Conflict Resolution

Advanced Problem-Solving Strategies

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Empathy is an essential tool in mediation, both for the mediator and hopefully a quality the participants develop as well. Mediators recognize, unless we want to act purely as evaluators (and even then the capacity for empathy is still important), that we need to try to empathize with the needs and feelings of both sides in every case, to build trust and encourage understanding.  But sometimes the actions of parties to a dispute seem so foreign or even repugnant to our own values that we find it difficult to empathize. And when we can’t empathize, we tend to distance ourselves and condemn. Are there limits to the capacity to empathize? Are there actions so beyond the pale of acceptable human behavior that […]

The official word came down yesterday from the LA Superior Court ADR program, in a notice sent to all members of the court’s ADR panels. The entire department is shutting down by the end of June. No more cases will be sent to mediation after this week. All current cases are supposed to be set for hearings by May 10, 2013. It is truly the end of an era for court-related ADR in Los Angeles County. Whatever gripes users and mediators may have had with this program, and I have heard lots of them, the size and scope of this program was still a truly impressive achievement for the court. The ADR department successfully helped resolve thousands of cases every […]

On March 1, 2013, if Congress does not come its senses, the dreaded sequester is going to take effect. For those who do not follow closely all of the machinations of Congressional budget negotiations, here is a brief recap of how we got here: On August 2, 2011, as a compromise measure to prevent the government from defaulting on its debt obligations, Congress passed the Budget Control Act of 2011. That statute required Congress to agree to certain levels of deficit reduction measures over the next ten years. If they could not agree, a package of automatic spending cuts, half to defense and half to domestic spending, would take effect on January 1, 2013. The important thing to understand about […]

Thanks to the Consumer Attorneys Association of Los Angeles and the Association of Southern California Defense Counsel for putting on an informative program tonight detailing changes about to take place in the LA Superior Courts due to budget cuts. Thanks especially for the plug provided for the Southern California Mediation Association’s program still in development to provide a referral source for mediators. SCMA’s program is intended to make up to some extent for the imminent abandonment of ADR administrative services by the courts. Neither the court nor SCMA are going to be able to make up entirely for the loss of the court’s effective procedures for referring cases to mediation. The court has apparently decided, however, that it can no […]