Settling disputes out of court

negotiation (n.) - переговоры, обсуждение условий;

arbitration (n.) - разбор спора арбитражем;

attorney (n.) - адвокат;

custody (n.) - опека, попечительство;

clause (n.) - статья, оговорка;

mediation (n.) - ходатайство;

to in­vestigate (v.) - рассматривать дело;

involvement (n.) - затруднительное положение;

dispute (n.) - дискуссия, дебаты;

mediator (n.) - посредник, примиритель.

The man who strikes first admits that his ideas have run out.

—Chinese proverb

Conflict is a natural part of everyday life, a possibility in every en­counter. Since conflict is inevitable, it is important to consider how to handle conflicts in our lives. Courts can help resolve conflicts, but there are other ways to settle many everyday disputes. In reality, only a small number of disputes ever get to court. There are sometimes disadvantages in going to court. The court process can be time-consuming and expensive. Going to court can even make some problems worse. For example, in divorces and child custody disputes, going to court often causes extraordinary anger and bitterness. This causes some people to feel that by going to court, they will lose even if they win!

In recent years, alternative forms of dispute resolution have in­creased in popularity. Among the most common methods for solving disputes out of court are negotiation, arbitration, and mediation.

Negotiation is the process by which people involved in a dispute talk to each other about their problem and try to reach a solution ac­ceptable to all. This informal means of settling disputes should be fa­miliar to everyone. You negotiate when you have a disagreement with your parents, your friends, or your teacher, and you work out an agreement. The informality of negotiation makes it ideal for many types of problems. Sometimes people hire attorneys to negotiate for them. For example, people involved in auto accidents sometimes hire attorneys to negotiate with the insurance company over payments for injuries or damages to their cars. Even if you use an attorney to negotiate, you must approve any agreement before it becomes final. Attorneys sometimes file a case in court and then attempt to work out a settlement (agreement) before the case goes to trial. A large number of civil cases are settled this way, saving both time and money.

In arbitration, both parties to a dispute agree to have another person listen to their arguments and make a decision for them. The arbitrator is like a judge, but the process is less formal than a trial. Arbitrators, like judges, have the authority to make the final deci­sion, and the parties must follow it (except in what is called nonbinding arbitration). Arbitration is common in contract and labor-management disputes and in some international law cases. Agreements between labor unions and employers include arbitration clauses. This means that the union and the employer agree in ad­vance to submit certain disputes to arbitration and to be bound by the arbitrator's decision.

Mediation is another method of alternative dispute resolution. It takes place when a third person helps the disputing parties talk about their problem and settle their differences. Unlike arbitrators, mediators do not impose a decision on the parties. The agreement is the result of the parties' willingness to listen carefully to each other and come up with a reasonable settlement. The mediator acts as a neutral third party by listening carefully to both sides and trying to help the parties understand each other's positions and find ways to resolve the dispute. Mediation is voluntary; therefore, the mediator has no power to impose a decision on the parties. Mediation allows the disputants to air their feelings, avoids placing blame, and con­centrates on the future relationship between the parties. The key issue is how the disputants will work or live together when the medi­ation is over.

Mediation is used to solve a variety of disputes. Community medi­ation programs help settle disputes between husbands and wives, landlords and tenants, and consumers and businesses. For example, the Better Business Bureau (BBBI often mediates disputes between shoppers and store owners. In other places, neighborhood justice centers help settle disputes between community residents. Govern­ment agencies and some universities have ombudspersons, who in­vestigate complaints and then help the parties reach some agreement. Even some elementary and secondary schools train stu­dents to mediate conflicts and to help settle disputes that occur in and around the school. To locate a mediation program in your com­munity, contact your local court, district attorney's office, or social service agency.

Indian Civil Rights Act of 1968 (ICRA)

Because Native American societies were established before the U.S. Constitution was adopted, the United States Supreme Court ruled in the 1800s that the U.S. Bill of Rights does not apply to the actions of tribal governments. (Of course the protections of the Bill of Rights do apply to Native Americans, as citizens of the United States, in their relationships with the state and federal governments.)

In 1968, during a time when civil rights were a focus of American politics, Congress passed the Indian Civil Rights Act, or ICRA. This law imposed most of the provisions of the Bill of Rights on tribal governments. Out of a recognition that some tribal governments dif­fer from the federal and state governments in their involvement with religion. Congress did not include an establishment clause (see page 466). Similarly, while the Indian Civil Rights Act provides that a criminal defendant in a tribal court is entitled to an attorney, the act does not require the tribe to pay for the attorney.

Many tribal officials opposed the enactment of the Indian Civil Rights Act. Since the Bill of Rights reflects a culture and tradition that is Anglo-American and not Native American, these tribal leaders saw ICRA as interfering with tribes* inherent, although limited, right to make and be governed by their own laws. Many tribal people remain opposed to the law.

Ex. 1. Find the equivalents for the following words and expressions in the text:

переговоры; обсуждение условий, договоренность, третейский суд, арбитраж, посредничество, ходатайство, заступничество, терпеть, выносить, выдерживать, облагать (налогом и т. п.); налагать (ограничения, штраф), связаться с местным судом, разумное соглашение, независимая третья сторона.

Ex. 2. Match the words on the left with the correct definition on the right:

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