Conflict Resolution

Advanced Problem-Solving Strategies

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An article in the Harvard Negotiation Program newsletter (summarized here) reflects a common view that mediation and arbitration need to be “sold” more as an alternative to litigation.  In this view, it is seen as a problem that parties to business contracts often do not anticipate the likelihood of conflicts arising in the course of their relationship, and therefore fail to include as often as perhaps they should, clauses providing for alternative dispute resolution in the event of problems.  Because parties fail to anticipate the potential need for ADR, litigation becomes the default alternative when a conflict occurs. This way of looking at a problem–here the problem of choosing a method of resolving disputes–itself reflects a view of the world […]

For Dodgers fans, this is shaping up to be a trying year, with the team a bit shy of the elements that are needed for post-season success, and with the issue of ownership of the team headed for an epic battle in divorce court.  Meanwhile, the story in the LA Times Saturday was about Frank McCourt adding a star trial lawyer to the team of legal talent he has arrayed against his wife. “It’s like having your best athletes take the field,” said Loyola Law School professor and legal commentator Laurie Levenson. “You’ll see the best fight possible.” I wonder whether they could fill Dodger Stadium with all of the people who would be excited to watch the best fight […]

One of the things that mediators sometimes do is to try to get parties to think about lawsuits as a series of probabilistic outcomes, i.e., what are the chances the case will get dismissed before trial, that the plaintiff will prevail before a jury, that there will be an appeal, that the defendant will file bankruptcy, etc.  Parties often need to make a conceptual leap before they can even begin thinking about their dispute in those terms, however.  A lawsuit does not start out as a game of chance.  It starts out as a story in which one or both  parties injured or betrayed the other, and both parties seek vindication and compensation for their respective grievances.  Clients approach a […]