Dispute Resolution

Legal Communication

Ronnie FieldsDr. Wolfe

Comm 20123 July 2012

Legal CommunicationDispute Resolution

5 things to know about dispute resolution

5 things to know about dispute resolution

1)WHAT it is2)WHO uses it3)WHY it is

important4)CRITICISMS of

it5)EMERGING

trends in the field

What is dispute resolution

What is dispute resolution

Dispute resolution refers to methods used by trained neutral parties that help people communicate clearly, negotiate effectively, develop and evaluate solutions, or resolve conflicts. Essentially, it is the process of resolving a dispute by meeting at least some of each side’s needs and addressing their interests.

Types of dispute resolution include:

Negotiation

Mediation

Conciliation

Litigation

Arbitration

What do these terms mean?

Negotiation

a dialogue between two or more people or parties intended to reach an understanding or agreement

Negotiation

a dialogue between two or more people or parties intended to reach an understanding or agreement

Each interested party must weigh their particular interests in order to establish their negotiation positions .

ConciliationA conciliator meets with the parties separately

ConciliationA conciliator meets with the parties separately

He or she:Recommends points of concessionInterprets issuesImproves communicationExplores solutions

Mediation

Mediation is a confidential way for people to resolve disputes with the help of a third party mediator that helps parties work out their own mutually beneficial solutions to problems.

Arbitration

a formal proceeding utilizing neutral third parties that listen to evidence and render a legally binding decision

Litigation

Litigation is a legal dispute argued in court.

Litigation

Litigation is a legal dispute argued in court.

Attorneys help negotiate a resolution, or a judge or jury makes a decision.

So who uses dispute resolution?

So who uses dispute resolution?

EVERYONE

There are professionals involved in dispute resolution like lawyers, arbitrators, and mediators.

But everyone has been involved in dispute resolution in varying degrees at one point or another

Why does this matter?

Why does this matter?

Who you are and the nature of your dispute determine what resolution method you will utilize

For example…Spouses seeking divorce may utilize mediation if relations are amicable, but if not they may be forced into litigation

Continued

Consumers seeking to solve disputes often enter in to arbitration with the company that they have a grievance with.

Continued

Negotiation takes place at many levels of society including at the work place and at home.

Criticism Dispute resolution methods do not always render the best or most fair solution

Criticism Dispute resolution methods do not always render the best or most fair solution

Because parties rarely have equal negotiating power, communication is often unjustly dictated by one side

ContinuedMany consumers unknowingly enter into contracts with mandatory arbitration clauses.

ContinuedMany consumers unknowingly enter into contracts with mandatory arbitration clauses.

In doing so they forgo their right to a jury trial and limit their chances for a satisfactory outcome

Arbitrators OVERWHELMINGLY find in favor of the corporation rather than the consumer

EMERGING TRENDS

As much of our commerce and interaction moves online, dispute resolution is becoming increasingly virtual

Actually, you can

EMERGING TRENDS

Online dispute resolution utilizes new technology and the application of traditional methods to resolve disputes which arise online.

CreditsPhotos in order they appear:1)http://maryland-home-mortgage.net/2011/09/27/dispute-resolution-can-become-expensive-fast/dispute-resolution-jpg/2) http://images.cdn.fotopedia.com/flickr-3605597056-original.jpg3) http://images.cdn.fotopedia.com/flickr-2200500024-original.jpg4) http://i.images.cdn.fotopedia.com/flickr-2984987747-original/People_around_the_World/America/North_America/United_States/303365_Dr._Kofi_Nsia-Pepra.jpg5) http://www.flickr.com/photos/jonnygoldstein/4564003386/sizes/m/in/photostream/6) http://www.dreamstime.com/royalty-free-stock-image-meeting-room-use-image89866767) http://commons.wikimedia.org/wiki/File:Arafat%26Barak.jpg8) http://media.northjersey.com/images/300*386/Arbitration.jpg9) http://www.marines.mil/unit/hqmc/hr/PublishingImages/Jury-duty.jpg10) http://www.fotopedia.com/items/flickr-3238629251/slideshow11) http://i.images.cdn.fotopedia.com/b1gXYfSmHZw-7GhAlyCTT8g-hd/People_around_the_World/Europe/Crisis_in_Portugal_Crowd.jpg12) http://www.sxc.hu/photo/95231313) http://www.sxc.hu/photo/78603814) http://www.flickr.com/photos/o5com/4926065636/sizes/m/in/photostream/15) http://commons.wikimedia.org/wiki/File:Verizon_logo.svg

16) http://commons.wikimedia.org/wiki/File:Apple_Computer_Logo_rainbow.svg17) http://commons.wikimedia.org/wiki/File:Starbucks_Corporation_Logo_2011.svg.png18) https://upload.wikimedia.org/wikipedia/commons/thumb/8/89/Liang_Xinjun%2C_Chief_Executive_Officer%2C_Fosun_Group%2C_in_discussion_with_participants_at_the_2011_Horasis_Global_China_Business_Meeting%2C_8_Nov_2011_-_Flickr_-_Horasis.jpg/800px-Liang_Xinjun%2C_Chief_Executive_Officer%2C_Fosun_Group%2C_in_discussion_with_participants_at_the_2011_Horasis_Global_China_Business_Meeting%2C_8_Nov_2011_-_Flickr_-_Horasis.jpg19) http://www.flickr.com/photos/chaparral/1127501031/sizes/m/in/photostream/20) http://www.flickr.com/photos/s_v_p/5413968675/21) http://www.flickr.com/photos/cellardoorfilms/7620375702/sizes/m/in/photostream/22) http://www.flickr.com/photos/adamcrowe/4014323612/sizes/m/in/photostream/23) http://commerce.idaho.gov/assets/content/images/internet-marketing-strategy-traffic1.jpg

Websites used:http://www.nysdra.org/whatisdr/whatisdr.aspxhttp://search.creativecommons.org/http://www.fairarbitrationnow.org/http://www.hg.org/adr.html

Articles used:Shaw, L. (2010). Divorce mediation outcome research: A meta-analysis. Conflict Resolution Quarterly, 27(4), 447-467. doi: 10.1002/crq.20006 Hammond, A. G. (2003). How do you write 'yes'?: A study on the effectiveness of online dispute resolution. Conflict Resolution Quarterly, 23(20), 261-286. Retrieved from http://www.wiley.com/WileyCDA/WileyTitle/productCd-CRQ.html