For example, agreeing on the rules and procedures for the mediation and preparing for the mediation which includes dealing with the documentation and preliminary exchange of information so that the dispute can be most effectively and appropriately addressed. b. Phase Two: During Mediation It is in this phase that we see lawyers and mediators play very different, yet complementary, roles in the mediation process. The mediator facilitates negotiations while the lawyer offers specific legal advice and counsel. Generally, during the mediation meeting, the role of the lawyer would cover the following areas, namely: i.
Since both parties are encouraged to participate fully when it comes to finding a resolution, they often tend to work more peacefully rather than increasing their anger or hostility to the other party. Litigation tends to be the opposite as the judge or jury will make the final decision and there is no room left for negotiation. At the end of the litigation process it usually only favours one party. Enforcement of arbitration awards that are international can be difficult. However, it is easier to enforce in countries that are subscribed to certain International
Metaphor is one of the most often used figures of speech in literature and in everyday life and the judicial field is not an exception. It has been discovered previously in this paper that a legal term must be unambiguous and precise and it might seem that there is no place for metaphor in legal terminology. Regardless of that, legal terminology includes terms that have been created through the change of meaning of general words. As Veisbergs claims (2013: 75): “at the basis of new meaning formation often stands a metaphor, metonymy, analogy, and figurative use, since vocabulary extension is usually based on likeness, similarity and association”. The reason for applying this strategy in the creation legal terminology might be that due to its
Mediation or Arbitration Alternative dispute resolution mechanisms have changed the way disputes are resolved across the globe. The methods have taken disputants from courts and placed them on a pedestal where not only their dispute is resolved but also their relations mend. This process allows each party to the dispute to play an active role in the dispute resolution (Farmer, 2012). There is two main alternative dispute resolution mechanism used worldwide. These are mediation and arbitration.
It should promote their general understanding of how mediation differs from adjudication, the mediator's role and how it differs from that of an arbitrator or judge, the specific norms that will govern the procedural aspects of the process, and the rules governing consent. "Outcome disclosure" should be such that it is sufficient to enable the parties to arrive at an agreement relying on sound judgment. It requires that parties have a general understanding of and address the relevant facts and understand their own interests and values. 2. ELEMENTS OF CONSENT There is a great deal of confusion surrounding the concept of consent in mediation.
Question (a) Mediation In a mediation procedure, a neutral intermediary, the mediator, helps the parties to reach a mutually satisfactory settlement of their disputes. Any settlement reached is recorded in an enforceable contract. Mediation is a non-binding procedure controlled by the parties, meaning a party to mediation cannot be forced to accept an outcome that he does not like. Characteristics of Mediation process It involves two or more parties in dispute over one or more contractual issues. In mediation the parties cannot be compelled to disclose information that they prefer to keep confidential.
(Gil and Guzmán 2010) Every aspect of our social and political life is now heavily mediated by translators and interpreters, hence their increased visibility. As Isaac Bashevis Singer said: "the translator must be a great editor, a psychologist, a judge of human taste; if not, his translation will be a nightmare." Translation has various domains and one of them is legal translation. A legal translation is any used within the legal system including documents such as contracts, international instruments, affidavits, regulations, laws, legal certifications and statements…etc. In new approach to legal translation, Susan Šarčević says: "Although translations of legal documents are among the oldest and most important in the world, legal translation has been neglected in both translation and legal studies.
“A legal system is constituted by a set of legal institutions and the rules and procedures they formulate and apply in their everyday work” (p.31.. In other words, a legal system is just another way for creating and enforcing laws. Legal systems are very important; therefore, examining other legal systems or comparison of each one can help us gain an understanding of other legal systems that will be very beneficial to the U.S. It can also make us appreciate certain aspects of our legal system as well. There are five types of legal systems.
Very similar yet very different parts of the law. Substantial law has it own divides where people and/or the state meet. Whereas procedural law tells the legal laws how they should act or set the ground work for the laws. But in the end procedural law is a stem of a form of substantial
Legal speech acts are divided into (a)representative (b)co missives(c)expressive (d)declarative (e) directive. Thus, per formative nature of language is necessary to achieve the purpose of law in arranging the human behavior and society. Cao supposes that there is differences between legal language as a register and the variety of language use of the technical nature. Although legal language shares the common core of general