ISBN: 0-944715-86-9
2004, 48 pages
1st edition
Author(s): Mary Avgerinos
Editor(s): CAI
Item #: 5869
Retail Price: $25.00
Member Price: $15.00
Community associations must resolve conflict through a constructive, people-centered strategy. To reach that goal, many communities turn to alternative dispute resolution and consensus building to foster greater understanding and improve communication.
These alternatives to the traditional justice system have been embraced by attorneys, judges, and an increasing number of community associations not only because they are far less costly, but because they promote harmony rather than discord among neighbors.
In Conflict Resolution, you'll learn techniques for avoiding disputes as well as managing them when they come up. The book covers the key ADR techniques such as negotiation, mediation, and arbitration and how to build consensus among divergent groups. A large Appendix provides samples of many useful letters, documents, and agreements.
Content
Acknowledgments
Introduction
Chapter 1 – Managing Conflict
The Avoidance Approach
The Alternative Dispute Resolution Approach
A New Philosophy of Conflict
Chapter 2 – Negotiating Conflict
Positional Bargaining
Interest Based Bargaining
Negotiating Successfully
Who Should Use Internet Based Bargaining?
Chapter 3 – Mediating Conflict
When to Mediate
What is Appropriate for Mediation?
What Does the Mediator Do?
Can Mediation be Conducted Without Attorneys?
Steps in the Mediation Process
Chapter 4 – Arbitrating Conflict
What is Arbitration?
The Role of the Arbitrator
Administering the Arbitration Process
Including ADR Provisions in Legal Documents
Chapter 5 – Collaborative Decision Making
Building an Adequate Support Base
The Community-Involvement Process
Public-Involvement Techniques
Appendices: Sample Documents
Appendix 1 – Sample Clause for Negotiation Prior to Mediation or Arbitration
Appendix 2 – Sample Pre-dispute Arbitration Clause
Appendix 3 – Sample Letter to Client Explaining Mediation
Appendix 4 – Sample Agreement for Mediate
Appendix 5 – Sample Mediation Agreement Regarding Dispute Between Board Members
Appendix 6 – Sample Mediation Agreement Regarding Dispute Between Owners
Appendix 7 – Sample Arbitration Clause Providing for Procedures to be Determined Post Dispute
Appendix 8 – Sample Post-Dispute Arbitration Clause With Procedures
Read an excerpt
Read an article about alternative dispute resolution
