1. Settling Disputes out of Court Conflict is a part of everyday life. Courts can help resolve conflicts, but there are other methods to help solve everyday disputes. Only a small number of disputes ever make it to court

2. Disadvantages of going to court Time-consuming Expensive Can make some problems worse Example: custody cases

3. Alternative forms of settling disputes 1.Negotiation all parties involved talk to each other in order to reach a solution Informal May or may not involve the help of a lawyer

4. Settlement occurs when all parties have reached an agreement Large number of civil cases are settled through negotiation, therefore, not having to go to court

5. Phases of Negotiation 1.Preparation -come to the discussion with sincere interest in settling problem -identify issue as clearly as possible -separate positions from interests -consider the other side’s position -each party sort out their feelings -each party should identify two possible solutions to be presented

6. 2.Negotiation -parties work together to: * identify the real issue by listening, understanding, and asking questions *to create a list of solutions *identify the most workable solutions -in the conclusion, the main points of the argument should be repeated -write down the agreement and the consequences

7. 3.Post Negotiation Decide what to tell others about how the problem was handled Decide if the solution is not working whether or not negotiation will occur again

8. Arbitration All parties agree to present their arguments before a third party who will decide the outcome Arbitrator is like a judge, but the process is less formal than a trial The decision of the arbitrator is binding on all parties Common in contract and labor management disputes and in international law cases

9. 3. Mediation A neutral third person helps the disputing parties talk out their problems to settle their differences No decision is imposed by the mediator The agreement is a result of the parties willingness to listen and come up with a reasonable settlement The third person tries to help both parties understand the other’s position and find ways to resolve the dispute

10. Voluntary process where feelings can be aired without placing blame, and concentrates on a future relationship between the parties Used to solve a variety of disputes: husbands and wives, landlords and tenants, consumers and businesses Some government agencies and universities have ombudspersons, who investigate complaints and help parties mediate

11. Steps in the Mediation Process 1. Explanation of the rules by the mediator 2.Each party tells their story The person bringing the complaint starts first No interruptions are allowed 3. Facts and Issues are identified by the mediator

12. 4.Everyone tries to come up with possible solutions Mediator makes a list and each party discussed their feelings on each solution 5.Based on the revelations, the mediator revises possible solutions to identify one that both parties can agree on 6.Mediator helps the parties reach a written agreement that they can both live with. Parties discuss what will happen if either breaks the agreement