputing party has the ‘home-field’ advantage in its domestic court system; and once a party secures an award in arbitration it can automatically be enforced in more than 150 countries across the world without the need to go through litigation proceedings anywhere else. Arbitration proponents have argued that arbitration also attracts as a cheaper, quicker means of dispute resolution than litigation.

14. Read the text again and decide whether the following statements aretrue. Arbitrationorfalse.Ifisthesta waytementof handlingisfalse,acorrectconflictit:without going to a court system.

2. There is no means of arbitration award enforcement in a foreign
country.
3. Globalization promotes international arbitration development.
4. French businessmen have the ‘home-field’ advantage in the
International Court of Arbitration of ICC based in Paris.
15.Matchthewordsontherightwiththeirdefinitionsonthel ft:
1. arbitrator		a) to put an end to an argument or a disagreement

2. settle		b) to put or keep in force; compel obedience to
3. award		c) an independent person or body officially appointed
		to settle a dispute.
4. enforce		d) a prize or an amount of money that is given
		to someone following an official decision;
		a final judgment or decision
6.Fillintheblanksusingthewordsfromthetext:
1. Many		rules impose an express duty
of confidentiality on both parties and arbitrators. 2. International
arbitration is similar to domestic court __________________________ , but
instead of taking place before a domestic court it takes place before
private adjudicators known as __________________________. 3. International
arbitration__________________________canbe__________________________innearly
all countries of the world. 4. The expansion and __________________________
of cross-border investment and trade has led to increased and complex
commercial	relationships between businesses, investors and states.
5. Arbitration __________________________ are more widely and readily
enforceable than court judgments as a result of the 1958 New York
__________________________.

17. Make up a plan of the text and retell the text according to your

plan.

WRITING: ACADEMIC SUMMARY

18. Read the following news entry from the Arbitration Centre at RSPP website and write its summary in Russian and/or English “How towriteanacademicsummary”p.23.

THE ARBITRATION CENTRE

AT THE RSPP PRESENTED A DRAFT OF THE BRICS+

ARBITRATION MECHANISM

27..09..2024

OnSeptember20,undertheauspicesofIXBRICSLegalForumasession was hosted dedicated to the resolution of cross-border commercial disputes in the BRICS countries.. The central event of the session was thepresentationoftheBRICS+ArbitrationMechanism(BRICSAM)project, which was developed jointly with the Association of Lawyers of Russia and foreign BRICS partners by a special Working Group of the Arbitration Centre at the Russian Union of Industrialists and Entrepreneurs..

Alexander Grebelsky, Chairman of the Panel of the Arbitration Centre at the RSPP for International Disputes, Ph..D.., Senior Professor of the Department of Private International and Civil Law at Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of the Russian Federation, explained in his report that at the initiative of the Indian colleagues in 2014 the work began on the creation of a supranational BRICS arbitration centere however later it was decided to abandon this idea in favour of developing a delocalised mechanism involving the leading arbitration institutions of each of the BRICS countries..

So far, several basic documents have been drafted to regulate the activities of the future arbitration mechanism:

1. Agreement among arbitral institutions to establish a single consolidated arbitration mechanism;

2. BRICS+ Arbitration Mechanism Rules (BRICSAM Rules);

3. Recommended Arbitration clause for thereferral of disputes under the BRICS+ Arbitration Mechanism Rules..

The creation of an own institutional system is planned within the mechanism including BRICSAM’s advisory body – the International Council and including the establishment in each national arbitration institution of a BRICS+ National Nomination Committee.. Disputes will be resolved by arbitrators from BRICS countries included in a single roster of arbitrators..

National bar associations and allied arbitral institutions are currently working on their comments to the proposed project of arbitration mechanism.. These comments are scheduled to be discussed at a joint working meeting in January 2025..

Due to the growing cooperation of the BRICS countries in the field of international trade, the creation of a unified arbitration mechanism is becoming an increasingly urgent task..

Based on Arbitration Centre at RSPP

(https://arbitration-rspp..ru/en/27-09-2024/)

19. Search the Internet for papers relating to your research topic and write their summaries in Russian and/or English using “How to write anacademicsummary”p.23.

What’stheJUST FORVerdict?FUN

You are the judge in tricky courtroom quizzes. You don’t need to be a lawyer to get the “right” answer. Care, common sense and imagination should lead to the correct solution in a case, regardless of previous education or training.

1.Ambulance-Chasing

A law concerning “ambulance-chasing” provides that it is an offense for a lawyer to solicit a person who has been injured in an accident,

ifthesolicitingisforthepurposeofcommencinglegalproceedingsforthat personFabian. heard that Mr./Jones had been injured in an accident. He thought that Jones had a good negligence case, and talked to him about starting alawsuit. Fabian ischarged under thelaw and argues that thelawisinvalidbecauseitistoobroadandbecauseitprohibitsfreedom of speech?

Is Fabian guilty?

2.2.2. ADVOCACY AND COUNSELLING

In law,		advocacy			a torney
		barrister
				is the practice of presenting a client’s case
	advocate			(in England and Wales), an			(in the USA)
to a court. A
or an			(in many other countries) will usetheir advocacy skills
and their knowledge of the law to persuade a judge or jury to reach
									case
a judgment in their favor. Advocacy comes in both written and oral
forms. An advocate must be skilled in both to create a persuasive
in their client’s favor. Oral advocacy involves planning and delivering
						drafting
effective submissions to a judge, and using witnesses to make points
that help a client’s case. Written advocacy involves								documents

intended for a court or a judge. What do advocates in Russia do? What

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