Conflict Resolution

Question 1

Arbitration

Answer 1

PRIVATE PROCESS where disputing parties agree that ONE or SEVERAL individuals can decide the dispute after receiving evidence and hearing the arguments

NEURAL arbitrator has the AUTHORITY to make the decision

Process is SIMILAR to a trial - opening argument and evidence presented

arbitrator will issues an AWARD after hearing the evidence

Question 2

Two awards

Answer 2

Bare bones- announce the final decision

Reasoned Award- GIVE reasons for the decisions

The process may be BINDING or NON-BINDING

BINDING- decision is FINAL, can be enforced by COURT, LIMITED GROUNDS to appeal

NONBINDING- the award is ADVISORY and is FINAL only if ACCEPTED by the parties

Question 3

TYPES OF ADR

Answer 3

Arbitration
Mediation
Negotiation

Question 4

Alternate Dispute Resolution - ADR

Answer 4

process used to RESOLVE A CLAIM/ISSUE

ALTERNATIVE from having a judge or jury decide the dispute in a trial

used for disputes in families, neighborhoods, employment businesses, housing, consumers, and personal injury

Question 5

Advantages of ADR-

Answer 5

-CHEAPER and FASTER than a legal decision

-parties involved can have GREATER participation in reaching a solution

-parties can have MORE CONTROL over the OUTCOME of a dispute

• LESS FORMAL PROCESS

-MORE FLEXIBLE RULES

Question 6

Mediation

Answer 6

PRIVATE process

Neutral 3rd party (mediator)- helps the parties discuss and try to resolve the disputes

Parties can describe issues, discuss their interest, provide information to each other and explore resolution ideas

VOLUNTARY PROCESS - parties are NOT required to come to an agreement

Question 7

Mediator

Answer 7

has NO POWER to decide for the parties - they HELP FIND SOLUTIONS that is MUTUALLY ACCEPTABLE

they will bring the parties together, describe the process, explain their role, establish ground rules and agenda

Parties make OPENING STATEMENTS - other meetings can be joint or separate

if parties reach an agreement the mediator can reduce the agreement to a written contract - ENFORCEABLE IN COURT

Question 8

Negoiation

Answer 8

VOLUNTARY

INFORMAL PROCESS

parties will identify the concerns and explore the options for resolution of issued and search for a MUTUALLY ACCEPTABLE AGREEMENT to resolve issues

ATTORNEYS - may represent BOTH PARTIES

Their is not NEUTRAL 3RD PARTY

Question 9

LEGAL RIGHTS

Answer 9

You do not give up your rights to go to trail for using ADR, EXCEPT WITH “BINDING ARBITRATION”

BINDING ARBITRATION - is FINAL and stops you from going to court UNLESS there is a PROCEDURAL PROBLEM with arbitration