Conflict Resolution

Advanced Problem-Solving Strategies

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I’ve been working on a case lately with a corporate lawyer, and we’ve been trading war stories about various negotiations in which we have participated. Most of the deals that this corporate attorney negotiates are deals for buying or selling properties or companies, but he has also been involved in some negotiations to settle lawsuits. He can’t believe the difference. He is astounded that a plaintiff might start off a settlement negotiation in a litigated case by demanding, say, $2 million, while the defendant offers $25,000 for the same case. He can’t believe that litigators make such off the wall opening bids, and are thereby forced, if they want to settle, to make tremendous concessions from their opening numbers. To […]

Joshua Goldstein has an article in Foreign Policy (and apparently a book coming out on this topic) in which he proves that, as President Obama announced in June, and contrary to popular belief, the tide of war in fact is receding, and has been for some time. Compared even to the 1990’s, we are seeing about half the number of deaths worldwide from war. The U.S. has substantially reduced troop levels in places like Korea and Europe, and when withdrawals from Iraq and Afghanistan are finally complete, will have fewer troops abroad than at any time since the 1930’s. There are far fewer civilian casualties from war than in decades past. Some intractable conflicts (e.g., Northern Ireland, Bosnia, Kashmir) have […]

I received a mediation brief a few weeks ago from the plaintiffs’ side in a contractual dispute. The brief contained a detailed description of the parties’ agreement, a recitation of the elements of each one of the various causes of action in the complaint, a calculation of the damages due under the contract, including precise interest calculations, and an explanation of why attorneys’ fees were recoverable. It also attached the relevant contractual documents as exhibits. Sounds like as much as any mediator could wish for, right? What else would I possibly want to know about the plaintiff’s position? It turned out, however, when I saw the defendant’s brief, that nothing in the plaintiff’s brief was seriously contested. The real problem […]

A cartoon in the New Yorker a couple of months ago showed a family lost in the jungle. The father, scratching his chin, is saying, “OK, I admit it, we’re lost. But the important thing is to remain focused on whose fault it is.” I’m thinking of getting a framed copy to hang in my caucus room. Frequently the task in a mediation is to get the parties away from focusing on recriminations and blame for how they got themselves into their situation, and toward focusing on possible solutions to their conflict. It might be helpful for people to look at this picture, which enables us to see how obviously ridiculous it is for a family lost in the jungle […]