1. Today’s Learning Goal:
I can describe the various methods of dispute resolution including the role of our court system.
Agenda Time/Mins
1. Warm-Up/ Odds & Ends
2. Introduction to Conflict
and Settling Disputes
3. Handout/ Read/Discuss: Resolving conflicts
& Disputes: What Are Your Options?
4. Methods for Resolving Disputes
Honors (Packet)
CP (Graphic Organizer)
5. Application: Case Studies
6. Exit Activity
HOMEWORK: The Case of the Barking Dog

2. Warm Up Litigation Arbitration Negotiation Mediation
the process of taking legal action
a third party assists the disputants to agree to a settlement
A formal or informal discussion aimed at reaching an agreement
a third party acts as a judge and has ultimate authority to settle a dispute
Litigation
Arbitration
Negotiation
Mediation

3. Warm Up What do the following legal terms have in common? Arbitration
Mediation
Litigation
Negotiation
All four are ways people settle disputes without resorting to illegal or criminal ways

4. Settling Disputes Goals for Learning:
I can describe and distinguish among three methods for settling disputes out of court
I can explain the advantages and disadvantages of taking a dispute to court

5. Conflict Affects Everyone
Top Common Conflict Situations for Teenagers
Conflict situations arise among teenagers on a daily basis.
Many times, minor conflict and disagreements can result in violence (National Youth Prevention Resource Center)
Gossip
Fighting
Parent-child
Cyberbullying

6. Conflict: a fact of life
Emerges more when people are stressed
Can arise in relationships and situations at home, at work, or in school
Handling conflict in ways that lead to increased stress can have serious consequences

7. Dealing with Conflict
Learning to deal with conflict in a positive and constructive way, is an important way to improve your well-being as well as your relationships.

8. Settling Disputes Key Points
Dealing with conflict early is usually easier
Others are less likely to have started to take sides
Early on, negative emotions may not be so extreme

9. Settling Disputes
The best way to address a conflict in its early stages is through negotiation between the participants

10. Settling Disputes
Later on, those in conflict are likely to need the support of mediation, or even arbitration, or a court judgment (decision), so it’s much better to resolve things as early as possible

11. Conflict Is a natural part of everyday life
So It is very important to consider how to handle it

12. Conflicts/Disputes Sometimes are hard to work out
Emotions can complicate the process!!
There might be an easy answer … or there might not be
You might need someone else to help solve the problem

13. Is this a good way to solve a conflict?

14. Can sometimes cause problems
Conflict
Can sometimes cause problems

15. BUT it can also be productive if handled in a responsible way
Conflict
BUT it can also be productive if handled in a responsible way

16. Conflict is not always a bad thing
Well-managed conflict can also be constructive, helping to ‘clear the air’, releasing emotion and stress, and resolving tension
Use it as an opportunity to increase understanding and find a way forward together out of the conflict situation

17. Settling Disputes
It only takes a few seconds for a conflict to escalate from angry words to physical contact

18. Settling Disputes
Or sometimes … to the threat of litigation (court action)

19. Goal of our Legal System
To settle as many disputes as possible OUTSIDE the courts

20. Steps to Take Do not to let a problem grow
Manage conflict responsibly and legally!
Try to manage your dispute at the lowest level without escalating it

21. There are Several Ways to Resolve Disputes Without Violence
Negotiation (Informal or formal)
Mediation
Arbitration
Litigation (Court Action)

22. Methods of Dispute Resolution

23. Negotiation
the act of discussing an issue between two or more parties with competing interests
aim is to come to an agreement or a settlement

24. Negotiation Sometimes people hire lawyers to negotiate for them
Sometimes attorneys file a case in court
They attempt to work out a settlement (or agreement) before the case goes to court

25. Negotiation = Win/ Win

27. Mediation
a third person (party) helps the disputing parties talk about their problem and settle their differences
The mediator acts as a NEUTRAL, third party by listening to both sides and HELPS the parties find ways to resolve the dispute

28. Do you think you could benefit from Dr. Phil's mediation?

29. What if these methods are unsuccessful?

30. Arbitration

31. Arbitration

32. Arbitration Is more formal
In arbitration both parties agree to have one or more persons listen to their arguments and make a decision for them
The arbiter (like a judge) makes the final decision and the parties must follow it

33. Litigation

34. Litigation

35. Litigation (Court Action)
What is the role of courts?
To Settle disputes (civil or criminal)
To Protect citizen’s rights

36. Litigation * By Going to Court, You may Lose Even if You Win!
* Of course, in some situations, you have no other choice – because you have tried everything else!

37. Disadvantages in Going to Court
Very time-consuming
Very expensive
Can make some problems worse!!
(divorce, child custody dispute)
Often results in continuing tension between the parties

38. BELL RINGER Two parties are involved in a dispute
They use negotiation or mediation to resolve the dispute
Where do the ideas for resolving the dispute come from?

39. Bell Ringer Answer
The key to the success of mediation and negotiation is that … the ideas for resolving the problem come from the people who have the conflict