Settling Disputes Chapter 4. Conflict Natural part of everyday life - inevitable Natural part of everyday life - inevitable –Some type of unfriendly encounter.

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<ul><li><p>Settling DisputesChapter 4</p></li><li><p>ConflictNatural part of everyday life - inevitableSome type of unfriendly encounterWe think of it as a problemCan it be productive?How?Often one learn from their mistakes or encounters</p></li><li><p>Managing DisputesSince it is inevitable, need to know how to manage or handle itHandle in court?PossibleCourt can take a long time and be expensiveVery few disputes actually get to this stageOften settled outside of court</p></li><li><p>Methods for Solving DisputesNegotiationMost common; informal; usually handled out of courtIdeal for many types of problemsPeople talk to each other and try to reach a solution acceptable to allHappens with friends, parents, teachers, employers</p></li><li><p>Negotiation continuedAttys/organizations can be hired to help negotiateNegotiation doesnt always just involve the parties trying to resolve this issueIt is helpful at times to have someone negotiate for you</p></li><li><p>Phases of NegotiationPhase I - Preparing to NegotiatePhase II NegotiationPhase III - After the Negotiation</p></li><li><p>Phases of NegotiationPhase I - Preparing to NegotiateSincere interestID issue that is causing conflict See the other persons perspectiveSort out own feelings about the problemID two workable solutions that you think might resolve the problem</p></li><li><p>Phase II NegotiationWork together to ID real issueListen carefully to the other persons perspectiveHear and understand what is being saidAsk QsTake a break to cool offThink of many solutions together; make a listID 2 or 3 of the most workable solutionsBe realistic about ideasRepeat the main points of the agreement to be sure that both parties understand itDecide what should happen if the agreement is broken</p></li><li><p>Phase III - After the NegotiationDecide what to tell others about how the problem was handledFocus on future relationship of partiesDiscuss the problem again if the agreement does not seem to be working</p><p>BUT DONT SETTLE IF YOU THINK THE SOLUTION IS UNFAIR</p></li><li><p>ArbitrationArbitration Parties in a dispute AGREE to have one or more persons listen to their arguments AND make decision for themArbitrator - a person being asked to make the decision; like a judge; less formal than a trialParties must follow the decision unless it is agreed to before hand to be a non-binding hearing</p></li><li><p>Arbitration continueUsed primarily in contract, labor-management and some international law casesUnions contracts include arbitration clauses; means the union and Eer agree in advance to submit to arbitration and be bound by decision</p></li><li><p>Arbitrationaffords consumers the same damages as taking the case to court faster and less expensive than taking it to court more accessible to consumerswidely used in the private and public sectorsEmployees fare better in arbitration</p></li><li><p>MediationMediation Voluntary3rd person (neutral) helps disputing parties talk about their problem and settle their differenceMediator does not impose a decisionMediator listens carefully to both sides and tries to understand each others positionsThe disputants themselves must reach a decision</p></li><li><p>Mediation continuedOmbudspersons People who investigate complaints and then help the parties reach some agreementGov. and colleges usually have these</p></li><li><p>Steps in a Mediation pg 43IntroductionTell the storyID positions and interestsID alternative solutionsRevise and discuss solutionsReach an agreement</p></li><li><p>SettlementSettlement an agreement between the parties is reached before the case goes to trialCan either accept or reject settlementIf you reject case goes to courtAttorney cannot accept a settlement w/o permission from client; person suing must approve any agreement before it becomes finalMany civil cases are settled this waySaves time and money</p></li><li><p>Negotiation/MediationLess formalInvolved: parties and maybe one other person (Mediator)Suggests solutionsNot legally bindingFocus on future relationship of partiesMediation paperwork is filed with courtNegotiation handled and enforced by parties involved but could go to court for breaking contract, etc.Arbitration/SettlementMore formalMany people involvedArbitrator, judge, attys, witnessesImposes a solutionSettlement paperwork is filed with courtArbitration handled and enforced outside of court</p></li><li><p>I -Sincere interestID issue that is causing conflict See the other persons perspectiveSort out own feelings about the problemID two workable solutions that you think might resolve the problem</p><p>II - Work together to ID real issueListen carefully to the other persons perspectiveHear and understand what is being saidAsk QsTake a break to cool offThink of many solutions together; make a listID 2 or 3 of the most workable solutionsBe realistic about ideasRepeat the main points of the agreement to be sure that both parties understand itDecide what should happen if the agreement is broken</p><p>III - Decide what to tell others about how the problem was handledFocus on future relationship of partiesDiscuss the problem again if the agreement does not seem to be working</p><p>BUT DONT SETTLE IF YOU THINK THE SOLUTION IS UNFAIR</p></li></ul>