PACS 3700/ COMM 3700 ADR – Alternative Dispute Resolution (Third Party Approaches to Conflict)

Reminders  You should have made contact with BOTH the people who are looking at your apartment (or who have apartments that you haven’t made contact by 5:00 pm tomorrow, let me know who has not responded.  I will give them one “nag” and then “fix you up” with someone else.

ADR: Alternative Dispute Resolution Main approaches: Mediation – neutral “third party” helps disputing parties come up with a mutually acceptable solution. Mediation is essentially negotiation….with help. PowerPoint Summary of: ADR

ADR: Alternative Dispute Resolution Main approaches: Arbitration – neutral “third party” listens to both side’s argument and then makes a binding decision about the solution. Arbitration is a private, less formal court, where the arbitrator is the judge. PowerPoint Summary of: ADR

Other forms of ADR: Coaching Professional counselling/therapy Facilitation (Mediation “light”) Collaborative Problem Solving (also called Consensus Building) (mediation “large”) PowerPoint Summary of: ADR

Other forms of ADR: Dialogue Restorative Justice (Victim-Offender mediation) Med-arb Private Judging Dispute System Design Interactive Problem Solving (Also called “Problem Solving Workshops”) PowerPoint Summary of: ADR

Focus on Mediation  What is it? Basically negotiation with an assistant. Assistant explains process Sets ground rules Facilitates and controls the communication Attempts to move parties through the 7 steps of principled negotiation (essentially)

Focus on Mediation  What is it? Goal is to come up with a mutually acceptable agreement. This agreement is usually developed by the parties themselves…with more or less help from the mediator.

Steps of Mediation Introduction Of people (if necessary) Of process Establish ground rules Opening statements Ask “complainant” to tell their story. Mediator active listens, Reframes to separate the people from the problem To focus on interests, not positions

Steps of Mediation Asks questions To try to find areas of agreement and to identify continuing areas of disagreement. Tries to get parties to brainstorm options for solution, particularly options for mutual gain. Helps parties evaluate options Consider fairness, and plausibility of options Drafts an agreement (once parties choose an option) Parties help refine the agreement. Once it is approved, both parties sign the agreement.

This is important!!! This agreement is usually drafted up in a written document, which becomes a contract, which is then enforceable in court, just as any other contract is. But mediation is NOT binding before that settlement agreement is signed. Therefore parties can back out and pursue their BATNA at any time—until they sign the agreement.

Let’s watch a couple quick examples  Ucre2d9wg Ucre2d9wg  n7GqkYO0 n7GqkYO0

Comparison with Arbitration  This differs from arbitration…which is binding as soon as you sign an “agreement to arbitrate.”  With arbitration– you present your case to one (or more) arbitrators and THEY MAKE the decision.  That decision is binding, and is actually usually harder to appeal than a court decision is!

Steps of Arbitration  Arbitrator usually meets with each side separately.  Asks them to tell “their story”  Asks lots of questions to determine who is right.  May ask for documentation of assertions.

Steps of Arbitration  After hearing both sides arbitrator makes a decision,  Issues it in writing, and submits it to the parties --who are BOUND to abide by it.  It is VERY DIFFICULT (almost impossible) to appeal (challenge, reverse) arbitration rulings.

Contexts in which mediation is used Compile a list. Suggested sources:  D2L – Content – weeks NYTimes Archive  Google: mediation in the news   Globalpost.com – search mediation

Contexts in which arbitration is used Compile a list. Suggested sources:  D2L – Content – weeks NYTimes Archive  Google: arbitration in the news  Globalpost.com – search arbitration

Contexts in which arbitration is used  Compile a list

Advantages and Disadvantages of Mediation

Advantages and Disadvantages of Arbitration