INTRODUCTION TO DISPUTE RESOLUTION

 In recent years, there has been increased interest in ways of resolving disputes. Why do you think that is?

WHY DO DISPUTES ARISE?  Claim is denied  Damages are denied

 Conflict vs. Dispute  Management vs. Resolution

Conflict Conflict may be defined as a: "sharp disagreement or opposition" and includes "the perceived divergence of interest, or a belief that the parties' current aspirations cannot be achieved simultaneously"

Levels of Conflict  Intrapersonal or intrapsychic conflict Conflict that occurs within an individual  We want an ice cream cone badly, but we know that ice cream is very fattening  Interpersonal conflict Conflict is between individuals  Conflict between bosses and subordinates, spouses, siblings, roommates, etc.

Levels of Conflict  Intragroup Conflict Conflict is within a group  Among team and committee members, within families, classes etc.  Intergroup Conflict Conflict can occur between organizations, warring nations, feuding families, or within splintered, fragmented communities These negotiations are the most complex

 Can there be a benefit to conflict?

Functions of Conflict 1. Makes organizational members more aware and able to cope with problems through discussion. 2. Promises organizational change and adaptation. 3. Strengthens relationships and heightens morale. 4. Promotes awareness of self and others. 5. Enhances personal development. 6. Encourages psychological development—it helps people become more accurate and realistic in their self-appraisals. 7. Can be stimulating and fun.

The Dual Concerns Model

Styles of Conflict Management 1Contending Actors pursue own outcomes strongly, show little concern for other party obtaining their desired outcomes 2Yielding Actors show little interest in whether they attain own outcomes, are quite interested in whether the other party attains their outcomes 3Inaction Actors show little interest in whether they attain own outcomes, little concern about whether the other party obtains their outcomes

Styles of Conflict Management 4Problem solving Actors show high concern in obtaining own outcomes, as well as high concern for the other party obtaining their outcomes 5Compromising Actors show moderate concern in obtaining own outcomes, as well as moderate concern for the other party obtaining their outcomes

FORMS OF DISPUTE RESOLUTION AVOIDANCENEGOTIATION MEDIATION ARBITRATION LITIGATION

Alternative Dispute Resolution Systems Expense Time, Cost, Emotions MostLeast Trial & Appeal Arbitration Mock Trial Minitrial Mediation NegotiatedSettlement

OTHER FORMS OF DISPUTE RESOLUTION  Conciliation  Appraisal  Facilitation  Minitrial  Baseball arbitration  Med-arb or arb-med  Early neutral evaluation

CHARACTERISTICS OF THE FORMS OF DISPUTE RESOLUTION NegotiationMediationArbitrationLitigation Forward or backward looking? Voluntary? Who controls the process? Who decides the outcome? Is the outcome binding? Who enforces the outcome? Effect of the law: Are the parties bound by the law; does the outcome establish precedent? Relative cost Time involved

DISPUTE RESOLUTION ORGANIZATIONS  American Arbitration Association (AAA) American Arbitration Association  Federal Mediation and Conciliation Services (FMCS) Federal Mediation and Conciliation Services  Association for Conflict Resolution (ACR) Association for Conflict Resolution Georgia Chapter  Dispute Resolution Section of American Bar Association Dispute Resolution Section of American Bar Association  BBB Dispute Resolution BBB Dispute Resolution

OVERVIEW OF THE LITIGATION PROCESS  Enter the legal system File complaint with Clerk of Courts Serve the other side Defendant files an answer and serves the plaintiff  Motions: Judgment on the pleadings  Discovery Interrogatories Depositions Request to Produce Medical exam  Pretrial motions/Conferences Stipulations Motion for a summary judgment  Trial Jury selection Opening Statements Plaintiff’s case Motion: Directed verdict or nonsuit Defendant’s case Motions: Directed verdict Jury instructions Jury deliberations Jury verdict  Post verdict motions Judgment n.o.v. New trial  Judgment  Appeal