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médiation préarbitrale

English translation: mediation / pre-trial mediation / pre-arbitration mediation

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:médiation préarbitrale
English translation:mediation / pre-trial mediation / pre-arbitration mediation
Entered by: Hazel Whiteley
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07:19 Dec 8, 2001
French to English translations [PRO]
Law/Patents
French term or phrase: médiation préarbitrale
...mettre l'emphase sur la médiation préarbitrale pour solutionner les différents.

Préarbitrale n'est pas français! Il s'agirait évidemment d'une médiation quelconque avant de passer à l'arbitrage devant un tribunal juridictionnel.
I desperately want to avoid something like pre-arbitration unless there is something a little more savoury.
Lise Boismenu, B.Sc.
Canada
Local time: 06:14
mediation / pre-trial mediation / pre-arbitration mediation
Explanation:
Mediation and arbitration are both forms of what in England we call alternative dispute resolution (ADR). You can have mediation and then, if it doesn't work, have arbitration. Arbitration is not in court but the parties agree to be bound by the arbitrator's decision. It is therefore slightly more contentious and similar to court proceedings than mediation, which is a set of aided negotiations. I think the translation will have to depend on whether it is envisaged that arbitration will be taken up if tihe mediation is unsuccessful. If not, I would refer to it as pre-trial mediation or, better still, simply 'mediation'.
Selected response from:

Hazel Whiteley
Local time: 11:14
Grading comment
I will used pre-arbitration mediation. For a lack of a better translation strategy, I probably should stick to something meaningful and to the point.
Thank you both for your efforts.
Lise
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +2mediation / pre-trial mediation / pre-arbitration mediation
Hazel Whiteley
4 +1conciliation before arbitration
Maya Jurt


  

Answers


8 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
mediation / pre-trial mediation / pre-arbitration mediation


Explanation:
Mediation and arbitration are both forms of what in England we call alternative dispute resolution (ADR). You can have mediation and then, if it doesn't work, have arbitration. Arbitration is not in court but the parties agree to be bound by the arbitrator's decision. It is therefore slightly more contentious and similar to court proceedings than mediation, which is a set of aided negotiations. I think the translation will have to depend on whether it is envisaged that arbitration will be taken up if tihe mediation is unsuccessful. If not, I would refer to it as pre-trial mediation or, better still, simply 'mediation'.

Hazel Whiteley
Local time: 11:14
Native speaker of: Native in EnglishEnglish, Native in SpanishSpanish
PRO pts in pair: 58
Grading comment
I will used pre-arbitration mediation. For a lack of a better translation strategy, I probably should stick to something meaningful and to the point.
Thank you both for your efforts.
Lise

Peer comments on this answer (and responses from the answerer)
agree  Carole Muller
1 hr

agree  Robert INGLEDEW: I prefer pre-arbitration mediation.
8 hrs
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13 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
conciliation before arbitration


Explanation:
or mediation before arbitration

Mediation or conciliation are alway "pre-". Therefore, you could just forget about it.

Maya Jurt
Switzerland
Local time: 12:14
Native speaker of: Native in GermanGerman, Native in FrenchFrench
PRO pts in pair: 412

Peer comments on this answer (and responses from the answerer)
agree  Carole Muller: mediation. Conciliation is maybe taking it to some form of solution already, no?
1 hr
  -> Yes, of course,
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