Conflict Resolution

Advanced Problem-Solving Strategies

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Richard Birke, a law professor at Willamette University, gave a talk at the ABA Dispute Resolution conference expressing frustration with the term “Alternative Dispute Resolution.” The term is too limiting to describe the many ways that the skills of negotiation, mediation, and other forms of conflict resolution can be applied in practice. It’s also inaccurate, since “alternative” means of resolving disputes probably comprise the vast majority of resolutions. In the status hierarchy of law schools, the field of ADR has always been treated as something of a stepchild, not considered as prestigious as traditional subjects like Constitutional Law or Contracts. It’s not clear that the study of conflict resolution even belongs in law school, since law comprises only a small […]

love to know Einstein supposedly said that the definition of insanity is doing the same thing over and over again expecting different results. I learned this week that even though research has shown for about 20 years that grief counseling does not work–in fact it increases the stress levels of those being counseled–we  haven’t given up on the practice. In a lecture at the ABA Dispute Resolution Conference, Professor John Medina explained how grief counseling as traditionally practiced, which involves asking the traumatized victims to recount their experiences shortly after the traumatizing event, can cause these victims to enter into a vicious cycle of rumination on the event and their part in it that does not help them recover. In […]

The state of Maryland commissioned a cutting edge research project that has succeeded in measuring the effectiveness of the state’s court-connected ADR program in limited jurisdiction courts. This study attempted to do much more than track settlement rates achieved through the program; the researchers also assessed the satisfaction of participants with the system, comparing the results with control groups of litigants who did not utilize the program. They found that participants who achieved settlement through ADR processes were most satisfied with court than those whose cases were adjudicated by the court. Even more tangibly, those cases were more than 20% less likely to return to court for enforcement or other follow-up action, a finding of considerable cheer to court administrators […]

About halfway through the new movie Woman in Gold–which tells the story of Maria Altmann’s lengthy legal battle to recover the famous Klimt painting of her aunt from the Austrian government–the parties try to resolve the dispute by mediation. At the mediation, Altmann (played by Helen Mirren) offers to allow the Austrians to keep the painting if they will only acknowledge that it was stolen property (looted from her family by the Nazis), and pay some amount in compensation. It was a framework for negotiations that most mediators would jump at, because if the framework were accepted by the other side, the only thing left to negotiate would have been the amount of compensation. But the Austrian representative refuses even to consider […]

President Obama’s statement announcing the framework agreement reached with Iran this week outlined the three options the world has for preventing Iran from acquiring nuclear weapons. First, we can reach a robust and verifiable deal — like this one — and peacefully prevent Iran from obtaining a nuclear weapon. The second option is we can bomb Iran’s nuclear facilities, thereby starting another war in the Middle East, and setting back Iran’s program by a few years — in other words, setting it back by a fraction of the time that this deal will set it back.  Meanwhile we’d ensure that Iran would race ahead to try and build a bomb. Third, we could pull out of negotiations, try to get […]