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Chapter 4

Chapter 4 . Settling Disputes . Methods for Solving Disputes . Negotiation: people involved in a dispute discuss their problem and try to reach a solution acceptable to all. Settlement: agreement before a case goes to trial Steps of negotiation:

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Chapter 4

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  1. Chapter 4 Settling Disputes

  2. Methods for Solving Disputes • Negotiation: people involved in a dispute discuss their problem and try to reach a solution acceptable to all. • Settlement: agreement before a case goes to trial • Steps of negotiation: • 1. preparation for negotiation: issue is identified, separate interests from demands. • 2. Negotiation: both parties work together to identify the real issue. Create a list of solutions. • 3. Post-negotiation: Decide what to tell others

  3. Methods for Solving Disputes • Arbitration: both parties agree to have one or more persons listen to their argument and decide for them. • Mediation: a third person helps the disputing parties talk about their problem and settle their differences. • Cannot impose a decision. • Acts as a mutual third party • For example: BBB

  4. Problem 4.1/Page 44 • Examine the following situations and decide the best method for solving each problem. Consider informal discussion, negotiation, arbitration, mediation, going to court, a government agency and other methods • A. two sister share a room. However, they disagree over how the room should be arranged and decorated. • B. a new stereo breaks after two weeks, and the salesperson refuses to fix it. • C. a landlord will not make needed repairs because he believes the tenants caused the damage. • D. a labor union and an employer disagree over the wages and conditions of employment. • E. A married couple wants a divorce. • F. The Internal Revenue Service sends you a letter claiming that you owe another $200 in taxes. You disagree. • G. Carl invites Raquel to the prom, and she agrees to go with him. Then Miguel invites her to the prom. Raquel really wants to go with Miguel and accepts his invitation. Carl finds out about her decision after he has purchased flowers and paid for a limousine to take them to the prom.

  5. Law in Action/ Pg. 45 • 1. What are your concerns? How would you state the issue in the dispute? • 2. What is your starting position(demand)? What are your underlying interests(what do you really want)? • 3. What is the best conceivable outcome from your perspective? • 4. What do you think the starting position and underlying interests of the other side will be? • 5. Identify two workable solutions that would solve the conflict.

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