RESOLVE DISPUTES WITHOUT GOING TO COURT
“I’ll sue you!”
Three little words the wronged love to utter.
But, according to Judi Skalnik, director of the Dispute Resolution Service of Orange County, a lawsuit should be the last resort in resolving a conflict.
“During a dispute, people don’t hear each other because their defenses are so high,” Skalnik said. “Mediation helps people who want to reach a peaceable resolution to a problem.” Both informal and confidential, the mediation process gives disputing parties an opportunity to work together toward a mutually acceptable agreement.
Whether the conflict is a tenant-landlord dispute or an uncontested divorce, as long as both parties are willing to work through all the issues, mediation may be the quickest and least expensive method of resolution. By bringing in an impartial third party, each side has an opportunity to express the problem as they see it and present their “bottom line”--what they will give in order to receive a workable solution to a dispute.
“However, for the system to work,” Skalnik said, “both disputants have to first agree to mediation.”
TAKE STEPS TO RESOLVE THE PROBLEM YOURSELF
Problems often can be easily resolved through effective communication and by following proper complaint procedures. To start your own mediation process, try following these steps:
Identify the specific problem. What exactly is the complaint? The dry cleaner left a spot on a new shirt? The landlord refuses to return the unused portion of a cleaning deposit?
Collect evidence. Put together a folder of data that support your claim. Include sales receipts, deposit slips, signed agreements or damaged goods.
Decide what action would best resolve the problem for you. Would you like the defective product replaced? A full refund of the deposit? Know what you want before confronting the other party, and make sure that request is reasonable. The starting point to negotiations should be a building block, not a dead end.
Identify resources. Find out if there are laws relating to your situation (such as the “Lemon Law” that protects automobile buyers). Begin research at a public library. Other resources might include witnesses, experts and appraisals.
Pursue the complaint immediately. Don’t put off complaining. Contact the clerk who sold the goods. If that doesn’t work, complain to the manager. Be persistent. Keep going up the corporate ladder until someone will sit down with you and resolve the problem.
Listen carefully. Set emotions aside and listen to any offers to resolve the situation. Is the offer reasonable and acceptable? The dispute may take longer to resolve if you cannot calmly take in the situation.
Be willing to compromise. A compromise is in order when you are partially at fault, or when you find yourself in a take-it-or-leave-it situation.
USING A PROFESSIONAL MEDIATOR
If your resolution efforts have failed, or if the complaint seems too big to handle, professional mediators are available to help resolve the dispute.
Generally, three methods are used by mediators.
Mediation: disputing parties meet face to face with a neutral third party. The parties agree upon a workable solution to the problem.
Arbitration: at a hearing each party offers witnesses and evidence. The disputants agree to abide by the decision reached by the arbitrator.
Conciliation: a neutral person meets with each disputant independently, in essence being the voice of each party, relaying their positions to each other until a compromise is met.
If you find yourself needing the help of a mediator, try contacting one of the following not-for-profit Orange County associations. These agencies offer services that are either free or low-cost.
1. Christian Conciliation Services of Orange County
3855 E. La Palma Ave., Suite 125, Anaheim
(714) 630-2622
2. Dispute Resolution Center of Orange County
146 North Grand St., Orange
(714) 633-4956
3. Dispute Resolution Center of Orange County
17200 Jamboree Road, Suite N, Irvine
(714) 633-4956
4. The Mediation Center
2402 Michelson, Suite 232, Irvine
(714) 250-0230
--APRIL JACKSON
Source: Various dispute resolution services and the California Department of Consumer Affairs