Conflict Resolution Strategies: (For All Seasons)

By Mary Schaller

Many lives have been lost and destroyed via peoples inability to apply constructive resolutions strategies when disputes surface.



The importance of an open, honest communication process necessitates for parties to exchange ideas that would be beneficial to all. However, due to bargaining forces and tactics this process is greatly undermined.



In an effort to foster the resolution process, of whatever conflict, the infusion of alternative dispute resolution is best recommended.



Consequently, the birth of this book is the vessel by which i hope the process could be achieved.



The proceeding documents, then, will be focusing on the analyses of numerous case studies; as related to the alternative dispute resolutions options studied, applied in class and working environments. the proposals will be supported by rationale that reference these readings and activities.

• Language: English
• Publisher: Xlibris US
• Release date: Sep 24, 2015
• ISBN: 9781514402061

Mary Schaller

Mary Schaller is a third-generation Californian. She was born and raised in the Bay Area. Much of her childhood was spent in San Francisco, where she attended university. The author had #MeToo experiences at the university and at work. She loves to write stories with irony. During her childhood, she learned about wild mushrooms from her father, who stressed the dangers as well as the rewards. Today, she lives in Northern California with her husband and cats. In the fall, she still likes to go mushroom hunting to make savory sauces.

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Copyright © 2015 by Ruford Royal Murray.

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Rev. date: 09/17/2015

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CONTENTS

PREFACE

INTRODUCTION

ALTERNATIVE DISPUTE RESOLUTION/A.D.R. AND ITS COMPONENTS

THE HYBRID FACTOR

NASTY-TACTICS WITHIN NEGOTIATION

B.A.T.N.A’S IMPACT IN A.D.R

CASE SCENARIOS OF A.D.R.

LITIGATION OR SETTLEMENT

JUDGMENT AT NUREMBERG

PERSONAL LIFE APPLICATION OF A.D.R.

CONFLICT COMMUNICATION & COMPONENTS

H.E.A.T’S IMPACT TO A.D.R.

A.D.R’S APPLICATION IN GLOBAL AFFAIRS

MULTI-TRACK DIPLOMACY METHOD

A.D.R’S APPLICATION IN DOMESTIC AFFAIRS

SUMMARY & CONCLUSION

REFERENCES

ACKNOWLEDGMENTS

PREFACE

MANY LIVES HAVE BEEN LOST AND DESTROYED VIA PEOPLE’S INABILITY TO APPLY CONSTRUCTIVE RESOLUTION’S STRATEGIES WHEN DISPUTES SURFACE.

THE IMPORTANCE OF AN OPEN, HONEST COMMUNICATION PROCESS NECESSITATES FOR PARTIES TO EXCHANGE IDEAS THAT WOULD BE BENEFICIAL TO ALL. HOWEVER, DUE TO BARGAINING FORCES AND TACTICS THIS PROCESS IS GREATLY UNDERMINED.

IN AN EFFORT TO FOSTER THE RESOLUTION PROCESS, OF WHATEVER CONFLICT, THE INFUSION OF ALTERNATIVE DISPUTE RESOLUTION IS BEST RECOMMENDED.

CONSEQUENTLY, THE BIRTH OF THIS BOOK IS THE VESSEL BY WHICH I HOPE THE PROCESS COULD BE ACHIEVED.

THE PROCEEDING DOCUMENTS, THEN, WILL BE FOCUSING ON THE ANALYSES OF NUMEROUS CASE STUDIES; AS RELATED TO THE ALTERNATIVE DISPUTE RESOLUTION’S OPTIONS STUDIED, APPLIED IN CLASS AND WORKING ENVIRONMENTS. THE PROPOSALS WILL BE SUPPORTED BY RATIONALE THAT REFERENCE THESE READINGS AND ACTIVITIES.

INTRODUCTION

THE CHARACTERS’ NAMES AND LOCATIONS WERE FABRICATED, IN ORDER TO PROTECT THE IDENTITIES AND PRIVACIES OF MY SUBJECTS.

According to the California Alternative Dispute Resolution Practice Guide/ADR (2003) it defines ADR as any method other than Litigation for resolution of disputes. Why? Because Litigation was and still is the original and traditional method of resolving conflicts in our courts. It was a process that had the following features: it was cumbersome in nature (due to a lot of paper work,) very time consuming, inconvenient, costly, the decision was in the hands of the judge and the disputants’ views were made by attorneys. Inclusive of the above factors is that relationship could be severed for life. Also, your private life’s information/conflict becomes open to the public’s ear, which is not in your control, once the case gets to this point. Two good things about Litigation, however, are: it allows for the legal process of the judicial system to assess the truth and it sets precedence.

