Conflict Resolution

Advanced Problem-Solving Strategies

Read The Latest Post

In the first episode of the second season of Orange is the New Black, the series presents a variation on the prisoner’s dilemma problem that is often discussed in mediation programs and texts. Piper and her former girlfriend Alex both have to testify against the drug kingpin they used to work for. Alex persuades Piper to lie and say she had no contact with the guy, otherwise he might take reprisals against them both. After giving her testimony, Piper finds out that Alex in fact told the truth at the trial, leaving Piper exposed to a possible perjury prosecution and an increase in her sentence. In the prisoner’s dilemma scenario, an opportunity to communicate as well as familiarity with the […]

The California State Bar Standing Committee on Professional Responsibility and Conduct has issued a proposed opinion attempting to draw the line between unethical misrepresentations during negotiations, and permissible “puffing.” Using this distinction, false statements about, as examples, the existence of favorable witnesses, or about the amount of a party’s earnings, or about policy limits, would all fall on the unethical side of the line, and would subject an attorney making them to potential discipline. On the other hand, false statements about a party’s “bottom line” of settlement authority, or about a party’s willingness to litigate or its plans to file bankruptcy, would be considered mere “puffing,” basically the kinds of lies that parties expect the other side to tell during […]

This week, by passing a new budget agreement through the House (still waiting on the Senate), Congress finally seems to be learning how to get back to business. To do that requires managing truly unresolveable conflicts, instead of allowing those conflicts to gum up the works completely. Positions on both sides have hardened to the point where Republicans will not accept even a penny of tax increases, and Democrats will not accept cuts to entitlement programs. That means the usual split-the-difference approaches no longer work. Meanwhile discretionary spending has already been cut more than both sides feel comfortable with. Support for restoring defense cuts in particular cuts across party lines. So how do you craft a budget agreement in this […]

During the 1980’s, when South Africa was in the news all the time, when the divestment movement was in full swing on college campuses and countries around the world were imposing sanctions, when South Africa was being ripped apart by repression and terrible violence, I remember thinking that South Africa served in some ways as a microcosm of the whole world. In that country a small minority of European ancestry was imposing its will on the majority African population, consuming most of the wealth for itself, and adhering to the fiction that the majority population could be confined to a few artificial “homelands.” It was an unsustainable system, but the leaders of South Africa seemed unwilling to yield. I remember […]

I’ve finally been catching up on the first season of the TV series House of Cards. The hero, House Majority Whip Frank Underwood, played by Kevin Spacey, is a ruthless and cynical politician interested in obtaining power and using it. He repeatedly gets the better of his adversaries by his willingness to resort to lies and tricks, implying that such unscrupulousness is necessary to get ahead in politics, and that those who are unwilling to resort to underhanded tactics are going to be left behind. It’s a popular view of negotiation in general, that successful negotiators need to use trickery and deception to get the better of their adversaries on the other side of the table. The trouble is that […]