英文摘要 |
There are four kinds of methods--negotiation, mediation, arbitration and lawsuit--to resolve the business disputes between the Taiwanese firms and the local businesses in Chinese mainland. Each method mentioned above is identified as a method of ‘alternative dispute resolution’.Taiwanese businesses frequently complained that the trials of Chinese mainland are unfair to them. So, some of Taiwanese scholars and experts suggested that the Taiwanese businesses should adopt arbitration method to resolve their business disputes with the local companies in Chinese mainland. However, Taiwanese businesses in Chinese mainland still think that even they adopt arbitration method to resolve the disputes with the local companies in Chinese mainland, they probably cannot obtain a fair award because of insufficient Taiwanese arbitrators and administrative intervention in Chinese mainland. As for the mediation, the Taiwanese businesses think that the mediation procedure is quite complicated and the agreement probably will not be executed.According to this paper, although the Taiwanese businesses in Chinese mainland can adopt mediation and arbitration methods to resolve their disputes with the local firms in Chinese mainland, the best method should be the negotiation evaluated from the indicators of efficiency, costs, professionals, friendly relations, degrees of difficulty, and executive powers. |