Law Studies Unit 1 Chapter 4: Settling Disputes

METHODS FOR SOLVING DISPUTES

The following are methods for solving disputes:

​

• NEGOTIATION

​

• ARBITRATION

​

• INFORMAL TALK

​

• MEDIATION

​

• COURT ACTION

​Negotiation

• This is the process by which people involved in a dispute discuss their problem and try to reach a solution that is acceptable to all.

• Often times people hire attorneys to negotiate for them, for example this occurs after auto accidents involving insurance claims.

• Typically the goal is to work 

   out a settlement before it 

   goes to court.

• This saves both time 

   and money.

​Integrative Negotiation

• Put yourself in their shoes Discuss each other's perceptions – A more direct approach to understanding the other party is to explicitly discuss each other's perceptions. 

• Find opportunities to act inconsistently with his or her views – It is possible that the other party has prior perceptions and expectations about the other side. 

• Face-saving – This approach refers to justifying a stance based on one's previously expressed principles and values in a negotiation

• Active listening – Listening is more than just hearing what the other side is saying. Active listening involves paying close attention to what is being said verbally and nonverbally.

Speak for a purpose – Too much information can be as harmful as too little. Before stating an important point, determine exactly what you wish you communicate to the other party. Determine the exact purpose that this shared information will serve.

Informal Talk / Informal Discussion

• This is less legal binding that other forms of settling a dispute.

• The only people involved in informal talk are the disputants.

​Arbitration

• In arbitration, both parties to a dispute agree to have one or more persons listen to their arguments and make a decision for them.​

• The arbitrator acts as a judge.

• Arbitration is common in labor/management disputes.

Subject | Subject

Some text here about the topic of discussion

​Advantages of Arbitration

• In contrast to litigation, where one cannot "choose the judge", arbitration allows the parties to choose their own tribunal. This is especially useful when the subject matter of the dispute is highly Arbitration is often faster than litigation in court.

• Arbitral proceedings and an arbitral award are generally non-public, and can be made confidential..

• In arbitral proceedings the language of arbitration may be chosen, whereas in judicial proceedings the official language of the country of the competent court will be automatically applied.

• In most legal systems there are very limited avenues for appeal of an arbitral award, which is sometimes an advantage because it limits the duration of the dispute and any associated liability.

​Disadvantage of Arbitration

• Arbitration agreements are sometimes contained in ancillary agreements, or in small print in other agreements, and consumers and employees often do not know in advance that they have agreed to mandatory binding pre-dispute arbitration by purchasing a product or taking a job. 

• If the arbitration is mandatory and binding, the parties waive their rights to access the courts and to have a judge or jury decide the case. 

• If the arbitrator or the arbitration forum depends on the corporation for repeat business, there may be an inherent incentive to rule against the consumer or employee 

• There are very limited avenues for appeal, which means that an erroneous decision cannot be easily overturned.

1. Introduction

2. Telling the Story

3. Identifying positions and interests.

4. Identifying alternative solutions

5. Revising and discussing solution

6. s

7. Reaching and agreement.

​Steps in Mediation

• Mediation takes place when a third person helps the disputing parties talk about their problem and settle their differences.

• Unlike arbitrators the mediator does not impose a decision.

• The mediator is to serve as a neutral third party.

​Benefits of Mediation

• Cost - While a mediator may charge a fee comparable to that of an attorney, the mediation process generally takes much less time than moving a case through standard legal channels. 

• Compliance - Because the result is attained by the parties working together and is mutually agreeable, compliance with the mediated agreement is usually high. 

• Control - Mediation increases the control the parties have over the resolution. In a court case, the parties obtain a resolution, but control resides with the judge or jury. 

• Mutuality - Parties to a mediation are typically ready to work mutually toward a resolution

Support  Mediators are trained in working with difficult situations.

Steps in a Typical Mediation Session

1. ​Introduction- The mediator helps everyone feel at ease and proceeds to explain ground rules.

2. Telling the story- Each person is given the opportunity to explain what happened. No interruptions are accepted.

3. Identify positions and interests- The mediator then sums up both sides of story to assure both parties he or she understands their stance.

4. Identifying alternative solutions- The mediator makes a list of possible solutions to the problem and explains his or her feelings about each solution.

5. Revisiting and discussing solutions- based on feelings of both parties, the mediator will change some of the possible solutions and identify a better one.

6. Reaching a agreement​- The mediator helps the disputants reach an agreement that both parties can accept.

​

• Arbitration

• Court Action ​

​More Formal/ Enforceable by court

• Informal Talk

• Negotiation

  ​Mediation

​Less Formal/ No legal Binding

Some text here about the topic of discussion

Settling Disputes Practice

Directions:

Examine the following situations and decide what you believe to be the best method for solving each problem. Consider informal discussion, negotiation, arbitration, mediation.​ Explain your answers.