Conflict Resolution

Advanced Problem-Solving Strategies

Read The Latest Post

The August issue of the California Bar Journal is devoted to the theme of lawyer as peacemaker. In his introduction, State Bar President Patrick Kelly argues that it is time for lawyers to refocus their efforts from advocacy to more of a problem-solving, peacemaking role. The issue includes a number of articles by prominent ADR practitioners helping to illustrate how lawyers can make this transition. The State Bar President’s recognition that it is time for advocates to work to reduce conflict and solve problems rather than exacerbating conflict and causing problems represents a welcome shift. As Kelly states, to the extent attorneys are able to address the need for problem-solving and peacemaking, that can contribute positively to their ability to […]

Wayne LaPierre owes an apology, or at least an explanation, to Antoinette Tuff, the Georgia school employee who successfully talked down a gunman who entered her elementary school with an assault rifle and some 500 rounds of ammunition. Remember it was NRA spokesman LaPierre who responded to the Newtown shooting by advising us that the only way to stop a bad guy with a gun is to rely on a good guy with a gun. That’s right, he said that more guns is the ONLY way to stop violence. Antoinette Tuff instead showed that engaging in an hour-long empathetic dialogue with a dangerous gunman might be an equally effective way to stop a bad guy with a gun. In fact, […]

In an interview published in the LA Times a couple of weeks ago, the new Los Angeles city attorney Mike Feuer was asked about his approach to a well-publicized case in which the city has been enjoined from removing personal property that homeless people leave on public sidewalks. (The case is currently on appeal.) His response: There are elements of this litigation I see as an opportunity to solve a problem. Litigation is rather a blunt instrument and has yet to get to the underlying issues. The fact that there is litigation means there has been a failure of public policy. It’s important to address homelessness in a nuanced way. I’m committed to striking a balance that enhances conditions for homeless […]

I recently mediated a case pending in federal court, in which we had a productive session that brought the parties a lot closer to resolution. Both sides had agreed that only the main defendant needed to attend the mediation, as the others lived on the other side of the country and had little willingness or ability to contribute anyway. But at the end of the session, there was still a gap to bridge, and defendants’ counsel proposed that he confer with these absent parties to see if they could raise enough additional commitments to close the gap. We left it that counsel would continue settlement discussions between themselves, and call me in if necessary. Both sides left in a positive […]