Conflict Resolution

Advanced Problem-Solving Strategies

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If somebody were to ask me (actually somebody did ask me) about the future of conflict resolution, my answer would have to include technology. Technology is already enabling us to do things that would have been unimaginable only, say, 20 years ago. We now carry devices in our pockets that enable access to virtually any available information. I can tap my cellphone to pinpoint my location on an interactive map and find out instantly how long it will take me to get anywhere by any available mode of transportation; I receive updates on appointments or plane schedules without even asking for them; and I can instantly communicate, via Twitter, or Linkedin or Facebook, or any number of other means, with […]

Everyone is talking about President Obama’s little dig at his opponents when he reminded them of his two election victories. But the part of the State of the Union speech that should get mediators excited is the following: “So the question for those of us here tonight is how we, all of us, can better reflect America’s hopes. I’ve served in Congress with many of you. I know many of you well. There are a lot of good people here, on both sides of the aisle. And many of you have told me that this isn’t what you signed up for – arguing past each other on cable shows, the constant fundraising, always looking over your shoulder at how the […]

The new movie Selma depicts the events that led to passage of the Voting Rights Act in 1965. There has been some controversy about the historical accuracy of parts of this movie, but I don’t have much patience with those kinds of criticisms. Selma is not a documentary, even though it is based on historical events and does use some documentary footage in one part. Therefore, filmmakers are entitled to whatever artistic license they feel they need for the sake of heightening the drama. The point of the movie, which it succeeds at brilliantly, is demonstrating the power of a social movement to create change. In the process, the movie also puts Martin Luther King, Jr. front and center so that we […]

In an exchange of letters published in the most recent issue of the New York Review of Books, commenting on an article last month about reforming the plea bargaining process by Federal District Judge Jed Rakoff in New York, Judge Rakoff defends his proposal to get judges more involved in plea bargaining by comparing it to the way mediation is offered to civil litigants in the same court. Here is how he describes mediation as he sees it being practiced: [C]ivil litigants regularly meet with magistrate judges or court-appointed mediators shortly after a case is filed and, in separate, confidential presentations to the mediator, describe their respective evidence and positions. The mediator then meets again with the parties separately and, […]