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Alternative Dispute Resolution (ADR)

Japanese translation: ADR

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:Alternative Dispute Resolution
Japanese translation:ADR

18:37 Oct 25, 2000
English to Japanese translations [PRO]
Law/Patents
English term or phrase: Alternative Dispute Resolution (ADR)
Following is the context in which the above phrase appeared:

"This case may be subject to Alternative Dispute Resolution (ADR) processes under Rule 114 of the General Rule of Practice for the District Courts. The Court Administrator or your attorney can provide you with information about ADR options and a list of neutrals available in your area."

If you know a good online dictionary or resource center for English/ Japanese Legal term, please let me know!! Thank you!!
Hiroko Albrecht
United States
Local time: 03:32
仲裁、和解、調停
Explanation:
Just to offer clarification in addition to the explanation I made before this one, these would be the tranlation given in statutes. In legal dictionaries, arbitration would be the exact translation for this Japanese word. At an academic level and in the minds of practitioners, ADR would include 仲裁、和解（わかい）、調停（ちょうてい）, all of them especially if ADR is conducted at a domestic level。 The reason why ADR could be translated as 仲裁 in many cases is, there is a common understanding that ADR designates arbitration when foreign parties are invloved. Also, in Japan, it is not only arbitration that is conducted in arbitral proceedings. Things close to mediation (調停）、consoliation (和解）also take place in arbitration in Japan in practice. Under the British and US system, arbitration is very adversarial and arbitrators adjudicate instead of settling cases. Whereas in Japan, each arbitrator designated by a party often talk to each other and try to settle disputes instead of adjudicating. If the word ADR appears in a contract, I would strongly suggest that you clarify whether ADR designates only arbitration or it also includes mediation and conciliation. Bear in mind that if you don't specify what kind of ADR you want, it would become difficult to pull out even if you don't want conciliation or mediation. However, even if parties to the contract prefer to have only arbitration, mediation and conciliation is likely to take place in the arbitraion tribunal because Japanese arbitrators have traditionally conducted arbitration that way and this kind of prctice is pretty much engrained in the system.
Selected response from:

mimichan
Local time: 03:32
Grading comment
Thanks for your time!

Again, this was not an excerpt from a contract but from a complaint. The translation was due October "2000," and nobody responded to my question then, so I ended up finding it myself. You are right, it was ADR.

I appreicate your effort, though.

1 KudoZ points were awarded for this answer



Summary of answers provided
5仲裁
mimichan
5仲裁、和解、調停
mimichan
4仲裁,
mimichan


  

Answers


369 days   confidence: Answerer confidence 5/5
仲裁


Explanation:
Could be read "ちゅうさい”　or "chuusai" if written in roman letters.

If you go to www.respond.com, they will help you.

I promise that I got the exact word because I was editing an arbitration thesis until yesterday.

mimichan
Local time: 03:32
Native speaker of: Native in JapaneseJapanese
PRO pts in pair: 16
Login to enter a peer comment (or grade)

370 days   confidence: Answerer confidence 4/5Answerer confidence 4/5
仲裁,


Explanation:
Just to offer clarification in addition to the explanation I made above, this would be the tranlation given in statutes. In legal dictionaries, arbitration would be the exact translation for this Japanese word. At an academic level, ADR would include 仲裁、和解（わかい）、調停（ちょうてい）。 The reason why ADR would be translated as 仲裁 (the exact word of which is arbitration )in statutes is, in Japan, it is not only arbitration that is conducted in arbitral proceedings. Things close to mediation (調停）、consoliation (和解）also take place in arbitration in Japan in practice. Under the British and US system, arbitration is very adversarial and arbitrators adjudicate instead of settling cases. Whereas in Japan, each arbitrator designated by a party often talk to each other and try to settle disputes instead of adjudicating. If the word ADR appears in a contract, I would strongly suggest that you clarify whether ADR designates only arbitration or it also includes mediation and conciliation.

mimichan
Local time: 03:33
Native speaker of: Native in JapaneseJapanese
PRO pts in pair: 16
Login to enter a peer comment (or grade)

370 days   confidence: Answerer confidence 5/5
仲裁、和解、調停


Explanation:
Just to offer clarification in addition to the explanation I made before this one, these would be the tranlation given in statutes. In legal dictionaries, arbitration would be the exact translation for this Japanese word. At an academic level and in the minds of practitioners, ADR would include 仲裁、和解（わかい）、調停（ちょうてい）, all of them especially if ADR is conducted at a domestic level。 The reason why ADR could be translated as 仲裁 in many cases is, there is a common understanding that ADR designates arbitration when foreign parties are invloved. Also, in Japan, it is not only arbitration that is conducted in arbitral proceedings. Things close to mediation (調停）、consoliation (和解）also take place in arbitration in Japan in practice. Under the British and US system, arbitration is very adversarial and arbitrators adjudicate instead of settling cases. Whereas in Japan, each arbitrator designated by a party often talk to each other and try to settle disputes instead of adjudicating. If the word ADR appears in a contract, I would strongly suggest that you clarify whether ADR designates only arbitration or it also includes mediation and conciliation. Bear in mind that if you don't specify what kind of ADR you want, it would become difficult to pull out even if you don't want conciliation or mediation. However, even if parties to the contract prefer to have only arbitration, mediation and conciliation is likely to take place in the arbitraion tribunal because Japanese arbitrators have traditionally conducted arbitration that way and this kind of prctice is pretty much engrained in the system.

mimichan
Local time: 03:33
Native speaker of: Native in JapaneseJapanese
PRO pts in pair: 16
Grading comment
Thanks for your time!

Again, this was not an excerpt from a contract but from a complaint. The translation was due October "2000," and nobody responded to my question then, so I ended up finding it myself. You are right, it was ADR.

I appreicate your effort, though.
Login to enter a peer comment (or grade)



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