Today’s Learning Goal: I can describe the various methods of dispute resolution including the role of our court system. Agenda Time/Mins 1. Warm-Up/ Odds & Ends 5 2. Introduction to Conflict and Settling Disputes 10 3. Handout/ Read/Discuss: Resolving conflicts & Disputes: What Are Your Options? 5 4. Methods for Resolving Disputes Honors (Packet) 20 CP (Graphic Organizer) 5. Application: Case Studies 10 6. Exit Activity 5 HOMEWORK: The Case of the Barking Dog

Warm Up Litigation Arbitration Negotiation Mediation the process of taking legal action a third party assists the disputants to agree to a settlement A formal or informal discussion aimed at reaching an agreement a third party acts as a judge and has ultimate authority to settle a dispute Litigation Arbitration Negotiation Mediation

Warm Up What do the following legal terms have in common? Arbitration Mediation Litigation Negotiation All four are ways people settle disputes without resorting to illegal or criminal ways

Settling Disputes Goals for Learning: I can describe and distinguish among three methods for settling disputes out of court I can explain the advantages and disadvantages of taking a dispute to court

Conflict Affects Everyone Top Common Conflict Situations for Teenagers Conflict situations arise among teenagers on a daily basis. Many times, minor conflict and disagreements can result in violence (National Youth Prevention Resource Center) Gossip Fighting Parent-child Cyberbullying

Conflict: a fact of life Emerges more when people are stressed Can arise in relationships and situations at home, at work, or in school Handling conflict in ways that lead to increased stress can have serious consequences

Dealing with Conflict Learning to deal with conflict in a positive and constructive way, is an important way to improve your well-being as well as your relationships.

Settling Disputes Key Points Dealing with conflict early is usually easier Others are less likely to have started to take sides Early on, negative emotions may not be so extreme

Settling Disputes The best way to address a conflict in its early stages is through negotiation between the participants

Settling Disputes Later on, those in conflict are likely to need the support of mediation, or even arbitration, or a court judgment (decision), so it’s much better to resolve things as early as possible

Conflict Is a natural part of everyday life So It is very important to consider how to handle it

Conflicts/Disputes Sometimes are hard to work out Emotions can complicate the process!! There might be an easy answer … or there might not be You might need someone else to help solve the problem

Is this a good way to solve a conflict?

Can sometimes cause problems Conflict Can sometimes cause problems

BUT it can also be productive if handled in a responsible way Conflict BUT it can also be productive if handled in a responsible way

Conflict is not always a bad thing Well-managed conflict can also be constructive, helping to ‘clear the air’, releasing emotion and stress, and resolving tension Use it as an opportunity to increase understanding and find a way forward together out of the conflict situation

Settling Disputes It only takes a few seconds for a conflict to escalate from angry words to physical contact

Settling Disputes Or sometimes … to the threat of litigation (court action)

Goal of our Legal System To settle as many disputes as possible OUTSIDE the courts

Steps to Take Do not to let a problem grow Manage conflict responsibly and legally! Try to manage your dispute at the lowest level without escalating it

There are Several Ways to Resolve Disputes Without Violence Negotiation (Informal or formal) Mediation Arbitration Litigation (Court Action)

Methods of Dispute Resolution

Negotiation the act of discussing an issue between two or more parties with competing interests aim is to come to an agreement or a settlement

Negotiation Sometimes people hire lawyers to negotiate for them Sometimes attorneys file a case in court They attempt to work out a settlement (or agreement) before the case goes to court

Negotiation = Win/ Win

Mediation a third person (party) helps the disputing parties talk about their problem and settle their differences The mediator acts as a NEUTRAL, third party by listening to both sides and HELPS the parties find ways to resolve the dispute

Do you think you could benefit from Dr. Phil's mediation?

What if these methods are unsuccessful?

Arbitration

Arbitration

Arbitration Is more formal In arbitration both parties agree to have one or more persons listen to their arguments and make a decision for them The arbiter (like a judge) makes the final decision and the parties must follow it

Litigation

Litigation

Litigation (Court Action) What is the role of courts? To Settle disputes (civil or criminal) To Protect citizen’s rights

Litigation * By Going to Court, You may Lose Even if You Win! * Of course, in some situations, you have no other choice – because you have tried everything else!

Disadvantages in Going to Court Very time-consuming Very expensive Can make some problems worse!! (divorce, child custody dispute) Often results in continuing tension between the parties

BELL RINGER Two parties are involved in a dispute They use negotiation or mediation to resolve the dispute Where do the ideas for resolving the dispute come from?

Bell Ringer Answer The key to the success of mediation and negotiation is that … the ideas for resolving the problem come from the people who have the conflict