Conflict Resolution

Advanced Problem-Solving Strategies

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I heard a great story tonight from a college professor. Near the beginning of this professor’s course on political philosophy, a student proclaimed that there was no such thing as justice. “I’ve read Nietzsche,” the student said, “and so I know that there is only power. Justice does not exist.” The professor asked the student to give the course a little more time to test his assumptions. “But I’m warning you,” the professor advised. “If you still think the way you do by the end of this semester, you are not going to get a very good grade.” “You can’t do that,” the student said. “Why not?” asked the professor. “Because it’s not fair!” The professor told us how pleased […]

This is eight year old Martin Richard, who has achieved immortality as an international symbol of peace. Martin was killed on Monday for being in the wrong place at the wrong time. His mother also suffered a brain injury and his sister lost her leg, when a bomb exploded near to where the family was standing while they were watching the finish of the Boston Marathon.  

Sometimes as an attorney representing a party in negotiations you might have an unreasonable client, who refuses to give any ground to the other side on a particular point, somehow failing to understand that it is impossible to make a deal without conceding something to your opponent. Sometimes you have an unreasonable adversary, who seems uninterested in making a deal except on their own terms. And sometimes you have both. That seems to describe the position of President Obama in current budget negotiations. The president is facing outrage from his fair weather supporters on the left for suggesting that he is open to changing benefit formulas for Social Security as part of a budget deal with Congressional Republicans. The concept […]

There was talk around the ABA Dispute Resolution Conference this week that the demand for mediation services may be declining. If that’s true, does that mean that mediation is falling out of favor, just as arbitration has somewhat fallen out of favor? Or is it a reflection of the economy and the decline in demand for dispute resolution services in general? Law firms have dramatically shrunk in recent years as clients are less willing to shell out gigantic sums for litigation. If litigation activity is declining, one would expect that fewer parties would use mediation as a stage in the litigation process. I think there is a larger trend going on, one that actually points in the opposite direction. I […]