Conflict Resolution

Advanced Problem-Solving Strategies

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Ryan Lizza’s article, “The Obama Memos,” in this week’s New Yorker, contains some inside information explaining how candidate Obama’s promises to usher in a new style of politics, ran into the realities of a Congress that is more partisan than ever before. Commentators like Paul Krugman have jumped on the bandwagon, chiding President Obama for being so naive in thinking he could “transcend partisanship.” Now conventional wisdom seems to suggest that President Obama has abandoned any efforts at bi-partisanship, and is going to come out swinging at Congress and the Republican opposition during this election year. The headline in the LA Times, for example, called this week’s State of the Union speech a “confrontational” address. All of this feeds into […]

When we use a phrase like “alternative dispute resolution,” we are usually referring to alternatives to bringing a lawsuit. Those who practice in the ADR field are often trying to persuade litigants to give up the right to sue, on the ground that the alternatives to court are better, cheaper or faster. Should ADR advocates be concerned when parties are compelled to give up their right to go to court even before a dispute arises? My answer would be yes, because I think arbitration or mediation should be freely chosen by the parties, not forced on them. And also because the word “alternative” loses all meaning if it is the only alternative. The right to jury trial should remain available […]

As anyone who has made it through my four part series of posts on Aeschylus already knows, I’ve spent a little time thinking about the evolution of our legal system from earliest times. One can trace the history of our system of justice from a cycle of revenge killings, to a divinely-inspired system of earthly justice, to the beginnings of a third stage, interest-based approach represented by the growth of alternative dispute resolution. An article in this month’s Atlantic magazine by Cullen Murphy, adapted from his new book on the Inquisition, makes some interesting points about the place of torture in this history, and our continuing connections to the methods developed during the Inquisition. Although we think of torture as […]

Daniel Kahneman’s book Thinking, Fast and Slow concludes with a discussion of the difference between the experiencing self and the remembering self. It seems logical to Kahneman that people should care more about the quality and quantity of time they are spending engaging in pleasant or unpleasant activities, than they care about how they remember these activities. We should want to enjoy our vacations, rather than worry about the pictures we are taking while on vacation. Picture-taking might even diminish the actual experience, but we are willing to sacrifice some of the quality time spent on vacation in order to create memories. The way that an experience ends also strongly affects our perception of it. Someone told Kahneman that their […]