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Alternative Dispute Resolution

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Get your hands on our Alternative Dispute Resolution (ADR) PPT template to describe the process of resolving conflicts or disputes without litigation with the assistance of a neutral party that helps in reaching an agreement. Arbitrators and mediators can use this fully editable deck to highlight the significance of ADR in providing the parties to the dispute a platform to reach a voluntary, consensual agree ment rather than opting for a cumbersome courtroom process. You can also use this set to discuss the role of alternative dispute resolution in speeding up the settlement, generating long-lasting outcomes, reducing cost, and improving relationships.  

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Lay your hands on our graphic-rich Alternative Dispute Resolution (ADR) PowerPoint template to describe the process of resolving disputes or conflicts without involving litigations, trials, or any other neutral third party.

Conflict managers can leverage these PowerPoint slides to demonstrate different categories, benefits, and types of ADR mechanisms. The stunning deck can be harnessed to depict the common forms of resolution methods, i.e., Negotiation, Arbitration, Non-Binding Recommendations, and Mediation.

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Alternative Dispute Resolution - PowerPoint PPT Presentation

• Alternative Dispute Resolution

Chapter 3 Alternative Dispute Resolution I. What Is The Best Method To Resolve A Dispute? Alternative Dispute Resolution ADR Procedures such as negotiations ... – PowerPoint PPT presentation

