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法律专业英语论文-争议的解决方式研究 [4]

论文作者:www.51lunwen.org论文属性:课程作业 Coursework登出时间:2014-06-14编辑:lzm点击率:19282

论文字数:7373论文编号:org201406141802465996语种:英语 English地区:中国价格:免费论文

关键词:争议的解决方式法律专业Litigation and arbitrationDiscourage litigationlawyers and clients

摘要:Derek Bok, former president of Harvard University, stated: "Over the next generation, I predict, society's greatest opportunities will lie in tapping human inclinations toward collaboration and compromise rather than stirring our proclivities for competition and rivalry.

trial, or to settlement on the courthouse steps. Worse yet, the courts are backlogged with cases that have been around for four or even more years.
Legislatures appear unwilling to spend more tax dollars on increasing the number of judges, so there is no immediate end to this backlog in sight.
The longer a case is kicking around before the matter is resolved, the greater the fees, the greater the frustration of the parties, the greater the chance for negative media attention, and, in many instances, the less likely it is that the parties will be satisfied with the outcome.
A study of ADR effectiveness in twenty-nine medical malpractice claims against the government handled by Assistant U.S. Attorneys revealed that seventeen cases were settled in mediation, and in another ten cases the issues were narrowed by mediation. The attorneys surveyed estimated that they saved an average of 100 hours of attorney time and six and one-half months of litigation time in each case, not to mention a per-case average savings of $ 12,000 in litigation costs.
Beyond saving attorney time and judicial resources, ADR saves the businessperson's time as well. Executives and managers are in the business of running a business, not litigating claims. Time spent responding to discovery, being deposed, and sitting in court or lawyers' offices does little to promote their businesses. Getting the same managers together more informally, such as in mediation, can cut through a lot of the posturing and help them focus on resolving their differences so that they can get back to what they do best- running their businesses.

B. ADR Saves Money.
Most everyone agrees that litigation is not, in many instances, a cost-efficient process. On average, ninety-eight percent of the costs of civil litigation are for legal fees. In some cases, the fees can even surpass the recovery. One commentator, a commercial litigator since 1974 and an arbitrator and mediator since 1979, cites the example of one case in which one of the defendants admitted that it could be found liable for part of the problem at issue, but that its liability could not exceed $ 100,000. Despite that fact, it had spent $ 400,000 in defence costs, and there was no end in sight-and it was only one of twelve parties involved in the case!
As more data have become available, it has become increasingly clear that using ADR techniques produces significant cost savings. For instance, a 1994 Price Waterhouse survey of corporate law departments indicated that forty-five responding companies experienced annual savings of $ 100,000 through the use of ADR, and ten percent of the respondents reported saving over $ 1,000,000 per year. The Center for Public Resources reported that in one year alone, its members experienced direct legal cost savings of about $ 77.5 million as a result of employing ADR methods to resolve business disputes.
DPIC Companies, a national Insurance carrier, in recognition of the cost saving benefit of ADR, instituted a program it calls "Mediation Works!" Under the program, if a claim is made against an insured who agrees to mediation and the claim is resolved through mediation, the insurer contributes half of the insured's deductible up to $ 12,500. In about the first seven years of the program, the insurer returned $ 1,725,000 in deductible credits to its insured accountants, architects, attorneys, engineers and environmental consultants论文英语论文网提供整理,提供论文代写英语论文代写代写论文代写英语论文代写留学生论文代写英文论文留学生论文代写相关核心关键词搜索。

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