1. Chapter 4 Settling Disputes

2. Settling Disputes How do we settle disputes in our society?
What if we had no procedure for peacefully handing conflict?

3. Settling Disputes NEGOTIATION
People involved in a dispute discuss their problems and try to reach an acceptable solution
Can be an informal process
Attorneys use negotiations to reach settlements even when a lawsuit has been filed

4. Settling Disputes NEGOTIATIONS
Negotiations often result in settlements
If you settle, you cannot also continue with a lawsuit
Client consent is required

5. Settling Disputes NEGOTIATIONS
Neither sides gets 100% of what they want – must give and take
WHY settle?
Save time, money, and uncertainty of a trial

6. Settling Disputes ARBITRATION
The parties to a dispute have one or more persons listen to their argument and make a decision for them

7. Settling Disputes ARBITRATION Arbitrator is like a judge
Proceedings can be LIKE a trial, but less formal
Many arbitrations are BINDING – the parties MUST abide by the decision

8. Settling Disputes ARBITRATION When is arbitration used?
Included in many contracts
Parties MUST go to arbitration instead of filing a lawsuit
Common in labor contracts

9. Settling Disputes MEDIATION
A third party helps disputing parties talk about their problem and settle their differences

10. Settling Disputes MEDIATION The mediator does NOT make the decision
The mediator helps the parties to come to a decision

11. Settling Disputes MEDIATION The mediator must be neutral!
Voluntary – may not result in a decision

12. Settling Disputes Which method?
A landlord refuses to make repairs to a rental unit because he believes that the tenant caused the damage. The tenant denies causing the damage.

13. Settling Disputes Which method?
A fast food restaurant and an employee disagree over the wages and conditions of employment.

14. Settling Disputes Which method?
The IRS sends you a letter (not a phone call – that’s a scam!) claiming that you owe $2,000 in taxes, and you disagree.

15. Settling Disputes Which method?
You are badly injured in a car accident and you hire a lawyer and file a lawsuit against the person that hit you, but you would like to avoid a long and costly trial.