POINTS TO STUDY
- What is the Alternative Dispute
Resolution?
- Is mediation allowed to all 50 states?
사회활동이나 사람간의 일에서 언제나 의견의 일치만을 기대할수 없겠지요. 어떤 이유에서든 분쟁이 생기면 항상 법정에서 해결책을 찾기보다는 적절한 타협점을 찾는 것이 양측 모두에게 도움이 됩니다. 특히 회사간의 분쟁을 조절하는데 이런 협상은 더욱 중요한 도구가 됩니다. 오늘의 강좌는 이런 분쟁 조절 기능에 대한 강의 입니다.
VIDEO
http://www.youtube.com/watch?v=K6poMbalZAU
SCRIPT, LISTENING TIPS, & GRAMMAR
Listen to part of the lecture / in a business
class. Alternative dispute resolution
(ADR).
Now, all of you know / that
business relations can go sour / and sometimes deals are broken / and the
solution needs to be reached.
That’s why I want to talk to you today about ADR / or
Alternative Dispute Resolution. Some
of you may have talked a little or a lot about ADR / in one of
you law classes and that’s great.
You will find an overlap and that’s OK. ADR is really becoming a viable
way to resolve problems without going to a court / or it can
be a way to short cut of lengthy court process. So if you have heard of some of this before,
listen again because / what you’re going to hear today /
has the possibility of being very beneficial to you / in your business endeavors
/ and might even help you / in other aspects of your life
/ when there are disputes which need to be resolved. So / let’s get started.
ADR stands for alternative
dispute resolution. It’s an alternative
way to solve problems, a way to resolve problems without
the intervention of courts in the legal system. Think about each of the three words:
there has to be a dispute, the dispute needs to be resolved,
and it is an alternative way to the traditional method of resolving
problems in business / and the traditional way is / through the courts. ADR is popular / in all of the states
/ and in fact some states permit types of ADR to happen before
a lawsuit is filed. Now not
all states allow that so in most cases / we’re going to be talking
about a process that takes place to try to resolve of that problem
/ after a lawsuit has been filed.
- problem / after 여기서 나레이터의 숨쉬는 소리가 느껴 지시나요? 그게 뭐 중요하냐? 하시겠지만, 중요한건 전치사절 after의 바로
앞에서 숨을 쉰다는 것입니다. 앞의 문장을 보시면 이 전치사 절이 없어도 전체 문장의 의미전달엔 문제가 없으므로, 이 전치사 절에서 제공하는 정보는 부가적인 정보라는 걸 알수 있습니다.
이렇게, 말하는 사람의 호흡에서 이 사람이 생각하는 정보의 경중을 유추할수 있다는 것이 중요한 점 입니다. 이것은 특히 영어로 비즈니스를 하는 경우, 협상장에서 오고가는 영어대화에서 상대방의 의도를 정확히 파악하고, 숨기고 싶어하거나 드러내고자 하는 의중을 ‘문맥’에서 읽어내야 할 경우에 아주 유용하게 써먹을수 있다는 점에서 신경을 써야할 부분 이라고 생각 합니다.
There are several types of ADR. One of the most popular is / mediation. Mediation is a process where the third
person, a person who is neutral and doesn’t have interest in what the solution
is, plays a role / and the process where a mediator / in neutral / trys to
encourage and help to resolve a dispute / or problem between two or more
parties. Now you won’t know / that the
court hearings are adversarial / that is, lawyers are representing their
parties / and present the best case they can for their party. But in mediation, there is difference, is a
non-adversarial process, and that means / that lawyers take off their hats as lawyers
and work with clients to solve the problems with the other party.
- trys to encourage 이부분이 좀 이상하게 들립니다. 처음엔 in curate zone으로 들리더군요. 정확하게 encourage로 들리셨나요?
- that means /
that lawyers 일반적으로 mean 뒤에 절이 올 경우,
숨표(pause)를 줌으로서 다음에 올 내용에 대한 집중을 유도 합니다.
- that means / that lawyers take off their hats as lawyers and work
with clients to solve the problems with the other party. 여기서 처럼 한번 숨을 쉰후에 상당히 긴 문장을 한번의 긴호흡으로 쭉~ 읽어 나가면,
따라가는 우리는 중간에 뜻을 잊어먹기 쉽습니다. 이런 경우는 일반 회화에서는 드물고,
이렇게 강의나 발표자의 입에서 자주 들을수 있는데, 이건 반복연습을 통해서
문장의 직청직해 능력을 올리는 것외, 따로 요령이 없군요…
The process is non-adversarial / and it
is informal. There are no rigid rules
that have to be followed / as in a court proceeding. The objective of mediation is for the parties
themselves to decide what is the best way to solve the problem. You know that in a trial that
either the judge or jury will make a decision for the parties. So that is one of the beauties
of the mediation. The parties are the
ones who have voice and the decision making process and in
the decesion itself. It won’t
be the mediator who makes the decision. It will be the parties
themselves. The the mediator’s role
is to help the parties identify issues and encourage to
joint decision making and explore settlement options.
- to decide what is the best way to solve
the problem 밑줄친 부분의 문법적 오류를 눈치 채셨습니까? 이전에 말씀 드린대로 oral conversation에서 문법은 그리 따지지 않지만,
우리는 배우는 입장이니 정확한 표현으로 바꾸어 봅니다.
관계대명사 what이 이끄는 절은 동사 decide의 목적어 역활을 하는 목적절 이므로,
to decide what the best way to solve the problem is 가 정확한 문장 입니다.
