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