1. Settling Disputes Chapter 4

2. 10/21/2015 2 Key Question: What are the essential differences between negotiation, mediation, arbitration and court action?What are the essential differences between negotiation, mediation, arbitration and court action? Why are most legal disputes resolved before they go to court?Why are most legal disputes resolved before they go to court?

3. Why Avoid a Civil Action? Conflict is a part of life…Conflict is a part of life… Resolving informally may result in a more productive outcomeResolving informally may result in a more productive outcome Civil proceedings can be costlyCivil proceedings can be costly Civil cases could take years to resolveCivil cases could take years to resolve 10/21/2015 3

4. Negotiation Defined: without an impartial When the parties in a disagreement attempt to resolve the conflict without an impartial third party. (Note: Can retain at attorney to represent in a negotiation. Think pro athlete. )Think pro athlete. The Goal: A settlement agreeable to both parties. 10/21/2015 4

5. Productive Negotiations (In law, life and significant relati s nhips) PreparationPreparation Defining keep issuesDefining keep issues Defining wants v. needsDefining wants v. needs Understanding the other’s positionUnderstanding the other’s position Starting with agreeable issuesStarting with agreeable issues Checking ego and attitude at the doorChecking ego and attitude at the door 10/21/2015 5

6. Mediation Defined:Defined: When a third party helps the disputing parties settle their differences. The goal: The goal: A neutral third party remove the emotional elements of a dispute and which fosters a settlement in the dispute. 10/21/2015 6

7. Typical Mediation Process  Introductions and goal setting  Parties share their stories  Mediator clarifies positions  Mediator offers alternative solutions  Revision and Revision again  Parties reach agreement  One example..... One example..... One example.....  The ombusperson 10/21/2015 7

8. Arbitration Defined:Defined: o When the disputing parties are so far apart that they turn over the issue to a third party to decide it. o This is a more formal, quasi judical proceeding. Common Cases Common Cases o union disputes o class action tort cases 10/21/2015 8

9. Arbitration cont. Key DistinctionKey Distinction Binding Arbitration v. Non-Binding Arbitration 10/21/2015 9

10. Non-Binding Arbitration Defined:Defined: When the disputing parties are so far apart that they turn over the issue to a third party to decide it but it is only a recommendation. Why??? Why??? 10/21/2015 10

11. Binding Arbitration When is Binding Arbitration a Good Idea: A Scene from Erin Brockovich When is Binding Arbitration a Good Idea: A Scene from Erin Brockovich 10/21/2015 copyright 2006 www.brainybetty.com ALL RIGHTS RESERVED. 11