Today’s Agenda (4/27/15): 1)Congress Review 2)Today’s Central Questions 3)Resolving Conflicts in Society (Outside of Court) 4)Conflict Resolution: How To and How NOT to Mediate
Today’s Agenda (4/27/15):
1) Congress Review2) Today’s Central Questions3) Resolving Conflicts in Society (Outside of
Court)4) Conflict Resolution: How To and How NOT to
Mediate
For Tonight:
• Finish T.O. Arbitration Case
• SUPREME COURT CASE SELECTION DUE TOMORROW IN WRITING!!!
Today’s Central Questions:
• What do we mean by the term “conflict”?
• What methods/means do you know of do we use to potentially “solve” a conflict?
• What conditions/characteristics are needed to effectively solve a conflict?
What is Conflict?
• Having simple disagreements
• Failing to see eye-to-eye on certain issues
• Possibly using violence against someone else
Conflict (cont’d)
• Normally, we settle our conflicts two ways:
• 1) having a court of law legally decide the outcome for us (this can be expensive and also time consuming)
• 2) more often, we use methods to settle conflicts ourselves (out-of-court)
Negotiation
• People in a conflict talk about their problems
• 1) popular way to settle disputes between individuals
• 2) goal is to reach an agreeable solution through talking the problem out
Negotiation (cont’d)
• Can be done face-to-face, in groups, or through representatives (such as attorneys)
Mediation
• An outside party helps two sides talk about problems and settle differences
• Mediators DO NOT make any final decisions; their position must be neutral through the process
The Secretariat Branch of the United Nations is one of the best known international mediation groups in the world
Mediation (cont’d)
• Key Elements to Mediation
• 1) allow disputing parties to “air their feelings” about each other
• 2) get disputing parties to concentrate on how they will work or live together when the mediation ends
Marriage counselors are paid to help couples mediate their problems/issues
Arbitration
• Having a third party listen to and decide on a disputed issue
• Both parties formally agree in writing that decision made by an arbitrator is final
• If arbitrator’s ruling is broken or not followed, the offending party can be sued in civil court
On February 21st, 2008, an arbitrator awarded then 27-year-old Philadelphia Phillies first baseman Ryan Howard a $10 million 1 year contract (to this day it remains tied for the highest amount ever awarded in Major League Baseball)