1. Settling Disputes Chapter 4 Unit 1 Driving Questions: “How do we make the law mean something?” 1

2. Standards USG.1.7 Define rule of law in the United States Constitution and explain the relationship of these constitutional principles to the protection of the rights of individuals. USG.1.8 Evaluate the importance of a written constitution in establishing and maintaining the principles of rule of law and limited government. USG.2.8 Explain the history and provide historical and contemporary examples of fundamental principles and values of American law and order. USG.5.3 Discuss the individual’s obligation to obey the law. 2

3. 3

4. Key Vocabulary Negotiation Mediation Arbitration Settlement 4

5. To Settle or not the Settle, that is the question… Learning Targets: 1.I can define the terms negotiation, settlement, arbitration, and mediation as they apply to the law. 2.I can describe the challenges inherent in reaching a settlement. 5

6. Basic Definitions: Informal discussion – The process of trying to work out a problem on your own. Negotiation – The process of discussing an issue to reach a settlement or agreement. Mediation – The act or process of resolving a dispute between two or more parties. Arbitration – A way [process] of settling a dispute without going to trial. The parties who disagree select one or more impartial persons to settle the argument. If the arbitration is binding, then all parties must accept the decision. Settlement – A mutual agreement between two sides in a civil law suit, made either before the case goes to trial or before final judgment is entered, that settles the dispute. 6

7. Deciding what is needed to resolve the problem. Decide what kind of problem you have. Is there a contract? Decide how best to resolve the problem. If there is a contract what does it say (if anything) about this situation? Now consider the following fact patterns and decide how best to solve the problem: 7

8. Lets Practice: We will review the following fact patterns together to determine how best to resolve a dispute. Remember, your choices are the following: Informal Discussion, Negotiation, Arbitration, Mediation, Going to court, or Seeking help from a government agency 8

9. Choices: Informal Discussion, Negotiation, Arbitration, Mediation, Going to court, or Seeking help from a government agency. Two sisters share a room. However, they disagree over how the room should be decorated. A new plasma TV breaks after only 2 weeks and the sales person refuses to fix it. A landlord refuses to make needed repairs. You disagree with your employer about what your hours should be, how much you are being paid, and the type of work you are asked to do. You disagree with an IRS letter stating that you owe the government $10,000 in back taxes. You slip an fall in a business you are visiting to buy food and fracture your back. You slip an fall in a business you are visiting after hours to steal food and fracture your back. 9

10. What keeps people from reaching a settlement? So, the goal of Negotiation, Mediation, and Arbitration is to reach some kind of mutually acceptable Settlement. Review the FYI on page 43 in your text. Working with a partner please develop a list of potential problems with reaching a settlement in your notes. Problems: 10

11. Its all about time, money, and winning. Attorneys have a duty to act “zealously” on the part of their clients. This means trying to “win” the case for their client – IF winning is possible. However, winning may not be possible or (if winning means going to court) even in the “best interests” of their clients. What does “winning” mean in the legal context? Would you rather win in court or receive financial compensation? Or do you want both? 11

12. Consider this graph (What conclusions can you draw?) : 12

13. Consider the following negotiation: The facts are these: Two neighbors need to come to some agreement about a shared fence line. Specifically, how will they share the fence line and how will they compensate each other if something goes wrong. In short, how will they reach a settlement. Let’s watch… Thoughts? 13

14. Negotiation and Conflict Management The Two Dollar Game – A game developed at MIT to illustrate some basic tools of negotiation theory. Divide $2 between the two players. Note: Simply splitting the difference is not the only way to divide what is on the table, and it might not even be the best way in real life. There will be three rounds with 3 different partners. Use the GO to record your negotiations and settlements. Positive Bargaining Range: Occurs when there is some room for settlement. Negative Bargaining Range: Occurs when there is no room for settlement. Reservation or Resistance Point: the point at which a person will either stop bargaining, or move their RP to achieve a settlement. 14

15. Round 1 Divide $2 with your partner. Please follow the FIRST SET of secret instructions you were given & keep them secret. 15

16. Round 2 Switch partners. Divide $2 with your partner. Please follow the SECOND SET secret instructions you were given & keep them secret. 16

17. Round 3 Don’t Switch Divide $2 with your partner. Please follow the THIRD SET of secret instructions you were given & keep them secret. 17

18. Negotiation and Conflict Management Major strategies that people adopt in negotiations: Competition – working to achieve the best deal for yourself Collaboration – working to achieve the best deal for each other Avoidance – avoiding conflict (no getting anywhere) Compromise – Reaching some acceptable end result (give and take) Accommodation – giving in and Revenge – making the other guy suffer on purpose Was building a relationship necessary? (beneficial) Did anyone cheat? (Why?) Please write a 1 page reflection on the challenges posed in achieving a settlement. (25 points) 18

19. Review Review Notes on Chapter 4 Write IDs for Vocabulary 1.Define the terms negotiation, settlement, arbitration, and mediation as they apply to the law. 2.Describe the challenges inherent in reaching a settlement. Homework: Read and Take Notes on Chapter 5 Work on assigned Case (Gavin v. State) for IRAC Brief (Due September 1st)  MLA Format 19