Law and Justice:Law and Justice:Chapter 4Chapter 4

Settling DisputesSettling Disputes

Conflict Conflict

ConflictConflict is a natural is a natural part of everyday life.part of everyday life.

ConflictConflict can be can be productive when productive when managed managed responsibly! responsibly!

Conflict Conflict

Disadvantages of going to court to settle Disadvantages of going to court to settle conflicts: conflicts: Time consuming Time consuming Expensive Expensive General Health Concern: Anger and Bitterness General Health Concern: Anger and Bitterness

Informal Talk Informal Talk The least formal way The least formal way

to resolve conflict is to resolve conflict is through through informal informal talktalk. .

Involves two people Involves two people talking out the talking out the problem with problem with no helpno help from othersfrom others

Examples: Examples: Disagreements with Disagreements with parents, teachers, parents, teachers, friends. . . friends. . .

Negotiation Negotiation

NegotiationNegotiation is when people try to resolve the is when people try to resolve the conflict by reaching a solution that is acceptable conflict by reaching a solution that is acceptable to all. to all.

NegotiationNegotiation is important because the skills is important because the skills involved in handling conflict responsibly are involved in handling conflict responsibly are used everyday by people in all aspects of life. used everyday by people in all aspects of life.

3 Phases of Negotiation 3 Phases of Negotiation PreparationPreparation

1. All parties should have a sincere interest in settling the 1. All parties should have a sincere interest in settling the dispute. dispute.

2. Identify the issue causing the conflict. 2. Identify the issue causing the conflict. 3. Consider the issue from the other side (the other party). 3. Consider the issue from the other side (the other party). 4. Identify two workable solutions to resolve problem. 4. Identify two workable solutions to resolve problem.

Negotiation Negotiation 1. Work together to identify the issue causing the conflict. 1. Work together to identify the issue causing the conflict. 2. After identifying issues, parties should work together to 2. After identifying issues, parties should work together to

create a list of possible solutions. create a list of possible solutions. 3. Repeat all points of the final agreement to be sure of 3. Repeat all points of the final agreement to be sure of

understanding. understanding. Write down final agreement and decide the consequences if Write down final agreement and decide the consequences if

broken. broken.

Post-negotiation Post-negotiation 1. Make final decisions. 1. Make final decisions.

Mediation Mediation

MediationMediation is when a 3 is when a 3rdrd party helps the party helps the disputing parties talk about their problems disputing parties talk about their problems and settle their differences. and settle their differences.

Mediators do not make decisions for the Mediators do not make decisions for the parties; they only help the parties parties; they only help the parties

try to settle the dispute. try to settle the dispute.

Arbitration Arbitration ArbitrationArbitration is when both parties agree to is when both parties agree to

have a 3have a 3rdrd party listen to their arguments and party listen to their arguments and make a decision for themmake a decision for them. .

Decisions made by an arbitrator are Decisions made by an arbitrator are legally legally bindingbinding. .

Arbitrators have authority similar to judges. Arbitrators have authority similar to judges.

Arbitration hearings are common in:Arbitration hearings are common in: Labor Disputes & International Law Cases Labor Disputes & International Law Cases

Court Action Court Action Lastly, you could take court action and initiate a Lastly, you could take court action and initiate a

lawsuit. lawsuit. This is the last action one would take. Why do you This is the last action one would take. Why do you

think so? think so?