How to Select and Use Dispute Resolution and Conflict Management Programs
Ohio Directory of Court and Not-for-Profit Programs
How to Select and Use Dispute Resolution & Conflict Management Programs
This section will help people unfamiliar with not-for-profit dispute resolution and conflict management programs to understand:
- the kinds of services commonly provided by these programs;
- the types of disputes commonly handled by these programs;
- how these programs help people with disputes;
- what to expect in a dispute resolution process;
- how to decide which not-for-profit or private provider will best meet your needs.
The Spectrum of Dispute Resolution and Conflict Management Services
The options available for resolving disputes and more effectively dealing with conflict are numerous. Yet, when we are involved in a dispute or embroiled in conflict, many of us either avoid the problem or resort to combative tactics. We frequently look to an authority to choose a "winner" and a "loser" when, in many cases, by working cooperatively with the other person to design a solution, we could both be winners.
Although conflict is inevitable, the way we deal with conflict does not need to be a negative experience. By approaching conflict as an opportunity to gain new insights and explore ways to work creatively and cooperatively with other people, we can effectively manage our reaction to conflict and be a part of the solution to difficult situations.
When disputes occur, we have three basic options.
(1) We can work with the other person(s) directly to come to a resolution (negotiation or conciliation).
(2) We can request the assistance of an impartial third person to work through the problem (mediation or facilitation).
(3) We can involve an impartial third person with authority to decide the matter for us (arbitration or adjudication). Each of these options is appropriate at different times. However, generally, it is best to try them in the order listed above. First, we engage in good faith discussions, then enlist the assistance of a mediator or facilitator, and, finally, if the dispute is still not resolved, we approach a decision-maker and ask him or her to render a decision.
In addition to mediation and facilitation, not-for-profit dispute resolution and conflict management programs offer a variety of other services that assist people in better understanding conflict, their reactions to it, and better ways to approach it.
How Dispute Resolution and Conflict Management Programs Can Help You
Conflict management and dispute resolution programs teach individuals concepts and skills for preventing, managing, and peacefully resolving conflicts. Programs sponsored by not-for-profit groups and local government entities often offer assistance in resolving disputes without involving law enforcement or the formal court processes. A mediation or conciliation process is usually voluntary, informal, and private, and gives people in conflict significant flexibility to come up with their own acceptable solution.
Most programs sponsored by community organizations or local government agencies can be used either before or after law enforcement has intervened or court actions have occurred. It is usually best to use a dispute resolution process such as mediation as early as possible, before the dispute festers and the parties have entrenched in their positions.
Many dispute resolution programs connected to the court system offer their services at either the pre-filing or post-filing stage of legal proceedings. Pre-filing means that no formal charge has yet been filed with the court. Many county, municipal and small claims courts and prosecutors' offices offer mediation at the pre-filing stage. In addition, juvenile courts are adding pre-filing mediation of truancy, delinquency and other first-time, less serious offenses to their efforts to divert court action and prevent creating records for young offenders.
After a charge has formally been filed with a court (a filing fee is paid and a court record is created for the case), mediation, arbitration and other dispute resolution methods can still be used to allow parties a greater opportunity to participate in the resolution of their case and to move the case more quickly through the judicial process. Many Municipal, Domestic Relations, Juvenile and Common Pleas courts include dispute resolution options at the post-filing stage.
For consumer-business problems, many Better Business Bureau (BBB) offices in Ohio offer arbitration and/or mediation services when a consumer complaint is made against one of its members. Sometimes a resolution is as simple as an apology or a replacement part. If the business is not a member of the BBB, the Ohio Attorney General's office may, in appropriate cases, intercede on behalf of a consumer.
What to Expect from a Dispute Resolution Process
Although dispute resolution processes may vary, some principles are generally true no matter what kind of conflict you are addressing. The following questions and answers should help you to understand how the processes work.
What are the mediator or arbitrator's responsibilities?
A mediator or arbitrator has a duty to act as an impartial third party. Ideally, this third party should have no previous relationship with anyone involved in the dispute. If the third party has had dealings with you or other people in the conflict, or with a family member, organization, or other connections that might raise a question as to impartiality, he/she should describe the relationship before the dispute resolution session begins. If there is concern that the third party might be biased, another third party should be used.
