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Published byHilary Ramsey Modified over 8 years ago
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Eliseo Lugo III
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Distinguish among the three most common methods for settling disputes outside of the courtroom. Define the terms: settlement, arbitration, mediation, and ombudsperson. Analyze disputes in order to determine which method the parties should use to resolve a conflict. Identify different steps to take to resolve a dispute through negotiation and through mediation.
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Conflict is a natural part of everyday life Can be productive when managed responsibly!!
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Disadvantages of going to Court to Settle Conflicts: Time Consuming Expensive Anger and Bitterness
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The least invasive way to resolve conflict is an informal talk Involves two people talking out the problem with no help from others Ex: Disagreement with parents, friends, teacher
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Negotiation is when people try to resolve the conflict by reaching a solution that is acceptable to all Is important because the skills involved in handling conflict responsibly are used everyday by people in all aspects of life People hire attorneys in situations like auto accidents
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Preparation 1. All parties should have a sincere interest in settling dispute 2. Identify issue causing the conflict 3. Consider issue from the other side 4. Identify two workable solutions to resolve problem Negotiation 1. Work together to identify issue causing conflict 2. After identifying issues, parties should work together to create a list of possible solutions (Identify 2-3 most workable) 3. Repeat all points of the final agreement to be sure of understanding 1. Write down agreement and decide on consequences if broken Post-negotiation 1. Make final decisions
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Arbitration is when both parties agree to have a 3 rd party listen to their arguments and make a decision for them Decisions made by an arbitrator are legally binding Common places to have an arbitration hearing: Contract and Labor Management Disputes International law cases
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Mediation is when a 3 rd party helps the disputing parties talk about their problems and settle their differences Mediators do not make decisions for the parties, they only help the settlement between them
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Lastly you could take court action This is the last action one would take. Why do you think so?
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Conflict is a natural part of life When conflicts are handled properly, it can provide a great opportunity to learn Going to court is not always the best resolution to a conflict Informal talk, Negotiation, Mediation, Arbitration, and Court Action are the five main methods utilized to settle disputes.
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