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Small-claims court involves private disputes under a certain dollar limit, typically $3,000–$10,000 depending on the state. The time you have to file a case and whether or not the decision can be appealed also varies by state.
The most formal type of dispute resolution is litigation, which can take place either in civil or small-claims court. Civil court has very formal rules and procedures and almost always involves hiring an attorney to represent you
forms of arbitration
Rights arbitration, has been used extensively in unionized organizations where virtually all labor contracts contain a provision for the handling of grievances—a complaint about the interpretation or application of the union contract.
Useful to know
Arbitrator may come from an independent agency, there may or may not be a cost involved, the decision may or may not be binding, and the proceedings may or may not be confidential. The procedures can vary considerably from state to state and industry to industry.
Another form of ADR. Unlike mediators, arbitrators act as judges to hear and decide the case. The process is simple—the disputing parties present their case and the arbitrator makes a decision. Thus, arbitration is distributive in nature with the arbitrator controlling the final outcome. The parties control the process, in that they choose to agree to arbitration, but give up control over the outcome to the arbitrator.
Specialized types
Civil rights mediation: Since 1999, the U.S. Equal Employment Opportunity Commission (EEOC) has offered mediation as an alternative to litigation in resolving discrimination complaints nationwide in cases where the EEOC has determined there is probable cause and the employee has followed all reporting requirements.
Restorative Justice (RJ). RJ brings victims and offenders together to discuss a crime and can be used to determine restitution. From the victims’ perspective, it provides an opportunity to ask questions and tell the offender the harm they have caused. For offenders, it can help them see the harm they have done to another human being, offer an apology, and begin to reconnect with the community.
important to note
Formal mediation
Community mediation
Method for resolving a variety of disputes that arise within a community
Voluntary in that the parties are not required to agree to anything. Some judges require the parties to attempt mediation before they will hear a case. During mediation, the mediator controls the process, even if the parties have attorneys and they are present for the mediation. The parties, however, maintain control of the outcome in that they decide the terms and conditions of the agreement
A common type of Alternative Dispute Resolution (ADR). In a formal mediation, a neutral third party, the mediator, helps those involved in the dispute work through the issues and come to a mutually agreeable solution. Mediators are trained in the general mediation process and may have additional training in special topic areas.
Exists as an informal process
includes
Third-Party
appears if
The parties are unable to resolve a dispute informally on their own, they always have the option of bringing in another person or persons to help them resolve the dispute. When a dispute becomes protracted and the parties are hostile, bringing in a third party may be the only way to resolve it. We must note however that while third-party intervention is generally very effective, it is best not to bring in a third party prematurely.
An informal dispute resolution is generally most effective in the early stages of conflict before the parties have become entrenched in their positions. It begins with a unilateral action by one of the parties
process
Identify and define the problem, discussing the facts helps to outline what is and is not in dispute and indentifies any areas on which the parties already agree, once the alternatives are identifies it must be evaluated and selected the solution, and finally is necessary to know how is going to be implemented.
is
To simply give in to the other party and comply with his demands
these are
Interest-based approach
focuses on
The parties’ common concerns, priorities, and preferences and is more likely to achieve an integrative agreement that is beneficial to all parties. This is the only approach that addresses why the dispute happened in the first place and is more likely to result in a better relationship between the parties than either power or rights strategies.
Rights-based approach
seeks
To apply a standard of fairness, contract, or law to resolve the dispute
Power-based approach
involves
Using one’s authority or other strengths to coerce the other party to make concessions
based on
Interpersonal differences, is almost always dysfunctional.
may arise
Over desired outcomes or processes
occurs when
There is no overlap between the parties’ resistance points.
