Settling DisputesSettling Disputes
Chapter 4Chapter 4
ConflictConflictNatural part of everyday life - Natural part of everyday life -
inevitableinevitable–Some type of unfriendly encounterSome type of unfriendly encounter
–We think of it as a problemWe think of it as a problem»Can it be productive?Can it be productive?
»How?How?Often one learn from their mistakes or Often one learn from their mistakes or
encountersencounters
Managing DisputesManaging Disputes Since it is inevitable, need to know Since it is inevitable, need to know
how to manage or handle ithow to manage or handle it– Handle in court?Handle in court?
»PossiblePossible»Court can take a long time and be expensiveCourt can take a long time and be expensive
– Very few disputes actually get to this Very few disputes actually get to this stagestage
– Often settled outside of courtOften settled outside of court
Methods for Solving DisputesMethods for Solving Disputes NegotiationNegotiation
– Most common; informal; usually Most common; informal; usually handled out of courthandled out of court
– Ideal for many types of problemsIdeal for many types of problems
– People talk to each other and try to People talk to each other and try to reach a solution acceptable to allreach a solution acceptable to all»Happens with friends, parents, teachers, Happens with friends, parents, teachers,
employersemployers
Negotiation continuedNegotiation continued
–Attys/organizations can be hired to Attys/organizations can be hired to help negotiatehelp negotiate»Negotiation doesn’t always just involve Negotiation doesn’t always just involve
the parties trying to resolve this issuethe parties trying to resolve this issue
»It is helpful at times to have someone It is helpful at times to have someone negotiate for younegotiate for you
Phases of NegotiationPhases of Negotiation Phase I - Preparing to NegotiatePhase I - Preparing to Negotiate Phase II – NegotiationPhase II – Negotiation Phase III - After the NegotiationPhase III - After the Negotiation
ArbitrationArbitration Arbitration Arbitration
– Parties in a dispute AGREE to have one or Parties in a dispute AGREE to have one or more persons listen to their arguments AND more persons listen to their arguments AND make decision for themmake decision for them
– Arbitrator - a person being asked to make the Arbitrator - a person being asked to make the decision; like a judge; less formal than a trialdecision; like a judge; less formal than a trial
– Parties must follow the decision unless it is Parties must follow the decision unless it is agreed to before hand to be a “non-binding” agreed to before hand to be a “non-binding” hearinghearing
Arbitration continueArbitration continue
– Used primarily in contract, labor-Used primarily in contract, labor-management and some international management and some international law caseslaw cases
– Unions contracts include arbitration Unions contracts include arbitration clauses; means the union and E’er clauses; means the union and E’er agree in advance to submit to agree in advance to submit to arbitration and be bound by decisionarbitration and be bound by decision
MediationMediation Mediation –Mediation –
– VoluntaryVoluntary
– 3rd person (neutral) helps disputing parties 3rd person (neutral) helps disputing parties talk about their problem and settle their talk about their problem and settle their differencedifference
– Mediator does not impose a decisionMediator does not impose a decision
– Mediator listens carefully to both sides and Mediator listens carefully to both sides and tries to understand each other’s positionstries to understand each other’s positions
– The disputants themselves must reach a The disputants themselves must reach a decisiondecision
Mediation continuedMediation continued
Ombudspersons Ombudspersons
–People who investigate People who investigate complaints and then help the complaints and then help the parties reach some agreementparties reach some agreement
–Gov. and colleges usually have Gov. and colleges usually have thesethese
Steps in a Mediation Steps in a Mediation pg 43pg 43
IntroductionIntroduction Tell the storyTell the story ID positions and interestsID positions and interests ID alternative solutionsID alternative solutions Revise and discuss solutionsRevise and discuss solutions Reach an agreementReach an agreement
SettlementSettlement Settlement – an agreement between the Settlement – an agreement between the
parties is reached before the case goes to trialparties is reached before the case goes to trial» Can either accept or reject settlementCan either accept or reject settlement» If you reject – case goes to courtIf you reject – case goes to court
– Attorney cannot accept a settlement w/o Attorney cannot accept a settlement w/o permission from client; person suing must permission from client; person suing must approve any agreement before it becomes finalapprove any agreement before it becomes final
– Many civil cases are settled this wayMany civil cases are settled this way
– Saves time and moneySaves time and money
Negotiation/MediationNegotiation/Mediation– Less formalLess formal– Involved: parties and Involved: parties and
maybe one other person maybe one other person (Mediator)(Mediator)
– Suggests solutionsSuggests solutions– Not legally bindingNot legally binding– Focus on future Focus on future
relationship of partiesrelationship of parties– Mediation – paperwork is Mediation – paperwork is
filed with courtfiled with court– Negotiation – handled and Negotiation – handled and
enforced by parties enforced by parties involved but could go to involved but could go to court for breaking contract, court for breaking contract, etc.etc.
Arbitration/SettlementArbitration/Settlement– More formalMore formal– Many people involvedMany people involved
» Arbitrator, judge, attys, Arbitrator, judge, attys, witnesseswitnesses
– Imposes a solutionImposes a solution– Settlement – paperwork Settlement – paperwork
is filed with courtis filed with court– Arbitration – handled Arbitration – handled
and enforced outside of and enforced outside of courtcourt
