There are many different ways to resolve legal conflict. Mediation and arbitration both involve a third-party neutral, but operate very differently. Explain the difference between mediation and arbitration. Give one detailed example of a conflict that might be better resolved through mediation; give one detailed example of a conflict that might be better resolved through arbitration. Give details in each of these examples to demonstrate your knowledge of the differences between the two processes, and where one might be better than the other for a particular conflict.

Four Questions to answer:
1. There are many different ways to resolve legal conflict. Mediation and arbitration both involve a third-party neutral, but operate very differently. Explain the difference between mediation and arbitration. Give one detailed example of a conflict that might be better resolved through mediation; give one detailed example of a conflict that might be better resolved through arbitration. Give details in each of these examples to demonstrate your knowledge of the differences between the two processes, and where one might be better than the other for a particular conflict.

2. There are ways ways of resolving conflict that are fundamentally private, meaning they do not involve the state or federal government. We have also discussed litigation, which is inherently public. What types of cases do you believe are best suited for litigation? What benefits (and drawbacks) come from a system of public adjudication?

3. Based on former President Donald Trump from the perspective of negotiation theory. Based on general articles about his approach to legal, policy, and political conflicts, how would you characterize President Trumps negotiation style? In what ways does his style differ, or remain consistent with, the dominant negotiation approach advocated by scholars like Roger Fisher? What strengths or weaknesses do you perceive in the Presidents approach to negotiation?

Note Fisher Approach:
– Focus on the problem not on the people.
– Focus on interests instead of positions.
– Use objectives criteria negotiation is formed by facts.
– To generate options. Brainstorming.
– BATNA best alternative to a negotiated agreement.

4. Based on the separation of powers created by the U.S. Constitution. What does the separation of powers mean in practice? What are the advantages and disadvantages to separating governmental power, as opposed to concentrating it? Be sure to discuss the role of each branch of government in your response.

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