INTRODUCTION TO DISPUTE RESOLUTION

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INTRODUCTION TO DISPUTE RESOLUTION
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• In recent years, there has been increased
  interest in ways of resolving disputes. Why do
  you think that is?

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WHY DO DISPUTES ARISE?

• Claim is denied
• Damages are denied

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• Conflict vs. Dispute
• Management vs. Resolution

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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"

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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.

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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

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• Can there be a benefit to conflict?

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Functions of Conflict

• Makes organizational members more aware and able
  to cope with problems through discussion.
• Promises organizational change and adaptation.
• Strengthens relationships and heightens morale.
• Promotes awareness of self and others.
• Enhances personal development.
• Encourages psychological developmentit helps
  people become more accurate and realistic in
  their self-appraisals.
• Can be stimulating and fun.

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The Dual Concerns Model
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Styles of Conflict Management

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

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Styles of Conflict Management

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

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FORMS OF DISPUTE RESOLUTION

MEDIATION
LITIGATION
AVOIDANCE
NEGOTIATION
ARBITRATION
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Alternative Dispute Resolution Systems
Expense Time, Cost, Emotions
Most
Least
Trial Appeal
Negotiated Settlement
Mock Trial
Minitrial
Arbitration
Mediation
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OTHER FORMS OF DISPUTE RESOLUTION

• Conciliation
• Appraisal
• Facilitation
• Minitrial
• Baseball arbitration
• Med-arb or arb-med
• Early neutral evaluation

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CHARACTERISTICS OF THE FORMS OF DISPUTE RESOLUTION
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DISPUTE RESOLUTION ORGANIZATIONS

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

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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
• Plaintiffs case
• Motion Directed verdict or nonsuit
• Defendants case