Conflict Resolution

Advanced Problem-Solving Strategies

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One of the plot lines of the new season of House of Cards (I’ll confess I’ve spent a good deal of President’s Day weekend binge-watching it), depicts a trade negotiation between the US and the Chinese that abounds in confusion and double-crossing. On the American side, the negotiator is our anti-hero, the new vice-president Frank Underwood, who repeatedly misrepresents to the President what his Chinese counterpart told him. On the other side, Xander Feng is a shady businessman who might–we are never sure–be speaking for the Chinese government or only for a faction trying to change government policy. Or he might be put away after a corruption trial. While exaggerated, this depiction of international diplomacy has its roots in reality. […]

I’ve heard a number of evangelists of the mediation world, most recently Lee Jay Berman in a talk SCMA sponsored this week in San Diego, talk about the seemingly limitless future of the mediation process. That future seems to depend on the public finally becoming more aware of the possibilities of mediation to resolve not only conflicts that have already worked their way through the court system, but also conflicts that have never even made it to court, or that might be unsuitable for court. But right now the public still seems only vaguely aware of mediation’s possibilities. People might have heard of resolving a divorce or other civil dispute out of court, but might still think that mediation is […]

At a program I participated in this week (my part is summarized in the two posts below on choosing a mediator), co-sponsored by the Santa Monica Bar Association, one of the panelists, mediator Mark Fingerman, gave an informative presentation on mediation ethics. The problem of assuring that mediations are conducted in a fair and ethical manner is complicated by strict protections for mediation confidentiality that exist in California. While confidentiality is generally agreed to be necessary to the process, prohibitions against introducing evidence of misconduct alleged to have occurred during mediations can potentially give free rein to attorneys–and mediators–to pressure or deceive parties into agreeing to settlements to which they might not have agreed otherwise. In fact, mediation seems in […]