Settling Disputes Chapter 4. Conflict Natural part of everyday life - inevitable Natural part of everyday life - inevitable –Some type of unfriendly encounter.

Slides:



Advertisements
Similar presentations
Chapter 4 Settling Disputes. Solving Disputes Conflict is inevitable - how do we handle conflict? Courts - disadvantages - expensive, can make problem.
Advertisements

Last Topic - National Security Measures taken to ensure national security include Pakistan National Security Council (PNSC) Elements of National Security.
Legal and Ethical Environment of Business (Mgmt 518) Dispute Resolution (Chapters 2 and 3) – Part 2 Professor Charles H. Smith Summer 2012.
Litigation and Alternatives for Settling Civil Disputes CHAPTER FIVE.
16.1 Civil Cases.
Chapter 2.2: Civil & Criminal Trials
ADR Alternative Dispute Resolution. Criminal Law vs. Civil Law Criminal LawCivil Law Deals with crime Deals with disputes between individuals/organizations.
Business and Its Legal Environment (Mgmt 246) Alternative Dispute Resolution (Chapter 3) Professor Charles H. Smith Fall 2010.
DISPUTE RESOLUTION METHODS
Chapter 3 Court Systems Law in Society Ms. Baumgartner.
Mediation Information Role Play Case Study. Goals Studying mediation helps you understand that disputes can be resolved successfully without courts or.
Introduction to Mediation. Alternative Dispute Resolution Negotiation Negotiation Arbitration Arbitration Mediation Mediation.
© 2009 Pearson Education, Inc. publishing as Prentice Hall Ch. 4-1 THE LEGAL ENVIRONMENT OF BUSINESS 1 The Legal Environment of Business A Critical Thinking.
Business Law with UCC Applications, 13e
Alternative Dispute Resolution Duncan Bunce Presentation by Duncan Bunce Read & Précis: Chapter 4, Issue 1, pages
Lawmaking and Advocacy. Laws and Courts Agencies – government groups that create rules and regulations to make laws more specific (TSA, DOT, OSHA) Courts.
© 2006 Prentice Hall Ch. 4-1 THE LEGAL ENVIRONMENT OF BUSINESS A Critical Thinking Approach Fourth Edition Nancy K. Kubasek Bartley A. Brennan M. Neil.
Settling Disputes Methods for Solving Disputes * Informal Talks
Today’s Agenda (4/27/15): 1)Congress Review 2)Today’s Central Questions 3)Resolving Conflicts in Society (Outside of Court) 4)Conflict Resolution: How.
Resolving Education Disputes Scott F. Johnson. About Me Professor of Law at Concord Law School Hearing Officer with NH Dept. of Education NHEdLaw, LLC.
Law and Justice: Chapter 4
Chapter 16.1 Civil Cases. Types of Civil Lawsuits In civil cases the plaintiff – the party bringing the lawsuit – claims to have suffered a loss and usually.
Civil Dispute Resolutions. Judicial Determination  Judicial determination is when a dispute is resolve by a third party Judge. This is done in the Supreme.
PACS 3700/ COMM 3700 ADR – Alternative Dispute Resolution (Third Party Approaches to Conflict)
Alternative Dispute Resolution (ADR) Pages
 Adviser – advises a client on steps to take to avoid possible legal problems.  Drafter – writes contracts and other documents for clients.  Negotiator.
Settling Disputes Chapter 4.
Alternative Dispute Resolution -. ADR Processes The most common forms are: –negotiation –mediation –arbitration.
Chapter 3 Trials and Resolving Disputes. Chapter Issues Basic Trial ProceduresBasic Trial Procedures Procedures and Processes of Litigating a DisputeProcedures.
Change Orders. CO Proposals Initiated by owner or GC –Owner requests estimate for work proposed –GC CO results from changed site condition or response.
Trials and Resolving Disputes
Alternative Dispute Resolution
Methods for Solving Disputes: (41- 44) –Among the most common methods of solving disputes out of court are negotiation, arbitration, and mediation. –Mediation.
INVESTIGATIONS MEDIATIONS & ARBITRATIONS POWER TOOLS FOR MANAGING WORKPLACE DISPUTES © Patricia Lee Connors, Esq
© 2006 Pearson Education, Upper Saddle River, NJ, All Rights Reserved.Hames/Ekern: Introduction to Law, 3 rd edition Chapter Thirteen Alternative.
Settling Disputes out of Court Conflict is a part of everyday life. Courts can help resolve conflicts, but there are other methods to help solve everyday.
Consumer Rights and Responsibilities Chp Settling Conflicts Self-Help Remedies –Negotiating – finding a solution that is acceptable to both sides.
Chapter 4 Settling Disputes. Conflict  Conflict is a natural part of everyday life  Can be productive when managed responsibly!!
Chapter 8 Section 2 Resolving Union and Management Differences How do you resolve an argument?? (Ex. What type of steps do you take to settle an argument.
Social Science.  The main purpose of civil law is to settle disagreements fairly  People file lawsuits, or cases in which a court is asked to settle.
Dispute Resolution Services McGraw-Hill/Irwin Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved.
By Paramita Khisa.  VCAT and court use a range of methods to resolve criminal and civil disputes.  Criminal cases are solved by the judge in courts.
Chapter 4 – Settling Disputes.  Effective community advocates work to solve problems in the community by proposing and lobbying for better laws and public.
THIRD PARTIES. Negotiation would appear to be the best way to settle a dispute Parties control process Flexible Places responsibility to resolve solely.
Alternative Dispute Resolution Mediation. What is Dispute Resolution? Methods to resolve a conflict Methods to resolve a conflict May be referred to as:
©2001 West Legal Studies in Business. All Rights Reserved. 1 Chapter 3: Alternative Dispute Resolution.
Resolving Education Disputes Scott F. Johnson. About Me Professor of Law at Concord Law School Hearing Officer with NH Dept. of Education NHEdLaw, LLC.
Monday – November 30 Have your research assignment from last week for class discussion.
Eliseo Lugo III.  Distinguish among the three most common methods for settling disputes outside of the courtroom.  Define the terms: settlement, arbitration,
Settling Disputes. Disadvantages to the Courtroom n There are three main disadvantages in going to court. –1. Court process is time consuming –2. Court.
AN OVERVIEW OF ALTERNATIVE DISPUTE RESOLUTION (ADR) MECHANISMS BY MUENI MUTUNGA.
ALTERNATIVE DISPUTE RESOLUTION
Settling Disputes Chapter 4.
Civics & Economics – Goals 5 & 6 Civil Cases
Law and Civics gets Fancy…
Chapter 4 Settling Disputes
Unit 7: The American Legal System
Introduction to Mediation
CHAPTER 3 Court Systems 3-1 Forms of Dispute Resolution
Alternative Dispute Resolution
Settling Disputes Chapter 4.
Civil Suits (Chapter 16, Section 1).
Chapter 4 Settling Disputes.
Settling Disputes Chapter 4 Law Related.
Lawyers.
Chapter 16.1 Civil Cases.
Introduction to Mediation
Today’s Learning Goal:
Law and Justice: Chapter 4
Law and Justice: Chapter 4
Presentation transcript:

