Your Get-Along Guide - Conflict Resolution
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This document discusses four main methods for formally resolving conflicts: negotiation, mediation, arbitration, and litigation. [Negotiation involves informal discussions between parties to reach an agreement. Mediation uses a neutral third party to help parties find common ground to compromise. Arbitration has an arbitrator make a private decision after parties present arguments. Litigation resolves disputes through formal legal proceedings in court.] The document provides overviews of each method and their advantages and disadvantages to help readers determine the best approach for their conflict resolution needs. It also offers guidance on considering legal representation and limited scope options.
Your Get-Along Guide - Conflict Resolution
- 1. Conflict Resolution Your Get-Along Guide Perry P. Lieuallen May, 2011
- 2. Methods of Conflict Resolution There are four general methods of formally resolving conflicts. They are: Negotiation Mediation Arbitration Litigation Let’s take a look at what each involves.
- 3. Negotiation Negotiation is generally less formal than the other methods, although it can also be used as a formal process with guidelines for how positions and arguments supporting each position are exchanged. At the informal end, it may be as simple as a conversation with another person. The goal is to reach an understanding or resolve a point of difference.
- 4. Mediation Mediation is the process by which two or more people use the services of a mediator to help them resolve a dispute in a way that each of them will accept. A mediator is trained to help them focus on the issues and goals that are most important to each of them, and structure a resolution that allows them to find common ground and, in some cases, accept a compromise in one area in order to achieve another goal. You can think of mediation as assisted negotiation.
- 5. Arbitration Arbitration is conducted by a trained arbitrator or, sometimes, a panel of usually three arbitrators. Each side presents his or her positions and arguments to the arbitrator, describing the desired outcome and the reasons why that outcome is the correct one. The arbitrator then makes a decision. This is a more formal process, similar to litigation except that the arbitrator is hired privately by the parties. It is usually faster and less expensive than litigation.
- 6. Litigation Litigation is the process used to resolve cases in court. It is the most formal of the methods of resolving disputes. Litigation is controlled by court rules, starting with how the dispute is filed in court, how the other party or parties are notified of the dispute and of each court hearing, what evidence can be presented, and whether the case will be heard and decided by a judge or a jury under the direction of a judge.
- 7. Negotiation: Benefits and Disadvantages Benefits: No cost, unless you pay someone such as an attorney to negotiate for you, or to write up an agreement based on the resolution you reach You control the process and the outcome Disadvantages: If you do not reach an agreement, you will need to try another method of resolving the dispute If the other person does not abide by the agreement you reach, you may need to take further steps
- 8. Mediation: Advantages and Disadvantages Advantages: You retain control of the process and the outcome You retain control of the costs You have assistance from a trained mediator If you reach an agreement, the mediator will usually help put it in writing Disadvantages: If you do not reach an agreement, you will need to try another method of resolving the dispute If the other person does not abide by the agreement you reach, you may need to take further steps
- 9. Arbitration: Advantages and Disadvantages Advantages: You and the other side can choose the arbitrator You generally know how much the arbitrator will charge, so you can control that cost There will be a resolution of the dispute Disadvantages: You do not control the outcome; after you make your presentations, the arbitrator makes a decision If the other person does not abide by the agreement you reach, you may need to take further steps in court You may have the expense of an attorney, consultants or experts, if the issues are technical or complicated
- 10. Litigation: Advantages and Disadvantages Advantages: There will be a resolution of the dispute You may benefit from court rules, or the law, if they favor your position There is usually a process to enforce a decision Disadvantages: You not have control over the outcome after you make your presentations The process may become very expensive It may take a long time, and a lot of your time, before there is a decision You may need to take more steps to enforce a decision if the other side does not voluntarily comply
- 11. Should I have a lawyer? That is a question that only you can answer. A lawyer can help you understand whether your position is reasonable under the laws of your state. Many people will consult with a lawyer to get that information. If you are going to be involved in arbitration or litigation, you may want to consider hiring a lawyer, especially if the other side has a lawyer. A lawyer understands the processes and the law, and can help you present your case more effectively.
- 12. Is there another option? In many states, you can hire a lawyer to act as your coach. This is sometimes called “limited scope representation.” You will get the benefit of the lawyer’s advice on the law, and how best to present your position, but you can save money by handling many of the routine procedural steps yourself. You will want to discuss this carefully with an attorney who you hire for this purpose, to be sure you each understand exactly what you are to do. You want to be sure you are able and willing to do the tasks assigned to you, because if you make a mistake, such as not filing a paper by a deadline, the lawyer may not be able to fix that.
- 13. How to use this information The information in this e-book is very general, and is not intended to be and is not legal advice to you. There are many other considerations that you need to be aware of when you make a decision. You should research your type of dispute, and each method of dispute resolution, very thoroughly before you decide how you want to proceed. We hope that it will increase your understanding of how you can make good decisions on what to do when you find yourself in a dispute with another person or a business.
- 14. About the Author Perry P. Lieuallen is an attorney and certified mediator. You can find his blog at: www.resolutionconflict.com His website is currently being reconstructed. In it’s current state, it would be generous to call it pathetic. You can probably view it now, but please check back for updates coming soon. www.perrylieuallen.com May, 2011