下载掌阅APP，畅读海量书库
立即打开
(A client is considering an alternative resolution to the traditional court process in his dispute. He is consulting his attorney about the settlement.)
A= Attorney; B=client
A: What's your problem?
B: I decide not to go to court. You know it often takes lots of time and money to go to court. May I have any other options?
A: Of course, you may turn to ADR .
B: Excuse me, what do you mean by ADR?
A: It stands for Alternative Dispute Resolution to the traditional court process.
B: That's exactly what I'm interested in. Is it a new thing?
A: No. Alternative Dispute Resolution to the traditional court process.
B: That's exactly what I'm interested in. Is it a new thing?
A: No. Alternative Dispute Resolution is not a new idea in the judicial system. Most parties settle civil cases before going to court. Courts often use a variety of techniques to bring about voluntary cases before going to court. Courts often use a variety of techniques to bring about voluntary settlement such as pre-trial settlement conferences, mediation by magistrates , court-related arbitration , and mediation in the judge's chambers , etc.
B: Then which forms do people most often use?
A: It really depends on the individuals. Generally the local dispute resolution centers offer two forms of negotiation: mediation and arbitration.
B: What does each of these methods involve?
A: Mediation is used primarily in labor-management grievances. It helps the parties reach an agreement and offers recommendations for settlement. The recommendations are not binding on the parties. The function of mediation is basically advisory.
B: How about arbitration?
A: Arbitration should be distinguished from mediation. Arbitration is an important method of resolving commercial disputes out of court. The award of the arbitrator is final and binding on the parties. Arbitration performs a judicial function and decides disputes between parties.
B: What types of cases use arbitration most often?
A: Commercial, insurance, and labor-management disagreements widely use arbitration.
B: So is arbitration applied to my case?
A: Yes of course. Your case concerns a commercial contract. Arbitration is applicable.
B: Compared with court proceedings, is arbitration a better method to resolve a dispute?
A: It's hard to say which is better. Both have advantages and disadvantages. Arbitration may be less formal, but less complex, and less costly than court cases. And it has privacy, and often ends more quickly. Although it does not replace the court, arbitration is an effective alternative to formal court litigation in certain types of controversies .
B: How about mediation then?
A: Mediation is an informal process where a mediator helps those involved resolve their problems by identifying, defining, and discussing the things about which they disagree. It has privacy and speedy resolution. But it is not binding or enforceable.
B: Well, I prefer to use arbitration to settle my dispute.
ADR: “Alternative Dispute Resolution”的缩写，替代性纠纷解决方式; 替代性争议解决机制; 替代性纠纷解决机制; 非诉讼纠纷解决机制; 替代性纠纷解决。
mediation [ˌmi:dɪ'eɪʃn] n. 调停，调解，斡旋
magistrat [ˈmædʒɪstreɪt] n. 地方法官，治安官; 文职官员; 治安推事
arbitration [ˌɑ:bɪˈtreɪʃn] n. 仲裁，公断
chamber [ˈtʃeɪmbə(r)] n. 室，卧室，会客室; 内庭; (多用于英国)律师的办公室; 议事厅
vt. 限制，幽禁，封闭或限制; 使备有房间
alternative [ɔ:lˈtɜ:nətɪv] adj. 替代的; 备选的; 其他的; 另类的
n. 可供选择的事物
litigation [ˌlɪtɪˈgeɪʃn] n. (律)打官司; 诉讼
controversy [ˈkɑntrəvɜrsɪ] n. 公开辩论; 论战
A: I had some disputes in business with Peter. I was wondering how to settle them? What's your opinion, Mr. White?
B: Do you want to sue him?
A: If I go to court, it will take me lots of time and energy. Time is money, you know. What's more, Peter is my old client. I don't want to break our relationship. Any other options?
B: Yes. Have you ever heard about ADR before?
A: Yes. It seems to refer to Alternative Dispute Resolution to the traditional court process.
B: Yes. It has many forms including arbitration, mediation, and negotiation and so on. You can think them over.
A: Which one is better?
B: Each has both advantage and disadvantage. It depends on the situation. Generally, mediation is used primarily in labor-management grievances. It helps the parties reach an agreement and offer recommendations for settlement, but the recommendations are not binding on the parties.
Work in small groups, trying to make a debate. Each group consists of seven students. One student acts as the chairman. The other six students are divided into two parties, party A and party B. Party A's position is that arbitration is a better method to settle a dispute. Party B's position is that mediation is a better method to settle a dispute. Finally the best group and the best debater are to be selected.