Settling Disputes Mr Calella Introduction to Law What
- Slides: 8
Settling Disputes Mr. Calella Introduction to Law
What you already know Write down some issues that have resulted in disputes with siblings, friends, and parents. n Discuss what you wrote with a neighbor n What emotions were elicited? n Can emotions get in the way of resolution? Why? n
What you already know (continued) n How did you resolve the dispute? n You and the other person resolved it together n A third-party helped to resolve it What did you learn about dispute resolution from your experience? n When can going to court make a problem worse? n n Brainstorm problems associated with taking matter to court.
Problems with Litigation One side wins and the other loses n Cost $ (lawyers’ fees, court costs) n Sometimes consequences can be disadvantageous to both sides n Adversarial and creates more hostility n Third-parties may suffer (family law) n Are there alternatives to litigation when conflicts need to be resolved? n Explains why only small number cases go to trial n
METHODS FOR SOLVING DISPUTES 1. 2. 3. NEGOTIATI ON ARBITRATION MEDIATION
Negotiation n The process by which people involved in a dispute talk to each other about their problem and try to reach a solution acceptable to all. n n Sometimes attorneys file a lawsuit & then attempt to reach a SETTLEMENT before the case goes to trial; many cases settle before they go to trial. SHOW VIDEO CLIP
Arbitration n n Parties agree to have 3 rd-party (arbitrator) listen to their arguments and make decision for them Less formal than trial Final decision; parties must follow it Sports and labor examples?
Mediation n n 3 rd-party HELPS parties to talk about their dispute and settle their differences Mediators do NOT impose their decision on parties Parties come up with their own agreement Could be court-ordered