It must be noted, that some people do need to be very concern about some of the risks of litigation. To me, it’s based on a case-by-case basis. Usually, for example, smart employers who want to decrease their employment’s expenses in employment disputes would consider settling even before a lawsuit occurs. However, an employee or group of people, realizing that the need to set a precedence, no matter what the cost, as shown in the movie, Erin Brookovich, would not hesitate on a litigation process.

However, ADR consists of several processes and techniques, which, while believed by some to be outside the traditional mainstream of the state judicial tradition, of resolving conflicts, has acquired great acceptance in both the public and judicial systems.

ALTERNATIVE DISPUTE RESOLUTION/A.D.R. AND ITS COMPONENTS

The term, ADR, surfaced during the twentieth century because the advocates of this process were alarmed at the increasing numbers of cases filed that were not processed over time and consequently, created a major strain on traditional courts, many judges were not able to effectively and efficiently handle the work-load. Also, many clients were becoming frustrated with the Litigation process, high legal fees and wanted a faster way out in resolving their issues in a more cost-effective manner. Consequently, advocates of the process like Jethro K. Lieber and James F. Henry, noted, Its value lies in reducing the burden on courts and disputants. The preceding statement has come to be accepted by many judges and a part of the main stream judicial system way of resolving conflict between or among disputants (Riskin and Westbrook.)

The benefits of this process, ADR, are many and among them are: it decreases the caseload in traditional courts and it settles disputes in a fair and equitable way (Riskin and Westbrook, p. 29.) The pros of ADR can be grouped into four categories. They are: A.D.R. the Alternative, ADR the Congenial, ADR the Efficient and ADR the Fairer.

Each of the above ADR has its specific characteristics. They are as follow:

ADR the Alternative.

This ADR is a cheaper and quicker process than Litigation. It alleviates some of the burdens on the overloaded court system and manages conflict as opposed to creating conflict (spill-off of Litigation.)

ADR the Congenial.

This ADR shows to be a kinder, gentler form of dispute resolution, has less lawyers in the dispute resolution process, promotes judges that are friendlier and more interactive, the environment created provides for easier, open-communication and contains a sense of privacy.

ADR the Efficient.

In this one, the settlements are voluntary, and not forced, information is better available, the parties involved are empowered with the information received, provides for beneficial resolutions that lead to long-term compliance and does exist in a less formal setting and process.

Ultimately, the ADR the Fairer.

This one focuses more on the disputants’ issues and its objective is a win-win results; as opposed to one party winning and the other losing (Riskin and Westbrook, p. 39-43.) ADR is generally classified into three types: Negotiation, Mediation and Arbitration (and it usually overlooks the Hybrid Factor.)

The above methods or processes comprise of the following features:

Negotiation.

The Negotiation process constitutes the participation of disputants that is voluntary and there isn’t any third party who either facilitates the resolution process or imposes a resolution. The parties challenge (Distributive Approach) or the interests are collaborated (Collaborative Approach) in developing a peaceful resolution. The final resolution could sometimes equally be rewarding, if not, it can end up being mediated, arbitrated or litigated.

Mediation.

As noted in my readings and simulation activities in resolving the disability lawsuit brought against the Riverside Hospital and discrimination lawsuit, I noted that they were very confidential meetings where a facilitator (Mediator) helped in the exchange of information and assisted in us coming up with the solution. He (mediator) didn’t issue orders nor give his opinions on how the case should be resolved or sided with either party (Neutral and Impartial Party.)

The process was cooperative, which cleared the way for open and helpful communication between the participants or disputants. The mediator made sure that all parties had an equal time and chance to express him or herself and be heard.

The participants were encouraged to express both interests and underlying interests; in an effort to achieve a peaceful resolution. The process was informal because we weren’t in a formal court nor were the participants’ lawyers present because the process was focusing on the parties and their interests. The resolution of the problem was left in the hands of the participants. The length of the mediation depended on: the nature of the dispute, the quantity of issues to be deliberated on, the number of participants involved and the participants’ commitment to the communication skills of the parties and the mediator.

Among the benefits of Mediation are the following: it provides an opportunity to deal with underlying issues in a dispute, build among participants a sense of accepting and owning their eventual settlement, has the tendency to mitigate tensions, build understanding, trust among the disputants and thereby avoiding bitterness which may follow adjudication (Riskin and Westbrook.)

© Arbitration.

The Arbitration process usually has the parties selecting an impartial third