Settling Disputes Chapter 4

Conflict Natural part of everyday life - inevitable Natural part of everyday life - inevitable –Some type of unfriendly encounter –We think of it as a problem »Can it be productive? »How? Often one learn from their mistakes or encounters Often one learn from their mistakes or encounters

Managing Disputes Since it is inevitable, need to know how to manage or handle it Since it is inevitable, need to know how to manage or handle it –Handle in court? »Possible »Court can take a long time and be expensive –Very few disputes actually get to this stage –Often settled outside of court

Methods for Solving Disputes Negotiation Negotiation –Most common; informal; usually handled out of court –Ideal for many types of problems –People talk to each other and try to reach a solution acceptable to all »Happens with friends, parents, teachers, employers

Negotiation continued –Attys/organizations can be hired to help negotiate »Negotiation doesn’t always just involve the parties trying to resolve this issue »It is helpful at times to have someone negotiate for you

Phases of Negotiation Phase I - Preparing to Negotiate Phase I - Preparing to Negotiate Phase II – Negotiation Phase II – Negotiation Phase III - After the Negotiation Phase III - After the Negotiation

Phases of Negotiation Phase I - Preparing to Negotiate Phase I - Preparing to Negotiate –Sincere interest –ID issue that is causing conflict –See the other person’s perspective –Sort out own feelings about the problem –ID two workable solutions that you think might resolve the problem

Phase II – Negotiation Phase II – Negotiation –Work together to ID real issue –Listen carefully to the other person’s perspective »Hear and understand what is being said »Ask Qs »Take a break to cool off –Think of many solutions together; make a list –ID 2 or 3 of the most workable solutions »Be realistic about ideas –Repeat the main points of the agreement to be sure that both parties understand it –Decide what should happen if the agreement is broken

Phase III - After the Negotiation Phase III - After the Negotiation –Decide what to tell others about how the problem was handled –Focus on future relationship of parties –Discuss the problem again if the agreement does not seem to be working –BUT DON’T SETTLE IF YOU THINK THE SOLUTION IS UNFAIR

Arbitration Arbitration Arbitration –Parties in a dispute AGREE to have one or more persons listen to their arguments AND make decision for them –Arbitrator - a person being asked to make the decision; like a judge; less formal than a trial –Parties must follow the decision unless it is agreed to before hand to be a “non-binding” hearing

Arbitration continue –Used primarily in contract, labor- management and some international law cases –Unions contracts include arbitration clauses; means the union and E’er agree in advance to submit to arbitration and be bound by decision

Arbitration… – –affords consumers the same damages as taking the case to court – –faster and less expensive than taking it to court – –more accessible to consumers – –widely used in the private and public sectors – –Employees fare better in arbitration

Mediation Mediation – Mediation – –Voluntary –3rd person (neutral) helps disputing parties talk about their problem and settle their difference –Mediator does not impose a decision –Mediator listens carefully to both sides and tries to understand each other’s positions –The disputants themselves must reach a decision

Mediation continued Ombudspersons Ombudspersons –People who investigate complaints and then help the parties reach some agreement –Gov. and colleges usually have these

Steps in a Mediation pg 43 Introduction Introduction Tell the story Tell the story ID positions and interests ID positions and interests ID alternative solutions ID alternative solutions Revise and discuss solutions Revise and discuss solutions Reach an agreement Reach an agreement

Settlement Settlement – an agreement between the parties is reached before the case goes to trial Settlement – an agreement between the parties is reached before the case goes to trial »Can either accept or reject settlement »If you reject – case goes to court –Attorney cannot accept a settlement w/o permission from client; person suing must approve any agreement before it becomes final –Many civil cases are settled this way –Saves time and money

Negotiation/Mediation Negotiation/Mediation –Less formal –Involved: parties and maybe one other person (Mediator) –Suggests solutions –Not legally binding –Focus on future relationship of parties –Mediation – paperwork is filed with court –Negotiation – handled and enforced by parties involved but could go to court for breaking contract, etc. Arbitration/Settlement –More formal –Many people involved »Arbitrator, judge, attys, witnesses –Imposes a solution –Settlement – paperwork is filed with court –Arbitration – handled and enforced outside of court