Conflict Resolution

Advanced Problem-Solving Strategies

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It’s ironic that the president who led us through by most measures our most destructive war had some of the most profound things to say about peace-making. Beginning as a trial lawyer, he recognized that trial work should be approached with the goal of making peace, rather than creating new conflicts. Lincoln figured out how to achieve that goal within the justice system. Then, most significantly, he carried these insights onto a global stage, showing how peace-making skills can be developed and expanded to resolve our most difficult problems. The first quote is one often cited be lawyers and mediators in an effort to persuade clients to think beyond their immediate perceived interests:. Discourage litigation. Persuade your neighbors to compromise […]

“Joint sessions are a waste of time,” said the judge conducting a mediation in which I was representing one of the parties. In that mediation I was asking for a joint session, but the judge still blocked us from doing one because the other side would not agree. I’ll tell you what turned out to be a waste of time: that entire day of mediation in which I was assured that the mediator/judge would get the other side to agree to our side’s last proposal, but could not, leaving us with egg on our faces now that the other side knew our “bottom line” position and would use that as a starting point for the next round of negotiations. What […]

I had a chance to hear William Ury, best-known as co-author of Getting to Yes, speak this weekend at the SCMA fall conference. One of the things he talked about was seeing yourself as your own worst enemy in a negotiation. Or as he put it, listening to yourself as a pre-requisite to being ready to listen to others. Ury gave as an example a meeting he had with Hugo Chavez, when he was president of Venezuela. Ury was brought in to advise the president on dealing with growing conflict within that country, that was threatening to erupt into civil war. But when he presumed to tell the president what he thought was going on in that country, Ury found […]

Last week it was revealed that movie producer Harvey Weinstein has a long history of accusations of sexual harassment. His namesake company fired him. In response, Weinstein composed an apology letter, in which he promised to “conquer my demons” and make amends to people he has harmed. At the same time, however, Weinstein threatened to sue the New York Times over the accuracy of the original story reporting his transgressions. Does that action call into question the sincerity of his apology? Does it help or hinder Weinstein’s claimed commitment to resolve this issue? Secretary of State Tillerson revealed recently that the US has various back channels of communication with North Korea, and that we are pursuing negotiations with that country to […]