Conflict Resolution

Advanced Problem-Solving Strategies

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The United States Senate is a good example of a place of endless negotiations, sometimes resulting in agreement and sometimes not.  Updating my post below on the ongoing Senate negotiations over the financial regulation bill, we are still in the process of  finding out what happens when a deadline passes but no agreement is reached.  Majority Leader Harry Reid announced last week a firm date and time (Monday at 5:00 p.m.) for a vote regardless of whether or not the parties had a deal on the text of the proposed bill.  True to his word, he called for a vote, and true to their word, all of the Republican Senators (and one Democrat) voted to deny allowing the bill to […]

While most of us will be free to pursue family and other activities this weekend, it looks like Senators Chris Dodd and Richard Shelby will be spending the weekend trying to hammer out an agreement between Republicans and Democrats on new financial regulation legislation.  That is because Majority Leader Harry Reid set a vote for 5:00 p.m. on Monday on the Dodd bill.  Republicans have threatened to prevent debate on the bill by unanimously voting against cloture.  So by setting the time for a vote, Reid is forcing one of three possible outcomes.  Either a deal is struck and a number of Republican Senators will then allow the bill to come up for a vote.  Or no deal is made […]

Mediation is often thought of as a one-time event in the history of a litigated case; best designed to take place after the parties have done an adequate amount of discovery, have a pretty good idea of how the case might play out at trial, and are sufficiently tired of paying their lawyers’ bills that they are receptive to putting an end to the dispute.  The mediator is then expected in a few hours to unravel a mess that may have taken years to construct, and that oftentimes seems to move further from resolution after months of litigation. What would happen if a mediator were to get involved before the case is generally considered “ready” for mediation?  I had a […]

On Thursday, the California Second District Court of Appeal decided Porter v. Wyner, reversing a ruling that a new trial was required in a dispute between lawyer and client, because the original trial had included testimony about attorney-client communications in the context of a mediation.  This opinion seems to go further than the Cassel case,  in which attorney-client communications outside the presence of the mediator or the opposing party were held unprotected by mediation confidentiality.  The Porter court held that even though attorney-client communications might occur during or as part of the mediation process, they are not considered to have taken place “for the purpose of, in the course of, or pursuant to” the mediation. Evidence Code § 1119. As […]

One of the more interesting courses I took in law school was International Law, which is not a course that everyone takes, because it does not appear to offer much practical value for most lawyers’ careers.  I didn’t see much practical value in it either when I signed up, but found that it got me thinking about the law in a much different way from other law school courses.   What you learn when you study international law is that the system of international law is for the most part not structured as a body of statutes enacted by legislatures, or precedents handed down by judges.  International law is mostly not enforced by police, or by fines, or by prison.  Because […]