Reflective Journal on Dispute Management: Erin Brockovich

This reflective journal discusses the dispute management in the movie Erin Brockovich. It covers ethical issues, emotional attachments, cognitive elements, and behavioral nature in handling disputes. The movie is a great learning experience for dispute resolution.

Reflective Journal on dispute management: Erin
Brockovich1
Reflective Journal on dispute management: Erin Brockovich
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Reflective Journal on dispute management: Erin Brockovich 2
A dispute is reflected as a state when there is an unconditional discordancy among parties. Those
parties will then operate towards having an optimum fulfilment of their welfares. The movie
"Eric Brockovich”, is centred on a true story, which fascinates me when I first watched. The film
explains the account of Erin Brockovich who is struggling as a single parent. She then joins Ed
Masry's law company due to the ill-fated car accident and starts working at the firm because of
desperation to earn something. Being a clerk, she expends time filling documents, and actually,
she becomes concerned in the human form of the health cases and convinces Ed Masry to permit
her to study cases further1.
Erin devotes several hours assessing the circumstances and finds a link between the corporation
by name Pacific Gas and Electric (PG&E) and Hinkley community. The movie continues to
display to audiences many families in the Hinkley communal who had multiple medical
complications, from miscarriages, headaches to gastrointestinal cancer. Even though Erin does
not possess a law degree, she is talented of uncovering numerous details of these cases through
her discussion with the affected relatives, and thus this film is concentrated on the standpoint of
law firm and affiliates of the Hinkley public2.
This movie depicts the business world in a very bad limelight’s as it applies PG&E as the
keystone of the disagreement. From the case, we study PG&E is apparently at mistake, which
1 Cory Baker, ‘Hinkley Groundwater Contamination – How Pacific Gas & Electric
Avoided Negotiation: A Reassessment of the changing Scope of Historical Mass Tort Cases’
(2016 Student Writing Competition Third Place Prizewinning Entry, California Supreme Court
Historical Society, 2016) 15 < https://www.cschs.org/wp-content/uploads/2014/03/2016-
Writing-Competition3-Baker.pdf>.
2 ‘Groundwater Contamination with Chromium-6 in Hinkley, California, Environmental
Justice Atlas (Web Page) https://ejatlas.org/conflict/hinkley-groundwater-contamination

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permits us to comprehend some moral subjects when solving the disputes. There are many
examples that stand out in my notion as dangerous to the business realm. To begin, when the
company learns that a law firm is scrutinising its application of hexavalent chromium, a
representative from the PG&E is sent to the law firm to try to end the search. In addition, the
representative gives cash to the family, who had been affected by their deprived wellbeing and
their young daughter Annabell, is fighting cancer that is alleged to be connected to PG&E. The
representative offers $250,000 for the Jensen's household, but asserts totally no blame for any
health situations and would not pay any medicinal costs. This representative is observed to be
cold-blooded individuals who is not taking responsibilities for the harm his business have caused
the families such as Jensen’s in the Hinkley community. Also, an employee of the company calls
the family of Erin and threatens the safety of her and his kids3.
In the film, the fundamental aspects of dispute resolution are much evident. First, are the aspects
of ethical issues when resolving dispute. Second, emotional attachments of each party involved.
The cognitive elements show up in the movies where it touches on the beliefs and perceptions of
each part. Finally, the behavioural nature in handling some disputes by both parties is well
elaborated. On the behavioural natural, both sides have the same aspects in resolving the
differences in which is to negotiate and settle down the matter. But, the company representative
approach style some of the family members is quite awful. The company’s employee goes ahead
to issue a threating message to the Erin’s family. The company direct some of the witnesses to
recant some of the evidence, but victims go ahead to give Erin evidence which makes the case
much strong.
3 ‘Groundwater Contamination with Chromium-6 in Hinkley, California, Environmental
Justice Atlas (Web Page) https://ejatlas.org/conflict/hinkley-groundwater-contamination

