2.4 Arbitration and Mediation

2.4 仲裁和调节

Arbitration is the most traditional and well-known form used in the dispute resolution out of court.

仲裁是最传统并最为人熟知的用于法庭外解决争议的方式。

Arbitration is characterized by flexibility and mutual acceptance of means of conflict resolution.

其特点是具有灵活性，且解决争议的手段为双方所接受。

But recently, arbitration has been criticized as overly formal, expensive and almost as time-consuming as traditional litigation.

但近年来，仲裁一直受到批评。批评者认为它在形式上太正规，仲裁费用也很高，而且几乎和传统的诉讼一样费时。

Consequently, commercial parties often seek less formal and more efficient means to settle their disputes, such as mediation.

因此，商业纠纷当事人开始寻求不太正规、更有效率的解决争议的方式，如调解。

Mediation is a process in which disputing parties are aided by a neutral third party to attempt to settle their dispute.

调解是指争议各方在一个中立的第三方的帮助下解决其纠纷。

Mediation, unlike arbitration, is not generally binding.

与仲裁不同的是，调解一般没有约束力。

The parties may, however, agree to enter into a settlement agreement.

但当事人还是会同意签署一份和解协议。

Mediation is voluntary and non-binding and its process is under the control of the parties themselves.

调解是自愿的，没有约束力，调解过程完全由当事人自己控制。

Settlement will be reached only if it is acceptable to all the parties.

和解协议只有所有当事人都同意时才能达成。

If mediation fails, the dispute usually will go on to arbitration or litigation.

如果调解不成，将通过仲裁或诉讼解决争议。