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Published byAlfred Burke Modified over 9 years ago
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THIRD PARTIES
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Negotiation would appear to be the best way to settle a dispute Parties control process Flexible Places responsibility to resolve solely on the parties Parties are in best position to come up with a workable solution Most likely to create a long term relationship SO WHY BRING IN A THIRD PARTY?
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Why use a third party? Parties are unable to settle themselves (Are they really at impasse?) A 3 rd party is authorized or in a apposition to affect settlement –Parties may have previously agreed to use
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Common Types of 3 rd Parties Mediators Arbitrators Facilitators 3 rd Party neutral –Investigate –Give a nonbinding opinion
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Why do Third Party processes work? Some processes (especially mediation)… Are designed to be less adversarial Instead of deciding who is right and who is wrong, the processes emphasize a collaborative, consensus-building approach Conflict is framed as a mutual problem to be solved by the parties to the dispute With the assistance of the third party, the parties can define the conflict, generate options, establish criteria, and reach a mutually acceptable agreement
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Some researchers say that the 3 rd party may take one of 3 roles: Inquisitorial role (which is characteristic of judges in European courts)- control over both decision and process Adjudicative role (characteristic of judges in the U.S. court system and of arbitrators)-the third party has decision control, but the disputants have process control (decide what evidence in introduced) Mediational role- the disputants have both process and decision control
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The role a third-party plays has implications for the type of resolution achieved and for the disputants' perceptions of procedural and distributive justice. For example, disputants whose third party played a mediational role were more likely to reach a compromise solution, and they judged the procedure to be more just than disputants whose third party played one or more of the other roles.
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