Conflict Resolution

Advanced Problem-Solving Strategies

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When I was in high school, I had a chance to see the Amazing Kreskin perform his “mind reading” and similar feats in the school gym before a large audience. One of Kreskin’s signature stunts is to ask the event organizers to hide his check anywhere in the room where he is performing. If he fails to find it, which apparently hardly ever happens, he forfeits his fee. I still remember watching Kreskin run up and down the risers supposedly drawn by the mental waves he was feeling, until he inevitably found what he was looking for. I can’t say for sure how he does it, but it seems likely that in addition to any psychic emanations he might have […]

A friend of mine, Hoyt Hilsman, runs a program called the Intentional Conversation, sponsored by Marymount College. I finally had a chance to participate in my first one of these events this week. The design of the  program is deceptively simple. You enter a large space with a lot of other people, mingle a bit and get some coffee. Then you are assigned to a table, as if you are attending a wedding or a banquet. That becomes your table for the day, which enables everyone at the table to get to know one another fairly well. Everyone at all of the tables is given the same topic and some questions to stimulate discussion of the topic. So there are […]

Yesterday I had a chance to help train mediators for a California Lawyers for the Arts program that provides  mediation and other ADR services for artists. Calfornia Lawyers for the Arts also runs a well-developed lawyer referral program. What was interesting to me about the group’s ADR program is the separation they try to maintain between legal services and ADR services. They take care to screen new cases to determine whether the client needs legal advice or resolution of a dispute, and they instruct the program’s mediators not to give legal advice during mediation sessions, instead only to suggest to participants that they consult an attorney if they feel they need legal advice. In mediation parlance, it’s a facilitative, rather […]

Yesterday I mediated my last case referred by the Los Angeles Superior Court mediation program (aside from a couple of cases I am still trying to wind up as private mediations). This last case turned out to serve as a good illustration of some of the problems with the LA program. It was a case involving a high dollar amount, making me wonder why the parties chose a randomly-assigned mediator for three free hours. One of the attorneys was determined to insult the mediator, reminding me that I was chosen at random and admonishing me not to speak to her client. Another attorney refused to engage in any substantive discussions about the case until after the other side presented what […]