INTRODUCTION TO DISPUTE RESOLUTION

1. INTRODUCTION TO DISPUTE RESOLUTION

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

3. WHY DO DISPUTES ARISE? • Claim is denied • Damages are denied

4. Conflict vs. Dispute • Management vs. Resolution

5. 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"

6. 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.

7. 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

8. Can there be a benefit to conflict?

9. 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 development—it helps people become more accurate and realistic in their self-appraisals. • Can be stimulating and fun.

10. The Dual Concerns Model

11. 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

12. 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

13. FORMS OF DISPUTE RESOLUTION MEDIATION LITIGATION AVOIDANCE NEGOTIATION ARBITRATION

14. Alternative Dispute Resolution Systems Expense Time, Cost, Emotions Most Least Trial & Appeal Negotiated Settlement Mock Trial Minitrial Arbitration Mediation

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

16. CHARACTERISTICS OF THE FORMS OF DISPUTE RESOLUTION

17. 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

18. 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