Conflict Resolution

Advanced Problem-Solving Strategies

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Last week we heard the news of the strangely untimely death of mathematician John Nash, whose life story was made famous in the book and film “A Beautiful Mind.” The Nash equilibrium is a concept sometimes touched upon in teaching negotiation theory, and it’s not difficult to understand why we should try to understand it, even if we might have trouble doing the math. What Nash and others taught us that is especially relevant to conflict resolution is that parties involved in conflict will often rationally both choose a sub-optimal outcome for themselves. Therefore they will benefit from learning how to be more cooperative with their adversary. That means Nash’s mathematical theory helps prove the usefulness of mediators or some […]

A long time ago, when I was fairly new at law practice, I represented a plaintiff in a contentious sexual harassment case against a large company. After a series of pre-trial battles, the defendant’s counsel opened the door to the possibility of settlement, throwing out an insultingly low-ball number. I wasn’t sure how to respond. At that point in my career, I thought I knew how to litigate, but nobody had ever taught me how to negotiate. I had never received any training in negotiation strategy in law school, and very little at my law firm. The subject simply wasn’t taught at the time. So I honestly didn’t know the best number to come back with in order to lead […]

I was interviewed recently by California mediator Doug Noll, on topics ranging from the business of mediation, to the decline in joint sessions, mediation confidentiality, and mediator certification. I also had a chance to trot out some of my pet theories about how to reform our justice system in general, and how mediation training is helpful in every walk of life, not just in training to become a mediator. The audio broadcast can be found here.