Dispute Resolution; Midterm
Anthony L. Page Jr.
American Military University
MIDTERM BODY 2
Dispute Resolution; Midterm
CLAIM #1; The Government suing any mining companies involved (those that employed miners who were trapped) to re-coup the cost it spent on rescuing the miners and for their aftercare.
1. Companies/Government: What is your goal for resolution through this process? ( This is a necessary question to find the real goals of each side so that I can have a plan to getting to the end result)
2. Government: Are there currently any legal standards that the mining companies or the miners have broken? (This will give me the opportunity to get both sides thinking about the real issues resulting in the accident and bring the focus away from money)
3. Companies: Is there anything you could have done differently to prevent this situation from happening? (This would be another question to find answers and distract from the money issue)
4. Companies: What type of resources do you possess to rescue trapped miners to prevent the government from getting involved? (This question will hopefully get the discussion to finding a way to prevent future government costs)
5. Companies: What portions of the miners’ aftercare does your insurance cover? (If the companies have spent more than the government, hopefully the government will not be so aggressive to re-coup costs)
MIDTERM BODY (CONT.) 3
6. Companies: Can we come to an agreement that the companies will cover the cost of medical care from this day forward (for the victims) to prevent the government from pushing this case to court? (This would be another attempt to resolve the issue and reach resolution for both sides)
7. Companies/Government: What processes have been put into place to prevent this situation from happening again? (The goal of this question would be to get the two sides back to the mindset of finding solutions)
8. Government: If all rules and safety precautions were followed, would you consider dropping the case? (This is really a question that can be asked in several different ways
During different parts of the process to try and get both sides to end the mediation and get to the goal)
9. Companies/Government: Have any investigations been accomplished to find the cause for this accident? What were the findings? (I would ask this to get some common ground for the parties to feel equal)
10. Companies: Have any attempts been made prior to this to reimburse the government for rescue/medical costs? (This is really just to open up dialogue)
CLAIM #2: The miners suing the government for failing to regulate the mining industry sufficiently in order to prevent the destructive actions that led to their trapping.
1. Miners: What is your goal for resolution through this process? ( This is a necessary question to find the real goals of each side so that I can have a plan to getting to the end result)
2. Miners: Was there any mining regulations given to the miners by the mining companies as part of a training program? (This is to establish a grounds for the miners claim)
MIDTERM BODY (CONT.) 4
3. Government: When was the last time a government team inspected this mine? (I would like to know the frequency, if any, that the government has for inspecting the mines)
4. Government: What is actually done to regulate mining in Chile? (I need to establish if there are any mining regulations)
5. Miners: Is there a worker’s union to represent the miners to the mining companies? (Are the miners afforded the opportunity to represent and protect themselves)
6. Government: Are there any programs set to protect the miners from mining companies abusing the miners? (I would like to know if the miners being protected by and from the companies)
7. Miners: What, if any, safety precautions are set for