Reflective Journal on dispute management: Erin Brockovich 4
On the cognitive aspect, the company believes that people of Hinkley deserves $20,000,000 as
the compensation of the Hexavalent chromium epidemics differently. Conversely, the
community thinks that the amount does not surpass the harm the company has caused them on
health viewpoint. Critically analysing on the above case scenario, it is evident that conflict arises
on the resource given. They are disputing on amount of resource plaintiffs ought to have.
Emotionally, the company feels that the fine is too high and not justified. On the other hand,
there is a feeling of loss for the Jensen when Donna had her uterus and breast removed4.
Behaviorally, both parties seem that initially, they have the same behaviour in resolving the
dispute, which is to negotiate and settle. However, due to the vast difference in the other two
aspects of litigation, this middle ground may have vanished, causing each party to pursue a more
coercive route in Dispute resolution5.
From the film, it is clear each party had its ways in the bargaining context. From the film, it
appears that PG&E shows a positional tactic in how they concentrate on what they desire from
the results of the case. However, the community of Hinkley illustrates interest tactics where they
aim to reach outcomes that can reimburse their medical cost and fund the illness of having
deadly ailments6.
4 ‘Hexavalent Chromium’, United States Department of Labour (Web Page)
<https://www.osha.gov/SLTC/hexavalentchromium>
5 Rachael Field, James Duffy and Anna Huggins, Lawyering and Positive Professional
Identities (Lexis Nexis, 2014) 351.
6 Roger Fisher, William Ury and Bruce Patton, Getting to Yes: Negotiating Agreement
Without Giving In (Penguin Books, 2nd ed, 1992).

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Fortunately, the community of Hinkley seeking justices may sound more like a good deal.
However, the main concern is the time frame of court proceedings for the community to get
rewarded for their damages. It is worth noting that the court justice structure is designed with
consideration of public opinion of the United States citizens, therefore, causing some cases to go
at a slow pace7.
On the other hand, for the PG&E going to court might seem not a good idea. The reason for this
is because; their position in the litigation had just been knocked down by the renunciation of
their demurrers. The company should not consider the loss of resources in the process of
compensating its victims but also bad reputation the cases might bring to the company. If they
continue to pursue litigation and lose, damages are not the only thing they will have to give8.
The company ends up losing the most massive direct-action complaint in American account.
They should have resolved this matter by initially eradicating the hexavalent chromium from
their process and confessing the offense. This corporation should have been done everything to
avert the health complication. The company should also have compensated anyone affected by
the hexavalent chromium at the very initial stage.
Finally, the movie is a great learning experience as it shows various aspects in the dispute
resolution. I understand it is tough to act against your enterprise. By concentrating on how the
family was affected by the company’s unethical doing, the film was resourceful in showing how
7 Francis H. Monek, ‘Court Delay: Some Causes and Remedies’ (1982 Annual
Convention, 1982) < https://www.iatl.net/files/public/82_court_i4a.pdf>.
8 Rachael Field and Laurence Boulle, Australian Dispute Resolution: Law and Practice
(Lexis Nexis,2017) 172-173.

Reflective Journal on dispute management: Erin Brockovich 6
the effects can be if they are not appropriately treated. If I ever faced with such a situation, I
know this experience will offer an excellent knowledge for me to learn on and eventually take
the right precaution in dispute resolutions. In the school of law, the capability to investigate and
process the fact can push one’s study experience in a significant margin.
Bibliography
Cory Baker, ‘Hinkley Groundwater Contamination – How Pacific Gas & Electric Avoided
Negotiation: A Reassessment of the changing Scope of Historical Mass Tort Cases’ (2016
Student Writing Competition Third Place Prizewinning Entry, California Supreme Court
Historical Society, 2016) 15 < https://www.cschs.org/wp-content/uploads/2014/03/2016-
Writing-Competition3-Baker.pdf>.
Francis H. Monek, ‘Court Delay: Some Causes and Remedies’ (1982 Annual Convention, 1982)
< https://www.iatl.net/files/public/82_court_i4a.pdf>.

Reflective Journal on dispute management: Erin Brockovich 7
‘Groundwater Contamination with Chromium-6 in Hinkley, California, Environmental Justice
Atlas (Web Page) https://ejatlas.org/conflict/hinkley-groundwater-contamination
‘Hexavalent Chromium’, United States Department of Labour (Web Page)
<https://www.osha.gov/SLTC/hexavalentchromium>
Roger Fisher, William Ury and Bruce Patton, Getting to Yes: Negotiating Agreement Without
Giving In (Penguin Books, 2nd ed, 1992).
Rachael Field, James Duffy and Anna Huggins, Lawyering and Positive Professional Identities
(Lexis Nexis, 2014) 351.
Rachael Field and Laurence Boulle, Australian Dispute Resolution: Law and Practice (Lexis
Nexis,2017) 172-173.