INTERNATIONAL MAIL May 18, 2004 Mr. Johnson Smith, CEO Eagle Trade, Inc. 620 - 5th Avenue New York, N.Y. 10002 The United States of America Re: Eagle Trade, Inc. et al v. Duck Trading Co., Ltd. Dear Mr. Smith: As a preferred and commonly used method to solve business disputes in China, I would propose that you consider mediating your dispute with Duck Trading Co., Ltd. Mediation can save your time and money, and we can always proceed to judicial proceedings if the mediation turns out unsuccessful. Mediation as practiced in China is a structured process that is guided by a trained professional. A mediator does not resolve the allegations or impose a decision on the parties. Instead, the mediator helps the parties to agree on a mutually acceptable resolution. Therefore, mediation is a voluntary form of dispute resolution. The goals of mediation are to resolve issues and rebuild work relationships so that the parties can move forward. Mediation gives the parties the opportunity to discuss the issues, clear up misunderstandings, solve underlying problems and develop a resolution. The mediation process is strictly confidential, and it will not be used to establish evidence, facts or procedures. In a sense, mediation does not determine guilt, blame or fault in a matter. However, mediation does produce legally binding settlement agreements. Violations of settlement agreement will be reported. In this sense, mediation does not limit or restrict your right to use formal judicial processes if the mediation is unsuccessful, as long as time frames are observed. As aforementioned, mediation is an efficient process that saves time and money. Successful mediation avoids a time consuming investigation and achieves a prompt resolution of the allegations and claims. The majority of mediations are completed in one session, which usually lasts for one to five hours. Some of the other advantages of mediation in China include but not limited to: 1. Mediation is fair. Mediators are neutral third parties who have no interest in the outcome. Their role is to help the parties resolve the issues.88 2. Mediation is a confidential process. The sessions are not tape-recorded or transcribed. Notes taken during the mediation are destroyed and will not be admissible in court. 3. Settlement agreements reached during mediation do not constitute an admission of guilt. 4. Mediation avoids lengthy and unnecessary litigation. Research shows that the majority of mediations produce outcomes satisfactory to all involved parties. Although mediation is not a mandatory pre-trial procedure, please consider the above information carefully and come back to me before June 1, 2004 to advise how you would like to proceed with the matter. Sincerely, Zhang, Wang & Lee, L.L.P. Deguang Zhang, Esq.
(聲明:本站所使用圖片及文章如無注明本站原創(chuàng)均為網(wǎng)上轉(zhuǎn)載而來,本站刊載內(nèi)容以共享和研究為目的,如對刊載內(nèi)容有異議,請聯(lián)系本站站長。本站文章標(biāo)有原創(chuàng)文章字樣或者署名本站律師姓名者,轉(zhuǎn)載時請務(wù)必注明出處和作者,否則將追究其法律責(zé)任。) |