Expert: Timmy Chou - 10/20/2003

Question
Hello
I know this question may not be in your profile but I cant find one that really pertains to my problem.If you would read it i would be thankful.

My problem is I want to write a petition for the occupants that live along a section of a 2 lane state road that runs through a village.
Everone agrees that the speed is too fast on this stretch of road ,even the state police agree but cant do a thing about it really.The state of Mich DOT has been promising to look into this for at least five years and they do absolutly nothing.
My question is the wording of the petition,I am having a hard time trying to figure out the correct way to word it.
everyone will sign it but no one will chip in for an attorney to help with this. So I thought I would take it on myself a bit and maybe I can stir things up a bit with a petition .

Sincerely
Mark Burchard
answerseeker49@hotmail.com

Answer
Thank you for your question!

Mediators act as neutral third parties to disputes and never "get involved" in judging the merits of conflict, but merely use special techniques to assist the parties in solving dilemmas.

I do not believe the specific wording of the petition is critical to your quest.  However, it would be useful to do enough research into the problem to figure out what solutions are really possible.  It would be best to collect signatures about a solution that is practically a reality.  For example, there may be ample precedent for the installation of speed bumps, but changing the speed limit may be only up to DOT by law.  Therefore a petition to install speed bumps would be far more useful.  Of course, a general petition complaining about the speed is not likely to get attention.  Provide solutions if you want the problem addressed and get people to sign a petition that can be implemented.  

These are some ideas.  Feel free to follow up with additional questions.

The pros and cons of the types of dispute resolution methods follows.

GOOD LUCK!

Arbitration, Mediation, and Litigation

Arbitration: the referral of a dispute to one or more impartial persons for final and binding determination outside of the judicial system

Benefits of Arbitration:

    Confidential, no public record
    Limited exchange of documentation, information
    Quick, don't have to wait for a court date
    Arbitrators have expertise in the subject matter and are trained in conflict resolution
    Cheaper than litigation
    Preserves business relationships

Negatives of Arbitration

    It's a compromise, no %100 winner
    Complex arbitration can be costly
    If not satisfied, may litigate the arbitration procedure
    Poor results with an unskilled arbitrator
    Both parties must agree to cooperate in the process

Mediation: the process by which parties submit their dispute to a neutral third party (the mediator) who works with the parties to reach a settlement of their dispute.

Benefits of Mediation:

    Neutral mediator can objectively suggest alternatives not considered before
    Parties are directly engaged in negotiating the settlement
    Can be quicker than litigation
    Less costly than litigation
    Preserves business relationships
    85% of American Arbitration Association cases mediated find successful solutions

Negatives of Mediation

    may not reach a binding decision
    unskilled mediator

Litigation: using the judicial system to resolve disputes

Benefits of litigation:

    a clear winner and loser
    uses a prescribed set of procedures
    more predictable outcomes
    is final

Negatives of Litigation:

    waiting for court dates can do more harm
    usually more expensive than mediation and arbitration
    part of the public record