Conflict Resolution

Advanced Problem-Solving Strategies

Read The Latest Post

Don Philbin, a Texas mediator, has developed some amazing software that allows parties and mediators to make the whole negotiation process more rational and predictable. The software is now available at http://ww1.pictureitsettled.com. I’ve heard Don talk about his techniques before, and have borrowed some of his ideas in a few mediations by making crude graphs embodying part of his methods. Basically what you do is ask the attorneys to rank the probabilities of various possible trial outcomes, from the chances of a defense verdict, to some intermediate levels of recovery, to a home run for the plaintiff. Then you can connect the dots by drawing two curves representing each party’s best assessment of the likelihood of a range of possible […]

The grand unwelcome budget-cutting experiment in which California courts are currently engaged may result in the undoing of reforms courts have developed over the past several decades to better manage their caseloads. Ideas that both the federal and state systems now consider best practices, such as the individual calendar system and closer judicial involvement in pre-trial proceedings, are in danger of being thrown out. Case in point: the LA County Superior Court, the largest local court system in the country, is seeking to jettison case management conferences, one of the main tools the court has at its disposal to check in with the parties early in the case and help steer cases to resolution. The court is also planning a […]

I find myself charged with an unexpected project, trying to figure out how to deal with the probable demise of one of the largest court-assisted ADR programs in the country. At the same time, the court system is also implementing drastic funding cutbacks that are likely to increase backlogs and reduce the availability of court services, suggesting that mediation is needed more than ever to resolve disputes that the court system is less and less capable of resolving. The elimination of funding for the LA County Superior Court ADR program, expected to take place by June of this year, combined with these other cutbacks, presents a unique opportunity for other organizations–such as the Southern California Mediation Association, of which I […]

Piers Morgan’s interview earlier this week with radio host Alex Jones has gotten lots of attention, due to Jones’s seemingly-unprovoked fiery outbursts and threatening manner. Morgan probably accomplished what he wanted to accomplish by having Jones on the show. He exposed the raving right wing conspiracy theories behind at least some Americans’ attachment to guns, and probably scared a lot of people already sympathetic to gun control. At the same time, however, Morgan probably didn’t convince a lot of people who might be sympathetic to Jones’s views, and he didn’t even begin to engage in a constructive dialogue about responses to the problem of gun violence that we might get most people to agree on. Was that Morgan’s fault? He […]

Yesterday, Congress managed to pass legislation avoiding some of the potential negative effects of the so-called “fiscal cliff.” Most political analysts are trying to figure out whether this negotiated outcome is a victory for Democrats or Republicans. That is the wrong question to ask. The right question is whether the deal is better for each side than the alternative of failing to make a deal. Since the public, as well as the stock market, would have looked very unfavorably on the failure to make a deal, the agreement is clearly a win for both sides. Whether one side or the other gave up more of their original positions to achieve the deal probably reflects the relative bargaining strength of each […]