Conflict Resolution

Advanced Problem-Solving Strategies

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We tell stories to make sense of experience. We need to organize the chaos of events in the form of stories, containing a beginning, a middle and and end. By doing that, events acquire meaning. We tell stories to define who we are. Tomorrow night my family will gather to re-tell the Passover story, a defining story of the Jewish people, as it charts a journey from slavery to the promised land. Every culture defines itself by telling their own stories. We also tell stories as a means of resolving conflict. One thing that trial has in common with mediation is that both forms of dispute resolution provide an opportunity for the parties to the conflict to tell their stories. […]

Critics who accused President Obama of leading an “apology tour” during his early foreign trips might claim some vindication from this week’s presidential visit to Israel, which culminated in a spectacular apology that took place in a trailer at the airport as the president was about to depart for Jordan. But it wasn’t President Obama who was apologizing. The president instead acted as a mediator in brokering a restoration of diplomatic relations between Israel and Turkey. In order for that to occur, it was necessary for Israel to apologize to Turkey for mistakes that occurred during the 2010 Israeli raid on a Turkish ship trying to run the blockade of Gaza. Clearly, both Israel and Turkey will greatly benefit from […]

Empathy is an essential tool in mediation, both for the mediator and hopefully a quality the participants develop as well. Mediators recognize, unless we want to act purely as evaluators (and even then the capacity for empathy is still important), that we need to try to empathize with the needs and feelings of both sides in every case, to build trust and encourage understanding.  But sometimes the actions of parties to a dispute seem so foreign or even repugnant to our own values that we find it difficult to empathize. And when we can’t empathize, we tend to distance ourselves and condemn. Are there limits to the capacity to empathize? Are there actions so beyond the pale of acceptable human behavior that […]

The official word came down yesterday from the LA Superior Court ADR program, in a notice sent to all members of the court’s ADR panels. The entire department is shutting down by the end of June. No more cases will be sent to mediation after this week. All current cases are supposed to be set for hearings by May 10, 2013. It is truly the end of an era for court-related ADR in Los Angeles County. Whatever gripes users and mediators may have had with this program, and I have heard lots of them, the size and scope of this program was still a truly impressive achievement for the court. The ADR department successfully helped resolve thousands of cases every […]