Conflict Resolution

Advanced Problem-Solving Strategies

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I moderated a panel this morning at the SXSW Interactive conference, on online dispute resolution, an appropriate topic for the techies who attend this event. I couldn’t help mentioning to one of my panelists, Colin Rule, that the last time he had appeared remotely at another conference I attended, we encountered a glitch in the Skype connection which made him unable to hear the questions being posed. So I was glad to have Colin at my side and in person this morning. Coincidentally, a couple of days ago at this conference, the exact same problem was suffered by Julian Assange who, being holed up in the Ecuadorean embassy in London, was only able to appear here by remote hookup. The […]

Say you’re planning an excursion to the beach. Would it make sense to suggest that the best way to get there would be to head in the opposite direction, toward the desert? When your passengers question that route, the only excuse you might have to offer is that after they spend a few hours driving around in the dry heat, they will appreciate eventually getting to the beach even more. But they probably would have arrived at the beach in a better mood if you had taken them on a more direct route. One commonplace saying I’ve heard over the years from litigators is that the best way to get a favorable settlement in a lawsuit is to prepare the […]

One of the plot lines of the new season of House of Cards (I’ll confess I’ve spent a good deal of President’s Day weekend binge-watching it), depicts a trade negotiation between the US and the Chinese that abounds in confusion and double-crossing. On the American side, the negotiator is our anti-hero, the new vice-president Frank Underwood, who repeatedly misrepresents to the President what his Chinese counterpart told him. On the other side, Xander Feng is a shady businessman who might–we are never sure–be speaking for the Chinese government or only for a faction trying to change government policy. Or he might be put away after a corruption trial. While exaggerated, this depiction of international diplomacy has its roots in reality. […]

I’ve heard a number of evangelists of the mediation world, most recently Lee Jay Berman in a talk SCMA sponsored this week in San Diego, talk about the seemingly limitless future of the mediation process. That future seems to depend on the public finally becoming more aware of the possibilities of mediation to resolve not only conflicts that have already worked their way through the court system, but also conflicts that have never even made it to court, or that might be unsuitable for court. But right now the public still seems only vaguely aware of mediation’s possibilities. People might have heard of resolving a divorce or other civil dispute out of court, but might still think that mediation is […]