Another advantage of mediation / is that it is confidential. Usually what happens is this / a lawsuit
is filed, then at some point the judge can order the parties to sit
down and try to resolve the issues / with one of the lawyers
or a party to the lawsuit can / ask the court / to order
mediation. Now that part of the
process is known by the court, but nothing is told to the
court about what is discussed in the mediation session. And sometimes / more than one
session is needed to work through all the problems. So that’s another plus, it’s confidential. If the parties don’t reach a solution,
then there is a report made to the court that there was no agreement
reached / and the lawsuit continues.
Now even agreement is reached,
then the agreement is filed with the court, and the agreement is binding
on the parties. If a party decides not
to follow through with the agreement, then everyone can go
back into a court and the parties who are not following the order
can be punished with some kind of sanction. Another thing, the parties must
be mediating in good faith. Now that doesn’t / mean that they have
to reach an agreement. They just have to
try to reach an agreement, but in reality / a great
percentage of the lawsuits / which are mediated do get settled outside
of the court. I’m not
going to talk about how mediators are trained or chosen / where
the actual process involved in mediation. If you are ever in a situation where
you need a mediation, those are things which you can find
out then. Also remember
that / not all states will have the same rules to pertaining to mediation
or any of the other ADR methods, but I have talked to you today
about the concept of the mediation and how it generally is structured. So next time we will talk about other
types of ADR.
- If you are ever in a situation where you need a
mediation 제니퍼의 강세에
대한 강의에서 function word에는 일반적으로 강세를 주지 않는다 하였고 in 은 전치사로서 function word입니다. 하지만 여기선 의도적으로 in에 강세를 주고 있습니다. 그 이유는 이곳에서 보다 자세한 mediation에 필요한 테크니컬한 점,
어떻게 중재자 (mediator)를 훈련시키고 구하는지 등등의 문제는 실재
중재가 필요한 상황에 접하게 되면이란 뜻을 강조하기 위함입니다.
일반적인 규칙은 규칙으로 알아 두지만 이 규칙이 반드시 따라야만 하는 법은 아니란 점을 염두에 두시고 유연 하면서도 탄력적으로 상황에 맞게 강세를 이용한 리듬감을 익히는 것, 이것이 현실영어를 제대로 배우고 사용할수 있는 지름길 입니다.
1.What is the talk mainly
about?
a) Business relations
b) Advantages of mediation
c) Mediation
d) Disadvantage of mediation
2.In the lecture, the professor describes some
advantages of mediation. Indicate whether each of the following is an advantage
instructor discussed. Click in the each
box for correct phrase.
a)Time to resolve
b)Confidentiality
c)Parties make decisions
d)Mediator makes the descision
e)Avoids a trial
3.Why does the professor mention the role of the
mediator?
a)To explain why it is important to choose a good
one
b)To explain how the is involved in the process
c)To explain that he should be aware of the facts
of the case
d)To explain he will be involved in the decision
making
4.According to the professor, what is one
important goal of mediation?
a)To have the parties resolve their own problems
b)To have the court resolve the parties problems
c)To have the mediator resolve the parties
problems
d)None of the above
5.Why does the professor mean when he says this
a)It will be more helpful to take this class even
if some students have learned the same parts already
b)The professor does not want the studentsto think
they know everything they need to know about ADR
c)The professor wants his students to understand
the concept of ADR
d)All of the above
6.Why does the professor say this
a)To express the uncertainty of resolving problems
b)To explain what is meant by the word mediation
c)To explain what is meant by good faith
d)To explain how long they have to mediate
VOCABULARY
- Alternative dispute
resolution, n. an
argument between two or more people
In a civilized society, any dispute can be resolved without violence.
- relations can go sour , a. Of or relating to
excessively acid
The business plan turns sour.
- You will find overlap and
that’s OK. , v. To
have an area or range in common with.
The new project will overlap with the on-going projects.
- ADR is really becoming a viable
way , a. Capable
of success or continuing effectiveness; practicable:
The president’s stimulus plan will be viable as long as the fund works as planned.
- a way to short cut of lengthy
court process., a.
Tediously long; drawn-out:
We should cut in half this lengthy meeting.
- beneficial to you / in your business endeavors,
n. concerted
effort toward an end: enterprise
The government endeavored to improve the quality of life in the inner city.
- without the intervention
of courts, n. To
come, appear, or lie between two things: You can't see the lake from there because the house intervenes.
- some states permit types
of ADR, v. To
grant consent or leave to (someone); authorize:
Please permitted him to explain.
- You know that in a trial
that, n. lawsuit
I will become a tral lawyer because I love standing up and argue in a court room.
- Another advantage of mediation / is that it is confidential. , a. secretive
Could you keep our conversation in confidential?
- a lawsuit
is filed, , n. trial
- try to resolve
the issues. , v. To find a solution to; solve.
A dispute always requires resolving in some way.
- the agreement is binding on the parties. , v. To place under legal obligation by contract or
oath.: abide by
The contract between you and me binds the deal with a down payment.
- can be punished
with some kind of sanction. , n. Authoritative permission or approval that makes a
course of action valid
A court order is a sanction that must be followed, otherwise punishment is applied.
- the same rules to pertaining to mediation. , v. To have
reference; relate:
Police acquired the evidence that pertains to the accident.
TODAY’S PRONUNCIATION
Daily Pronunciation #36 - English Lesson – KNACK
PREVIEW FOR TOMORROW
내일은 레베카 선생님의 강의로 쉽게 헷갈릴수 있는 단어들인 THEY'RE, THERE, THEIR을 어떤식으로
들을때 구분하는지에 대해서 알아 보겠습니다.