Conflict Resolution

Advanced Problem-Solving Strategies

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On March 1, 2013, if Congress does not come its senses, the dreaded sequester is going to take effect. For those who do not follow closely all of the machinations of Congressional budget negotiations, here is a brief recap of how we got here: On August 2, 2011, as a compromise measure to prevent the government from defaulting on its debt obligations, Congress passed the Budget Control Act of 2011. That statute required Congress to agree to certain levels of deficit reduction measures over the next ten years. If they could not agree, a package of automatic spending cuts, half to defense and half to domestic spending, would take effect on January 1, 2013. The important thing to understand about […]

Thanks to the Consumer Attorneys Association of Los Angeles and the Association of Southern California Defense Counsel for putting on an informative program tonight detailing changes about to take place in the LA Superior Courts due to budget cuts. Thanks especially for the plug provided for the Southern California Mediation Association’s program still in development to provide a referral source for mediators. SCMA’s program is intended to make up to some extent for the imminent abandonment of ADR administrative services by the courts. Neither the court nor SCMA are going to be able to make up entirely for the loss of the court’s effective procedures for referring cases to mediation. The court has apparently decided, however, that it can no […]

Jared Diamond’s new book The World Until Yesterday considers what we in modern societies can learn from the few remaining traditional societies. Most of his examples come from New Guinea, where Diamond has spent a lot of time over many years. Diamond doesn’t fall into the trap of romanticizing traditional societies. He reminds us that as horrific as modern warfare can be among “civilized” nations, at least people in the developed world can, for the most part, travel unobstructed almost everywhere without fear of attack by enemies. That is not the case in many tribal cultures, where people live very circumscribed lives, often unable to travel outside their clan’s territory, otherwise they are likely to be killed by members of […]

Assuming the LA Superior Court proceeds with its plan to close its ADR program this spring, the question to ask is not: how will people find mediators? Because mediators are not difficult to find. A web search will turn up hundreds of private mediators in the Southern California region. ADR provider organizations will be only too happy to refer litigants to their panels.  Organizations like SCMA have lists of mediators accessible on their websites. And a number of directories are available in which mediators promote their services. The real question is whether parties and attorneys are going to continue to seek out the services of mediators after the court stops performing the functions of assigning cases to mediators and following […]

The shocking story out of Phoenix this week about a shooting that took place after a mediation session, has understandably made mediators a bit jumpy. The case was the kind of ordinary contract dispute mediators see every day, between a furniture mover/refurbisher and a dissatisfied customer. The amount in dispute might have been less than $20,000.  Reports are that the furniture guy, representing himself, attended the mediation for an hour, and then said he had to get something from his car. What he got was his gun, and then he lay in wait outside the building for the opposing party and his counsel to come out whereupon he shot them both. Google maps photo People naturally wonder. Could this incident […]