The document discusses different dispute resolution processes like mediation, arbitration, and litigation. It notes that each has unique characteristics and pros and cons. When selecting a dispute resolution process, one can either match the characteristics of the processes to the details of the case, analyze the case details to determine the best process, or design a customized process that addresses both parties' interests. The document then provides more details on mediation and arbitration, including their procedures, goals, and potential impediments to resolution.

1. Appropriative DisputeAppropriative Dispute
Resolution SelectionResolution Selection

2. Selection of anSelection of an
Appropriate DisputeAppropriate Dispute
Resolution VenueResolution Venue
It is important to be aware of and understand
the different processes of dispute resolution:
Mediation
Arbitration
Litigation
Each has unique characteristics; pros & cons.

3. Methods of MatchingMethods of Matching
Describe characteristics of processes and then
match to cases…
Or
Analyze the case and then match to process…
Or
Design a process that understands and
addresses both parties’ interests.

4. MediationMediation
 Voluntary process.
 Third party coach present; neutral between parties and
impartial to issue.
 Parties craft resolution.
 Attorney not necessary.
 Private process; no public record’
 Procedures of conversation selected by parties, facilitated
by mediator.
 Scope of discussion and evidence limited only by the
parties themselves.
 Parties retain the ability to communicate with each other.

5. ArbitrationArbitration
 Typically voluntary, may be imposed by prior contractual
agreement.
 Third party present; granted power to act as a private
judge.
 Resolution crafted by third part and imposed on parties.
 Attorney not required but commonly used.
 Private process.
 Procedures dictated by formal guidelines.
 Scope of discussion and evidence allowed narrowed by
arbitration rules.
 Parties lose the ability to communicate with each other.

6. Dynamics of the CaseDynamics of the Case
Relationship between parties.
Relationship between agents for
parties.
Creative problem-solving aspects.
Willingness of parties to apologize.
Eagerness to settle.
Benefits from formal process
protections.
Linkage to other issues.

7. Goals of the PartiesGoals of the Parties
Privacy
Public Vindication
Neutral opinion
Speed
Cost
Recovery amount
New solutions
Relationship
Precedent
Control of process
Control of outcome
Supervision or
compulsion
Transformation of
parties
Shift of decision
responsibility

8. Impediments toImpediments to
ResolutionResolution
 Poor communication
 Emotions expression
 Different view of facts
 Different view of law
 Important principle
 Fear of disclosing true interest
 Inability to negotiate effectively
 Unrealistic expectations
 Disproportion power of the parties
 Linkage to other issues

9. Impediments toImpediments to
ResolutionResolution
 Poor communication
 Emotions expression
 Different view of facts
 Different view of law
 Important principle
 Fear of disclosing true interest
 Inability to negotiate effectively
 Unrealistic expectations
 Disproportion power of the parties
 Linkage to other issues