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  3. Divorce In arbitration, the divorce case is presented to a neutral party called an arbitrator who, like a judge, has the po

Divorce In arbitration, the divorce case is presented to a neutral party called an arbitrator who, like a judge, has the po

admin2010-02-17  51
问题                                       Divorce
     In arbitration, the divorce case is presented to a neutral party called an arbitrator who, like a judge, has the power to decide what should happen in the case. Arbitrators may be matrimonial lawyers or former judges, but in any case they should be familiar with the law. The arbitrator has power to compel decisions over the objection of one or both parties. The decisions may be either binding or nonbinding. If binding, parties are usually bound by the decision until you can prove the arbitrator was biased, made a gross error of law or exceeded the arbitrator’s authority. A nonbinding decision may be appealed, but if the end result is the same as the first decision or more favorable to the other spouse, the spouse who appealed may be ordered to pay the other’s costs.
     Many states now require you and your spouse to participate in mediation, arbitration or some other form of alternative dispute resolution before a judge will hear the divorce case. Usually you will have to pay for the services, but in some states the court will provide mediators at no cost. In any case, resolving your conflicts without going to court will cost you less money and be easier on your emotions. Here are some tips to consider when evaluating mediation and arbitration options:
   A mediator helps you and your spouse to reach an agreement but has no power to enforce it.
   An arbitrator acts like a hired judge but may or may not be a lawyer.
   An arbitrator may also enforce an agreement.
   If the court requires mediation, opposing it may anger the judge and prejudice your case.
   Mediated agreements may be harder to alter than court decisions.
   Whether you use mediation or arbitration, go into it prepared.
Which of the following statements is true, according to the passage?
选项 A、Both of the two parties are responsible for the cost involved in the case.
B、The party who appealed and failed will have to pay for the other’s costs.
C、Once the agreement is reached, it is the judge that is eligible to enforce it.
D、The arbitrator is required to be a lawyer, a sitting lawyer or a retired lawyer.
答案B
解析 本题是判断题。选项A看似正确，但是文章里提到，在有些州，诉讼双方是不必支付调解费用。选项C不对，是因为文章中提到仲裁员或者调解员也有权利。选项D是错误的，因为文章的最后提到过仲裁员或者调解员不一定必须是律师。所以答案是B。
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