Conflict Resolution

Advanced Problem-Solving Strategies

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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 […]

It’s not enough to suggest that in resolving disputes, we ought to encourage the use of mediation or negotiation or some other techniques that are preferable to a long, drawn-out lawsuit. Litigants often are not comfortable enough with ADR to resort to it as a first method. Mediation for example has developed a reputation as something parties should not normally resort to until the case has been litigated for a time, to provide the parties enough information to make mediation effective, and to give them enough experience with litigation that they will be motivated to want to avoid more of it. But litigation is such an expensive and destructive process that it seems a shame to require parties to suffer […]

In my sometimes over-simplified way of looking at negotiated agreements, I have argued that the most useful way to evaluate a potential deal is to compare it to alternatives that are actually available. Do not compare it to the deal that you think your side is entitled to, but instead compare it to whatever is likely to happen if you don’t make a deal. When nations are considering entering into peace treaties or trade agreements, for example, it’s generally not helpful to evaluate their benefits by comparing them to the best agreement your side might want. Instead look at whether the deal on the table is a better alternative than not making any deal at all. The same with settlements of […]

I had a chance at the SXSW Interactive Conference this week, to attend an introductory session on how the principles of the martial art of Aikido can be applied to resolving workplace and other conflicts. The presenters used the symbols of sword, shield and withdrawal to illustrate three basic ways of initiating or responding to conflict. For example, someone pushing toward your center can be met with a counter-thrust, or a block, or by running away. When we practiced learning how to recognize these attacks and responses, it almost felt like a game of rock-paper-scissors. Our choices might be dictated by our own instinctive approaches to conflict, or by our perceptions of what would work best against our opponent. Aikido […]