Assignment First


  即使是关于这个问题的研究也表明,尽早在国内或国际范围内由法律协助的辩论中使用ADR显然会导致较低的费用。这将减少客户支付的不必要的法律费用。由于法院系统的原因,客户的脆弱性问题也经常出现。然而,ADR不仅减少了这种情况,还确保了在冲突解决中对需求进行现实核查。在这种情况下,法律的适用更加平衡,客户可以获得更好的结果。此外,诉讼带来的情绪压力对那些面临许多其他不利条件的客户来说可能是毁灭性的(Ho 2012)。例如,在解决冲突的过程中,一个人可能在国外,这可能是一个不利因素。


  仲裁和调解都被认为是ADR的不同形式。然而,一个重要的方面是,它们在关注各方根本利益的方式上是不同的。例如,仲裁被认为是法律权利的确定。在调解的另一种情况下,可以观察到一种便利的谈判,即当事方可以提出其权利之外的利益。与调解相比,在使用仲裁等程序时,有约束力的裁决是可能的。中介更像是一种具有约束力的决定,尽管它只适用于非常短的时期。在一个国际法律的例子中,可以看到工作关系受到了影响,因为数据被放在外面让每个人都能看到。信息表示的形式和信息的使用方式改变了工作关系。在ADR过程中,比如仲裁,即使在解决冲突的过程中,也有可能挽救工作关系。这是因为仲裁是在一些中立的环境下进行的,纯粹是为了找到一个解决方案(Rovine 2011)。同时,在选择他们所需要的仲裁员的形式上,也保证了冲突代理人的灵活性。仲裁员的能力,他们希望诉讼程序采用的语言也很有帮助。在正常的法庭程序中,不能有这样的灵活性,因为通常有两个当事方专注于两件不同的事情,以确保这一程序能够持续更长时间。


  Even studies on the subject indicate that it is evident that by using ADR as early as possible in a legally assisted debate whether in domestic or in international context, would lead to a lesser level of cost. It would reduce the unnecessary legal fees that are paid by clients. Client vulnerability issues often arise too because of court systems. However, ADR not only reduces this, it also ensures that there is a reality check on demands made in conflict resolution. Application of the law is made more balanced here and clients can achieve better outcomes in this situation. Furthermore, emotional strains of litigations could be devastating for those clients that face many other disadvantages (Ho 2012). A person for instance can be outside the country during conflict resolution proceedings and this could be a disadvantage.

  Arbitrations in International Context

  Now arbitrations and mediations are both considered as different forms of ADR. However, an important aspect is that they are different in the way the underlying interests of parties are brought to focus. For instance, arbitration is considered as the determination of legal rights. In the other situation of mediation, a facilitated negotiation is observed where parties can present their interests beyond just their rights. Binding determination is possible when making use of procedures such as arbitration as compared to mediation. Mediations are more of a binding determination, though it is just for a very short period. In the case of an international legal battel, it is seen that working relationships are affected because the data is put outside for everybody to see. The form of information representations and the way the information is used have changed the working relationships. In the case of an ADR process such as arbitration, it is possible to save working relationships even as a conflict resolution process goes on. This is because arbitration is carried out in some neutral setting purely for finding a resolution (Rovine 2011). Also, the flexibility assured to the conflicting agents in the form of choosing the form of arbitrator they required. The ability of the arbitrator, the language in which they wanted the proceedings to move is also helpful. In the case of normal court procedures, such flexibility cannot be had for the reason that there are usually two parties focusing on two different things to make sure the process could go on for longer.