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Chapter 4

SETTLING DISPUTES

+CONFLICT

■ An everyday part of life.■ It is inevitable (unavoidable).■ Important to have methods for resolving conflict.■ Conflicts can be productive & great chance to learn.■ Not all conflicts should/need to end up in court.■ Going to court can make matters worse (think divorce)

+METHODS

■ MOST COMMON OUT-OF-COURT METHODS:1. Negotiation2. Arbitration3. Mediation

+NEGOTIATION

■ Disputing parties talk to each other informally.■ Try to reach an agreement that is approved by all

parties.■ Ideal for many types of disagreements.■ EXAMPLES

■ Parents■ Teacher■ Coach

……continued……

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■ Attorney can be hired to negotiate for you – but YOU must agree to settlement in the end.■ EXAMPLES:

auto accidentsfirecontract negotiations

+PHASE 1 OF NEGOTIATION

PREPARE TO NEGOTIATE

1. Come with real interest in settling problem

2. Try to identify issue causing conflict

3. What is the issue really causing problem?

4. Try to see other person’s point of view

5. Sort out your feelings to understand what you want

6. Find 2 workable solutions that might solve dispute

+PHASE 2 OF NEGOTIATION

1. Work together to find real issue

2. Listen carefully to other side. Set anger aside.

3. Think together about possible solutions.

4. Identify the best 2-3 workable solutions. Be realistic.

5. Restate the agreement to be sure all parties understand. Decide consequences if either fail to comply.

+PHASE 3 OF NEGOTIATION

After negotiating….each party should:

1. Decide what to tell others about how problem was solved.

2. Discuss problem again if final agreement doesn’t seem to work.

+SETTLEMENT

■ An agreement on a case or dispute.■ Often lawyers will file a case in court, and then work to

settle the case before it goes to a judge & jury. ■ Many civil cases that go to court are settled this way –

saving much time and money for everyone.

+ARBITRATION

■ A dispute that can’t be settled by talking it out.■ Both disputing parties agree to have a THIRD party

listen to all the facts, arguments, and make a decision for them.

■ The THIRD party is called an “arbitrator” and is similar to a judge.

■ The process is less formal than court/trial.■ Arbitrators have FINAL DECISION and both parties

MUST follow decision.■ Commonly used for labor unions & employers.

+MEDIATION

■ A THIRD party/person helps the disputing parties talk about their problem and help them resolve it.

■ The THIRD person is called a “mediator.”■ Mediators do not make a final decision.■ Mediators are a neutral party (doesn’t take sides).■ Helps both sides try to understand each other’s

position and find way to solve dispute.■ VOLUNTARY

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■ Used to solve a variety of problems.

EXAMPLES OF MEDIATORS

Schools train students

Community citizens train (spouses, neighbors)

Better Business Bureau (shoppers & owners)

Government Agencies – have own “ombudspersons”

+STEPS IN MEDIATION

1. Introduction

2. Tell the Story

3. Identify Positions & Interests

4. Identify Alternative Solutions

5. Revising and Discussing Solutions

6. Reaching an Agreement

+KEY TO SOLVING DISPUTE

To solve a dispute by negotiation & mediation….■ BEST to have solution come from the people who have

the conflict.■ Result in an agreement that is focused on the future of

the relationship between the parties…..furthering it, not severing it.