THIRD PARTIES

Negotiation would appear to be the best way to settle a dispute Parties control process Flexible Places responsibility to resolve solely on the parties Parties are in best position to come up with a workable solution Most likely to create a long term relationship SO WHY BRING IN A THIRD PARTY?

Why use a third party? Parties are unable to settle themselves (Are they really at impasse?) A 3 rd party is authorized or in a apposition to affect settlement –Parties may have previously agreed to use

Common Types of 3 rd Parties Mediators Arbitrators Facilitators 3 rd Party neutral –Investigate –Give a nonbinding opinion

Why do Third Party processes work? Some processes (especially mediation)… Are designed to be less adversarial Instead of deciding who is right and who is wrong, the processes emphasize a collaborative, consensus-building approach Conflict is framed as a mutual problem to be solved by the parties to the dispute With the assistance of the third party, the parties can define the conflict, generate options, establish criteria, and reach a mutually acceptable agreement

Some researchers say that the 3 rd party may take one of 3 roles: Inquisitorial role (which is characteristic of judges in European courts)- control over both decision and process Adjudicative role (characteristic of judges in the U.S. court system and of arbitrators)-the third party has decision control, but the disputants have process control (decide what evidence in introduced) Mediational role- the disputants have both process and decision control

The role a third-party plays has implications for the type of resolution achieved and for the disputants' perceptions of procedural and distributive justice. For example, disputants whose third party played a mediational role were more likely to reach a compromise solution, and they judged the procedure to be more just than disputants whose third party played one or more of the other roles.