Understanding Alternative Methods of Dispute Resolution in Civil Cases

1. Alternative Methods of Dispute Resolution

2. Most Civil Disputes Never Go To Court • Why? • The Court System Takes Time • More civil cases are being filed. • Courts have limited resources. • Criminal cases take priority over civil cases due to the criminally accused right to a speedy trial under the Sixth Amendment to the U.S. Constitution.

3. The court system is expensive. • A trial and the preparation leading up to it can generate thousands of dollars in legal fees. • The court system can harm ongoing relationships. • Taking a dispute to court can cause anger and bitterness

4. Alternative Dispute Resolution • Negotiation • Arbitration • Mediation

5. Negotiation • The disputing parties talk to each other about their problem and try to reach a solution that is acceptable to them. • Note: negotiation can be used to settle disagreements ranging from minor disputes between siblings to multi-billion dollar lawsuits between large corporations.

6. Arbitration • The disputing parties agree to have another person – an arbitrator - listen to their arguments and make a decision for them. • Note: the arbitrator is like a judge, but the process is less formal than a trial. • Arbitrators have the authority to make the final decision and the parties must follow it if it is “binding arbitration.” • If it is “nonbinding arbitration,” the parties are not “bound” and hence do not have to follow the final decision. • Arbitration is common in contract and labor-management disputes. • Many sales and service agreements have an “arbitration clause” requiring “binding arbitration.”

7. Mediation • A person not involved in the dispute – the mediator - helps the disputing parties talk about their problem and settle their differences.

8. The Benefits of Mediation • Voluntary • The parties can leave any time. • The parties decide how they want to resolve the dispute. • Mediators do not impose a decision on the parties. • Mediators instead listen carefully to both parties. • Confidential • Mediator cannot be called to testify in court as a witness for a party’s case. • Effective • Allows disputing parties to vent their frustrations. • Avoids placing blame and concentrates on the future relationship between the parties. • Parties are more likely to follow agreement. • Allows parties to come up with creative solutions • Enforceable • If settlement reached and written as legally binding contract • Free • Through many community mediation programs

9. The Steps of Mediation • Introduction • Telling the story • Identifying positions and underlying interests • Identifying alternative solutions • Revising and discussing solutions • Reaching an agreement

10. Mediation Role Play • Mediator • Sam • Chris