Methods of Dispute Resolution Discussion
2 Questions need answers. 300 words each, total of 600. APA. Two resources each. Can put into one document but separate questions.
Disputes often involve multiple (more than 2) parties. What inappropriate tools, attitudes, and perceived needs impede resolution? How does emotion differ from perspective? What would you do to influence the parties to “let go” of the inappropriate tools, attitudes, and perceived needs? How does the use of a lawyer change the situation?
You have been asked to mediate disputes between multiple (more than 2) parties. Each individual party has his/her own attorney. The individuals all invested with a reputable investment firm. It turns out, the firm engaged in criminal conduct and the investors were part of a ponzi scheme. Each individual lost their entire investment with the firm and each has hired a lawyer to recover their investment losses and emotional distress damages. The individual investors are devastated. Many have lost their entire life savings and are in retirement age. Some of the lawyers involved believe the parties should mediate because there are limited assets from which to recover, the cost of litigation will be high and the results from litigation more costly than resolving. Other attorneys are not certain mediation is the best option. Discuss the obstacles to resolution that could potentially exist in this situation.
Additional info on subject matter: In conflict involving civil matters (business disputes, construction disputes, employment disputes, dissolution of marriage, child custody) lawyers are generally involved. Many businesses and organizations rely upon legal counsel to provide advice and guidance. The influence of lawyers on their clients must be considered when working to resolve conflict without the need for litigation.
In order to resolve conflict, the parties must understand their objectives, be able to identify obstacles to resolution, including gender issues, cultural differences and individual personal attributes. The parties must be able to identify resources available to resolve dispute (types of mediation) and be willing to look at new approaches to resolve conflict. This level of understanding will enable the parties to use alternate methods of dispute resolution for resolving their conflicts.