Settling Disputes

Question 1

why might someone not want to settle a dispute in court

Answer 1

time and money
the cost of hiring a lawyer
emotional toll/trauma, especially if family is involved

Question 2

define negotiation

Answer 2

most informal way to settle a dispute
you can get a lawyer to negotiate for you outside of court
resolves an issue in a way both parties find acceptable
each party tries to persuade the other to agree with his or her point
negotiators must be good listeners, communicators, and quick thinkers

Question 3

define arbitration

Answer 3

must hire an arbitrator (a judge outside of court)
less formal than a trial
arbitrator renders a decision (you must abide to the decision made by the arbitrator)
typically held when there are conflict disputes or union v administration disputes

Question 4

define mediation

Answer 4

mediator - third party that assists in an informal matter that helps both parties
formal negotiation

Question 5

steps to a mediation session

Answer 5

1 - introduction: helps to settle a dispute and explains the rules for behavior before the session
2 - telling the story: each person explains what happens, the person who brought up the issue typically goes first, no interruptions are allowed
3 - identify positions and interests: the mediator ensures each disputant is clearly understood and listens carefully, summarizes each side, asks questions, encourages disputants to do the same in order to understand each other’s perspectives
4 - identify alternative solution: disputants think of a possible solution for the problem, the mediator then asks each disputant their opinion on the possible solution
5 - revising and discussing the solutions: the mediator might help disputants identify a better solution in which both disputants agree
6 - reaching an agreement: helps disputants reach an agreement they can both accept, the agreement is written down, disputants discuss what will happen if they find out the agreement is not working for them.