Conflict Resolution

Advanced Problem-Solving Strategies

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A new book by Sephen Goldberg, Jeanne Brett, Beatrice Blohorn-Brenneur and Nancy Rogers presents a concise primer on what participants can expect from the mediation process. Being academics, the authors ground their discussion in theory, starting with an explanation of the differences between conflicts and disputes, as well as an explanation of how disputes can be resolved with reference to power, rights and interests. But the book is much more practical than theoretical, and is fairly free of academic jargon. The heart of it clearly explains the roles of the participants, the mediator, and counsel; through the processes of choosing a mediator, preparing for the mediation, opening the mediation, holding joint sessions and caucuses, reframing the parties’ conceptions, leading the […]

The California Law Revision Commission has issued its draft recommendations for an amendment to the Evidence Code carving out a new exception to mediation confidentiality. This project has been about four years in the making, and was originally spurred by concern over the California Supreme Court’s decision in the Cassel case, which excluded evidence in support of a subsequent malpractice case, of alleged attorney misconduct in inducing their clients to settle a case in mediation. The Commission’s report, which runs to 158 pages, reflects a thorough process, but one that is probably going to be greeted with fear in the mediation community. Many mediators support an “absolute” exclusion of any evidence of statements made by anyone in the course of mediation, […]

I’ve been listening to the cast album from the musical “Hamilton”, in preparation for finally getting to see the show when it comes to LA later this summer. One of the bits of historical information that can be gleaned from this show concerns the rules of dueling, still a fairly common occurence in the early 19th Century. We may think we have progressed far beyond the barbaric practice of dueling, but based on the way dueling is described in this show, it appears to function in much the same way as as our more modern systems of dispute resolution today. The so-called “ten duel commandments” reveal that the whole ritual of dueling actually incorporates a system based on negotiation. In […]

Ryo Oyamada was fatally mowed down by a police car in New York City four years ago. An article in the New York Daily News today reported on the settlement of a family’s suit against the police department for the wrongful death of their son. I was struck by a statement the family is reported to have released explaining their decision to accept the settlement: “Our family feels that there is no way to hold the NYPD accountable through the court system.” It’s sad to hear of a party that feels so defeated by accepting a settlement. I know nothing about this particular case, aside from the scanty details provided in the news article, but it seems unfortunate that the family […]