Third parties have different styles. Some mediators and arbitrators may raise new ideas and make suggestions for a possible settlement. Others may withhold their opinions even when asked for suggestions by the disputants. Some third parties may want to use caucuses (private meetings with each party separately) as part of the conciliation, mediation, or arbitration.
The specific steps in the dispute resolution process you are going to use should be explained to you in advance, or at the beginning of the meeting, by the third party neutral. It is important to remember that these processes are flexible. They can be modified or combined to meet the needs arising from your particular problem.
What are the disputants' responsibilities?
As a participant in a dispute resolution process, you have the responsibility to share your concerns and interests fully and to work toward a solution in good faith. You should always feel free to ask questions. If there are special language or cultural needs, or limits on your time, raise these concerns with the third party neutral. For example, you might ask if there is a time limit for the dispute resolution session, and if a second session could be scheduled if needed. Before you begin, make sure you understand what the service costs, and if there are payment options available.
If there has been violence or intimidation, or if an abusive relationship exists, you can and should raise these matters so that you feel safe and can participate fully. Most dispute resolution programs have a screening procedure to determine whether a case is suitable.
You can speak in private with the coordinator of the program to see if your situation is appropriate for dispute resolution or some other kind of assistance.
Will there be a report about the dispute resolution process?
If an agreement is reached through a dispute resolution process, the third party neutral will often prepare a written agreement, review it with the parties, and have the parties sign the agreement. If the parties wish, they or their attorneys can then have the agreement filed with the appropriate court. Any settlement reached through a dispute resolution process should be voluntary. Communications that occur within the course of mediation are to remain confidential with very few exceptions. (Communication about criminal acts, for example, is subject to disclosure.) If an agreement is not reached during the course of a post-filing mediation, the mediator generally only reports that there was no agreement and does not provide any other information or impressions to the court or other authorities.
What if there is no agreement or agreement on only some issues in the dispute?
If you choose to mediate a dispute, you can still pursue other dispute resolution options, including legal action, if you don't reach agreement. If you feel there is an important legal principle involved, then a dispute resolution process like mediation may not be appropriate. However, in a broad range of conflicts, dispute resolution can offer a flexible, fast and inexpensive way to try to reach a solution without sacrificing legal rights.
What should you do if the dispute resolution process you attempt seems inappropriate or unfair?
Assuring competent, fair and responsive dispute resolution services in Ohio is mainly a responsibility of consumers and service providers. Although statute and local rule regulate who can mediate cases for certain court programs, no statewide certification or credentialing for dispute resolution providers exists in Ohio.
If you think there was undue pressure to settle, the third party was biased, or you did not have a chance to fully share ideas for a solution, contact the dispute resolution program coordinator. Describe your questions or criticisms and ask whether the mediator or arbitrator's conduct was proper. If it was improper, request an appropriate avenue to air your grievance and determine the best way to pursue a fair and acceptable solution.
The Ohio Commission on Dispute Resolution and Conflict Management and the Supreme Court of Ohio have published a consumer guide entitled What You Need to Know When Selecting a Mediator which can assist you in better understanding what to expect from the mediation process. Contact the Commission or the Supreme Court to receive a free copy of this publication.
Deciding Who to Contact for Dispute Resolution or Conflict Management Services
This directory focuses on not-for-profit dispute resolution and conflict management programs that handle common kinds of neighborhood, family and consumer-business disputes.
Most community, court-connected or government agency programs select, train and supervise their third party neutrals. Many of these programs use trained volunteers to serve as third party neutrals. Some programs, especially court mediation programs handling divorce matters, maintain a list of private mediators. After the court determines that a case is appropriate for a dispute resolution process, court staff will show you how to choose a mediator. Private mediators usually charge a fee for their services. Be sure you know the fee arrangement before the first mediation session. If you find that the not-for-profit programs in your area do not meet your needs, see Section IV for ways to locate private third parties.
Successful mediators, arbitrators and other third parties come from many different backgrounds. For many interpersonal, neighborhood and commercial difficulties, a mediator with basic training and general experience can meet your needs. If there are more complex or unusual issues involved (financial, legal or medical) a third party with a more specific background (e.g., business transactions, law, counseling or health care) may be needed.
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