This paper examines appropriate dispute resolution (ADR) strategies through the lens of a neighbor parking dispute between the Wilson and Green families. Drawing on American Bar Association guidelines and Carrell and Heavrin's negotiation framework, the paper reviews the major ADR processes—arbitration, mediation, case evaluation, and facilitation—and argues that mediation is the most suitable approach for this type of non-violent neighborhood conflict. It further explores hybrid processes such as Med-Arb and Arb-Med, explaining how each functions and what advantages each offers. The role and responsibilities of the mediator are also addressed, with practical guidance for steering parties toward a mutually acceptable resolution without imposing a decision.
Disputes can cause serious stress and even violence if they are not handled in a thorough and professional manner. When the dispute is between neighbors, the stakes are always high because neighborhood peace and cooperation are vital to healthy, happy daily living. This paper examines appropriate dispute resolution (ADR)—when it is needed, how it can help the Wilson family resolve their parking dispute, how it is administered, what the mediator needs to do, and what forms of ADR are available when a serious dispute arises.
Before examining the specific case involving the Wilson and Green families, a brief review of ADR processes is appropriate. The American Bar Association publishes in-depth articles on many aspects of law, including solutions to problems that are technically legal in nature but can be implemented by lay people before any serious legal action or litigation becomes necessary. In the guide What You Need to Know about Dispute Resolution, the ABA points to dispute resolution as a way to resolve family, neighborhood, business, housing, employment, personal injury, and environmental disputes while avoiding "traditional legal" processes (ABA, 2006). In fact, when neighbors participate peacefully and thoughtfully in a dispute resolution process, they have "more control" over the outcome than if they had hired lawyers and gone to court, the ABA asserts.
There are many different types of dispute resolution processes. The most viable and practical include the following:
a) Arbitration — both parties make their case; there are no binding federal or state rules; in "binding arbitration," the arbitrator has the authority to make a final decision.
b) Case evaluation — an advisor evaluates the "strengths and weaknesses of their respective positions" and makes a judgment as to how the case might play out in court; the parties may use this analysis to help reach a resolution.
c) Mediation — a neutral third party is brought in to discuss the problem with both parties; the mediator does not have the power to enforce a decision, but can help the parties avoid litigation.
d) Facilitation — a trained individual helps two parties or groups "define and analyze issues" and reach consensus on the best possible outcome (ABA).
The ABA also mentions additional resolution processes: "early neutral evaluation," "family group conference," "pro tem trial," "ombuds," "summary jury trial," "special master," and "private judging" (ABA).
The dialogue presented with this case suggests there may be an impasse because the conversation is turning into an argument. When Mr. Green says "I need to talk to my wife and our lawyer," that is a threatening statement that sounds confrontational rather than cooperative or conciliatory—even though the Green family is in the wrong. The reader knows only what is presented, but the exchange certainly appears to be heading toward a more serious confrontation. The timing of Mr. Wilson's phone call to Mr. Green on a holiday may have added somewhat to the emerging tension. There may also be tension on the Wilson family's side because they clearly got along well with their previous neighbors, the Vroomans, and valued that friendship. The fact that both the Vroomans and the Wilsons had teenage drivers—and yet never experienced a situation where the driveway was blocked—likely adds to their frustration with the current situation.
A reader might initially wonder why the Green family cannot simply instruct their teenage drivers as to where to park so as not to inconvenience their neighbors. This is common sense and common courtesy. Notwithstanding adolescents' tendency to not see the big picture, it should not be difficult for the Green family to demonstrate some neighborliness by cooperating with the Wilsons. The issue may stem from poor parenting, but the Wilsons are not asking the Greens to attend counseling—they simply want to be able to enter and exit their driveway as they always have. After all, the Wilson family has lived at their present residence for thirty years.
"Arguing mediation as best fit for this dispute"
"Med-Arb and Arb-Med hybrid process explanations"
There are a number of fair and sensible solutions to disputes such as the one involving the Greens and Wilsons, and it behooves neighbors—and others who cannot reach a resolution on their own—to utilize the strategies presented in this paper. In this case, it would be unreasonable to expect the Wilsons to pay a portion of the cost of widening the driveway when: a) they are living on social security and finances are tight; and b) the Greens have a clear responsibility to the neighborhood to prevent their adolescent drivers from blocking neighbors' driveways.
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