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Managing Conflicts
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Managing Conflicts

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Managing Conflicts Presentation Transcript

  • 1. Managing Conflicts Nick Graham Assistant Head of Legal & Democratic Services
  • 2. Global Thermo-nuclear war Litigation Mediation Negotiation
  • 3. Lawyer to Client ratio USA: 1 in 200 Japan: 1 in 9,000
  • 4. 'Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the  nominal  winner is often a  real  loser  -  in fees, and expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man . . . Never stir up litigation. A worse man can scarcely be found than one who does this.' Abraham Lincoln 'Notes on the Practice of Law'
  • 5. The Court's approach to managing conflict   COSTS &  complexity
  • 6.  
  • 7. What is mediation? What are the benefits? How does it work?
  • 8.
    • Stages in the Mediation Process
    • Preparation
    • Opening
    • Putting the case
    • Exploration
    • Uncovering “interests”
    • Getting creative
    • Formulating proposals
    • Writing agreement
  • 9. Negotiation
    • Positional bargaining
    • Principled negotiation
  • 10.
      • Separate people from the problem
      • Focus on interests not positions
      • Invent options for mutual gain
      • Use objective criteria
    Getting to Yes: Ury & Fisher