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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
