Conflict Resolution

Advanced Problem-Solving Strategies

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My rabbi’s Rosh Hashanah sermon this year concerned the important topic of healing the widening rifts in the Jewish community, which have broken out especially over the nuclear weapons deal with Iran. The problem he was talking about is not so much that there is disagreement about the advisability of this deal. Considering how troublesome and untrustworthy an adversary Iran has been, one would expect strong disagreements among supporters of Israel about how we should deal with that adversary. Such disagreements wouldn’t be a particularly new thing among members of the Jewish community. As the rabbi pointed out, ferocious conflicts among factions of the Jewish community have existed from the time Joseph fought with his brothers, and on and on […]

In my last post on the topic of how we initiate conflict resolution, I talked about how lawyers frame disputes in a way that may leave out some of the most important concerns of the parties. But the blame for turning a multi-faceted conflict into a contest over legal issues does not lie solely with narrow-minded or selfish lawyers. The parties also bear some responsibility for viewing their dispute in that way. Most new or potential clients walk into a lawyer’s office looking for vindication. They want to talk about the merits right away. They want to know which side is right, and which side is at fault. Since most clients are pre-disposed to believe they are in the right, […]

Who would have thought that the new movie, Straight Outta Compton, in addition to its great story and great music, would also contain some great lessons about negotiation? The main lesson being about the dangers of creating a partnership deal that is not fair to all of the participants. According to the movie’s version of events, the leader of the group NWA, Eazy-E, and the manager Jerry Heller, presented the other members with a deal giving them a much smaller share of the profits than Eazy-E was taking. Followers of the school of aggressive negotiation can justify this hard bargain because it was originally Eazy-E’s company and he put up the money to get the band’s first record made, and […]

When we meet someone for the first time, we immediately start forming impressions of them. It takes a lot to change that perception, even if they turn out to be quite different from the way we initially perceived them. Similarly with conflict. The way in which a controversy is framed does much to affect the way parties subsequently see the dispute. Bombet When a prospective client brings their problem to a lawyer, the lawyer is trained to sift through the client’s story and pick out all of the potential legal claims. Much of the client’s story is irrelevant to the lawyer, even though it may be important to the client. The lawyer then frames the story as an accusation that […]