• Procedures such as negotiations, mediation and arbitration to resolve disputes in a more efficient and effective manner
• Less expensive
• Use of an expert as the decision maker
• Proceedings are confidential
• Decisions are final and not appealable
• Less formal
• does not refer to any one type of procedure. Rather it refers to a multitude of choices individuals have in resolving disputes outside the court
• Distributive Negotiation
• Integrative Negotiation
• Negotiation Stages
• When parties voluntarily work out their differences and reach an acceptable solution to the dispute in a peaceful manner
• INTEREST BASED NEGOTIATION focuses, not on positions, but rather on the underlying interests or needs
• Win or Lose
• When parties are stuck on their positions, they are probably involved in a distributive negotiation
• Parties participate in joint problem solving
• When the parties are concerned about the relationship between them, integrative negotiation works best
• Preparations
• Determine goals
• Determine goals of other party
• Identify arguments for and against yourself
• Identify interests and needs of both parties
• Stand in their shoes
• Best Alternative To a Negotiated Agreement (BATNA)
• Try to focus on interests, not positions
• Focus on needs, not wants
• Dont personalize the situation
• Dont interrupt
• Listen and repeat what you heard
• Dont dwell on disagreements
• Keep your cool, dont let anger rule
• Silence is golden
• Remember your BATNA
• Dont burn any bridges
• Good options, combined with deadlines, often create the energy needed to reach a settlement
• Review and clarify the agreement, then sign it
• Judicial Mediation
• Private Mediation
• Advantages of Mediation
• Process of Mediation
• Court-Ordered
• Judges in participating counties may order the parties to undertake mediation
• Parties may still maintain the right to proceed with litigation
• Occurs when the parties contractually agree to use mediation as a method of resolving their dispute
• Most disputes settle prior to litigation
• Reduces both time and costs
• Neutral 3rd Party provides a means of focusing on the real issues of the dispute
• Parties have an active role in reaching the settlement of the dispute
• Facilitates the negotiations between the parties
• Is a neutral 3rd party
• When mediators meet individually with each party in a caucus, it is called SHUTTLE DIPLOMACY
• Mediator must obtain information from both parties to gain success
• No special qualifications or requirements to become a mediator
• Stage 1 Mediation Process Started
• Stage 2 Opening Session
• Stage 3 Identify Interests and Needs
• Stage 4 Mediated Negotiations
• Stage 5 - Conclusion
• Some courts have begun using an ADR technique referred to as early neutral evaluation
• It occurs when a judge assigns an evaluator to meet with the parties already involved in a lawsuit
• The evaluator will review the case and inform each party how he sees the case and how it will likely play out in court
• The evaluator attempts to get the parties to reach a settlement and writes an evaluation
• is a nonbinding ADR technique that closely resembles a court trial
• Parties select a neutral 3rd party for advisement
• Parties will agree on the procedures to follow
• Procedures will address what type of discovery will be permitted
• Decision makers from each side attend the mini-trial
• Goal is, upon hearing the facts for themselves, the decision makers will be more inclined at that time to reach a settlement to the dispute
• the parties to a dispute agree to present a shortened case presentation to a mock jury
• Court-Annexed Arbitration
• Private Arbitration
• Starting the Arbitration
• Selecting the Arbitrator
• Final Decision
• Most well known method of ADR techniques
• Binding or Non-Binding
• Both California and Federal Government have passed legislation favoring arbitration
• Court order the case to arbitration
• Non-Binding
• Either party may ask for a TRIAL DE NOVO
• There are costly risks in not accepting the arbitrators award
• The duty to arbitrate dispute arises from either statutory obligation, or through a contract entered into between the parties
• Giving up the right to litigate a dispute is a serious matter and arbitration clauses should be knowingly executed
• The arbitration clause establishes the scope of the arbitration and the arbitrators powers
• A SELF-EXECUTING ARBITRATION clause will provide a method for selecting the arbitrator, procedures for how the arbitration will be conducted, and a provision for continuing the arbitration if one party refuses to proceed
• A notice is sent to the other party which contains what the dispute is about, the amount of damages, and what remedy is being sought.
• A response is due within 10 days of service in the state, and within 30 days if served outside the state.
• One advantage of arbitration is the ability of the parties to select the arbitrator
• A STRIKE LIST from an association is a list of persons from the panel of neutrals sent to each party
• To ensure that the arbitrator is neutral, the person selected must disclose information that might case bias in favor of one of the parties CCP1281.9
• The arbitrator can issue subpoenas to ensure witnesses will attend
• Discovery (seeking facts) is normally limited in arbitration
• Limited to claims involving personal injury unless the arbitration expressly provides for it CCP 1283.05, 1283.1
• The arbitrators decision is called an AWARD
• Where the award is binding, it is considered a final judgment in the dispute
• In most cases, the decision of the arbitrator is final
• Awards can be vacated if certain violations/corruptions/errors occurred
• Temporary Judging
• A REFERENCE is like arbitration, except the decision is appealable through the court system
• A GENERAL REFERENCE is where the referee tries any and all issues of the dispute
• A SPECIAL REFERENCE is where the referee addresses a specific question of fact
• The only requirement for a person to serve as a referee is that the person be a resident of the county where the court is located CCP 640
• The California Constitution in article VI, section 21 provides
• On stipulation of the parties litigant the court may order a cause to be tried by a temporary judge who is a member of the State Bar, sworn and empowered to act until final determination of the cause
• The decision rendered by the temporary judge is final and carries the same weight as if made by a permanent judge
• A decision issued by a temporary judge is subject to appeal based on errors of fact or law
• What is the Best Method to Resolve a Dispute?
• Negotiation
• Early Neutral Evaluation
• Mini-Trials
• Summary Jury Trial
• Arbitration
• Private Judging

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Alternative Dispute Resolution In Replevin PPT Presentation ST AI SS

Unlock the power of Alternative Dispute Resolution in Replevin with our comprehensive PowerPoint presentation deck. This professional resource offers insightful strategies, case studies, and practical tools to effectively navigate disputes over personal property. Enhance your understanding and skills in ADR with this essential guide.

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Alternative Dispute Resolution

Apr 06, 2019

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Alternative Dispute Resolution. Module 8. Alternative Dispute Resolution. to identify a resolution mechanism that results in win-win scenarios to analyze the role of power in dispute resolution to identify negotiation techniques to analyze a negotiation process. Objectives:. Module 8.

