Conflict Resolution

Advanced Problem-Solving Strategies

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Ryo Oyamada was fatally mowed down by a police car in New York City four years ago. An article in the New York Daily News today reported on the settlement of a family’s suit against the police department for the wrongful death of their son. I was struck by a statement the family is reported to have released explaining their decision to accept the settlement: “Our family feels that there is no way to hold the NYPD accountable through the court system.” It’s sad to hear of a party that feels so defeated by accepting a settlement. I know nothing about this particular case, aside from the scanty details provided in the news article, but it seems unfortunate that the family […]

In the second Guardians of the Galaxy movie, there is a character named Mantis who has the power to sense the emotional state of anyone she touches. She can’t read their thoughts, but she can read their feelings. The other characters are amazed, and sometimes embarrassed, that Mantis can sense what they are secretly feeling. The character shows that it is often more important to understand emotions than rational thoughts. The power to read the emotional state of others is important in conflict resolution, maybe more important than understanding what people think the conflict is about. Emotions rule over logic most of the time, and identifying those emotions can help establish connections that enable parties to resolve conflict. What the […]

This week Congress appears poised to succeed in passing a budget, a feat many were not sure was possible in these partisan times. Budget negotiations were a subject I took a strange interest in during the Obama years, when all the talk was of whether the president was able to make his promise of post-partisanship work. President Obama was alternately criticized in budget negotiations for being too conciliatory toward the opposition, or too unwilling to work with Congressional Republicans, while Republicans were alternately criticized for being too obstructionist, or too unwilling to stand up for their principles. Whatever the merits of these conflicting criticisms, many political prices were paid during those years, but the government somehow managed to muddle through […]

At the ABA Dispute Resolution Conference, I had a chance to hear a panel of experts from around the world talk about different ways of viewing the mediator’s role in helping achieve a just result for parties using the process. In China, which has a couple of thousands of years of experience using variants of mediation, the mediator’s role in this regard is viewed very differently from the west, where the practice is of relatively recent vintage. There, mediators have the power, even the duty, to make sure that the result accords with legal norms, and can even prescribe a different outcome from one the parties express. In countries such as the UK, Australia, and the US, on the other […]