How Can Disputes Be Resolved Privately?

But most of civil disputes can be resolved privately. Many persons decide too quickly to litigate their disputes – to take their disputes to court. When someone injures another person or fails to keep a binding agreement, he usually first tries to settle the matter by direct negotiation. The injured partyshould discuss the problem with the wrongdoer as calmly as possible. The two of them can reach a mutually acceptable solution. If there has been an automobile accident and the prospective defendant is injured, the insurance company will sometimes send an insurance adjuster to the injured prospective plaintiff. The adjuster tries to learn the facts about the accident and may suggest a mutually acceptable settlement.

In some cases, an independent third party may be called in to act as mediator (also known as a conciliator). The mediator talks to both parties and tries to develop a solution acceptable to both parties.

In other cases, an independent third party known as an arbitrator may be brought in by agreement of the parties. Sometimes original agreement between the parties has a provision for arbitration of disputes. The arbitrator’s decision, unlike that of mediator, is binding on both parties. By using negotiation, mediation, or arbitration, the disputing parties may avoid the heavy costs and delays and difficulties of litigation (court trial). Moreover, the arbitrator’s decision(award) can be enforced by court order if necessary.

Mediation

Mediation is a process in which a third party (the mediator) seeks to assist two or more parties involved in a dispute to reach a voluntary, negotiated resolution of their differences, usually embodied in a formal written agreement. Mediation differs from adjudication and arbitration in that the mediator, unlike a judge or arbitrator, has no authority to impose a solution on the parties. Mediators seek to have parties to a dispute focus on their interests in resolving their differences rather than their declared positions. Successful mediation results in “win/win” solutions rather than “win/lose” outcomes produced by third party decision-makers such as judges and arbitrators. Advocates of mediation believe that it is not only more cost effective than other forms of dispute resolution, but that mediated solutions are superior since they are crafted by the disputing parties themselves.

The relative success of mediation in resolving certain types of disputes in the United States, the United Kingdom, Australia, New Zealand, Argentina, China and other countries can be attributed to a number of factors, the most important of which are probably: dissatisfaction with other available forms of dispute resolution (due to the unpredictability of outcomes, the high cost of litigation or arbitration, and the length of time needed to obtain a final decision), and the existence of a legal framework supportive of the mediation process.

Exercise 2.14. Find the words with the similar meaning among the following:

To litigate, suffered, wrongdoer, decision, item, order, to dispute, agreement, to enforce, result, offender, injured, warrant, outcome, solution, settlement, to embody, provision.

Exercise 2.15. Give the Russian equivalents to the following word combinations.

· to resolve a dispute

· to take a dispute to court

· to settle the matter

· an automobile accident

· an insurance company

· settlement

· disputing parties

· to be enforced by an order

· a negotiated resolution

· to have no authority

· to have focus on

· to be superior

· to be attributed to some factors

· a legal framework

Exercise 2.16. Finish the sentences using the words in brackets.

1. Regarding to this business situation the agreement was reached by means of last (talk / negotiations / meetings).

2. To solve the matter the disputing (parts / sides / parties) addressed to the (agent / mediator / negotiator) ’s help.

3. A meeting has been called (to resolve / to settle / to decide) the dispute.

4. To get some money if the car we own will be damaged or stolen we pay the amount of money to this (chartered / insurance / assessment) company.

5. The parties of the automobile accident tried to reach a mutually acceptable (decision / resolution / solution).

6. Because of the heavy (costs / charges / values) of litigation they resolved the dispute by a third party.

7. Nobody expected such (results / outcomes / progress) of the litigation about the case of medical malpractice.

8. Journalists were told the talks had broken down because of irreconcilable (disagreements / variances / differences).

9. He was tragically killed in a motorcycle (accident / incident / event).

10. Check the terms of your tenancy (agreement / conclusion / contract).

Exercise 2.17. Give English equivalents to the following words and expressions.

· оспаривать разногласие (спор)

· причинять вред другому лицу

· нарушать соглашение

· взаимоприемлемое решение

· предполагаемый истец/ответчик

· независимое лицо (сторона)

· по соглашению сторон

· значительные денежные расходы

· лица, принимающие решение

· возлагать решение на кого-либо

· заявленные положения

· кончаться/ иметь результатом

· решения принимаются ведущими тяжбу сторонами

· непредсказуемость результатов

Exercise 2.18. Match each word on the left with the correct definition on the right. Consult the dictionary when necessary.

a) litigation

b) agreement

c) dispute

d) party

e) arbitrator

f) framework

1. a person or group involved in something such as an agreement or disagreement, especially a contract or legal case, with another person or group

2. use of the legal system to settle a disagreement

3. someone who is officially chosen to hear both sides of an argument and to make a decision about what should be done

4. to hurt someone and cause damage to their body

5. a serious disagreement, especially one between groups of people that lasts for a long time

6. an opinion about an important issue

g) position

h) to injure

i) accident

j) plaintiff

7. someone who brings a legal case against someone else on a court of law

8. a crash involving a car, train, plane, or other vehicle

9. a system of rules, laws, agreements etc. that establish the way something operates in business, politics, or society

10. an arrangement or decision about what to do, made by two or more people, groups, or organizations

Exercise 2.19. Translate the micro text “Arbitration” in the written form.

Arbitration

Arbitration is reference of a dispute to an impartial person or persons, called arbitrators for a decision or award based on evidence and arguments presented by the disputants. The parties involved usually agree to resort to arbitration in lieu of court proceedings to resolve an existing dispute or any grievance that may arise between them. Arbitration may sometimes be compelled by law, particularly in connection with labour disputes involving public employees or employees of private companies invested with a public interest, such as utilities or railroads.

Most arbitration in the United States has involved labour or commercial disputes. As worldwide trade and investment have increased, international commercial arbitration has become important both in planning international transactions and in resolving disputes when they arise.

Labour arbitration is concerned largely with disputes between employers and employees over interpretation or application of the terms of collective bargaining agreements, and occasionally with new contract terms. Commercial arbitration deals with disputes among private parties regarding contracts to produce, buy, sell, lease, or distribute goods, or to perform a business service.

Exercise 2.20. Commentary and Notes to text 2.19.

1. in lieu – вместо

2. to be compelled by law – (зд.) назначаться по закону

3. collective bargaining agreement – коллективный договор

Exercise 2.21. Read the text “What Are Civil Proceedings Concerned with?” and complete the following tasks.

a) Say what the main idea of each paragraph is.

b) Translate the Russian words in the text from Russian into English.

Choose from: resolved; injunction; controversies; negligence; to assert; responsibility; objective; claims; to abide; defective; to restore; adhesion; sue; forum.

Дата добавления: 2015-11-16