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Alternative Dispute Resolution Module 8

Alternative Dispute Resolution • to identify a resolution mechanism that results in win-win scenarios • to analyze the role of power in dispute resolution • to identify negotiation techniques • to analyze a negotiation process Objectives: Module 8

Alternative Dispute Resolution “If you come to help me, then you are wasting my time. But if you come here because your liberation is bound up in mine, then let us begin.” Lily Walker Module 8

Elements of Solutions • conflict management VS elimination • alternative solutions VS contest • shared responsibility for win-win VS win-lose scenario Module 8

Areas of Potential Conflict in RED • within or between community-based organizations • between community-based organizations and Government Module 8

“On a certain set of issues, for a defined period of time, those with authority to make a decision and those who will be affected by the decision are empowered to jointly seek an outcome that accommodates rather than compromises the interests of all concerned.” Government of British Columbia Shared Decision-Making Module 8

Process Design • The parties design and develop the process, becoming involved in the following: • assessing the appropriateness of the approach • negotiations • implementation • monitoring and evaluation Module 8

Power Effects • Power is the capacity to produce an intended effect. • A reliance on power leads to a hardening of positions. • The use of power creates imbalances and is a major factor in determining solutions. Module 8

Understanding Power • Power may be: • real or perceived; • obvious or hidden; or • stated or inferred. • Goal: • bring balance to create cooperative environment Module 8

Understanding Power (contd) • Power may have a formal, legal, personal, or knowledge basis. • Power may result from money, racial affiliation, age, or emotional manipulation. Module 8

Participants’ Input 8.1 Module 8

Approach Violence, non-violent direct action, legislation Results win-lose scenario enforcement based on power feeling of oppression Negotiation Continuum Module 8

third party makes a decision based on submissions win-lose scenario little support for implementation Negotiation Continuum (contd) Litigation and/or arbitration Module 8

third party plays a process role third party ensures open and continuous communication expansion of range of possible solutions ownership of outcomes empowerment redistribution of authority shared commitment and responsibility for implementation saving of time and money Negotiation Continuum (contd) Mediation, conciliation, negotiation Module 8

depends on goodwill of parties environment of mutual trust best for addressing minor issues Negotiation Continuum (contd) Informed problem- solving Module 8

win-lose scenario passive approach no indication of agreement no indication of support or interest Negotiation Continuum (contd) Avoidance Module 8

Principles/Tactics for Negotiating 1. Separate the people from the problem. 2. Focus on interests, not positions. 3. Invent options for mutual gain. 4. Know your best and worst scenarios. 5. Respect the opinions of all. 6. Empathize, do not sympathize. Module 8

Qualities of a Negotiator • demonstrates an ability to listen deeply and accurately; • works to build trust and facilitates communication; • works beyond perceptions and questions assumptions; He/she: Module 8

Qualities of a Negotiator (contd) • ensures discussions deal with interests VS positions; • looks for imaginative and innovative solutions; • looks for mutually acceptable outcomes; • asserts the point of view of constituents; • is prepared; and • remains open to solutions. Module 8

Participants’ Input 8.2 Module 8

Preparation • Identify existing levels of agreement. • Know as much as possible about the opposing party. • Identify other possible options for a resolution. Information gathering Module 8

Information gathering (contd) • Know about any third parties. • Know the importance of relationships and outcomes. • Know the locations and times of meetings. Module 8

Establishment of Expectations Try to establish: • commitment to the process; • the authority of negotiators; • a mutual desire for an acceptable outcome; • ground rules; • a positive, future-focussed tone; and • areas of agreement. Module 8

Definition of Issues • Table all issues before negotiations start to build trust, eliminate surprises. • Avoid stating positions. • Recognize interests and clarify information. • Emphasize common areas. Module 8

Options and Solutions • Avoid putting forward lists of demands which prevent generating solutions that result in “win-win” situations. • Generate as many options as possible. • Identify those that maximize mutual gains. Module 8

Negotiation Table • Ensure all stakeholders have a seat (be inclusive). • Ensure negotiators have authority from their constituencies. • Build in opportunities for negotiators to consult with their constituencies so that agreements will hold. Module 8

Negotiation Table (contd) • Provide opportunities for exploratory talks. • Reach agreements on spokespersons. • Initial partial agreements. Module 8

Participants’ Input 8.3 Module 8

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