Conflict Resolution

Advanced Problem-Solving Strategies

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Senator George Mitchell, the architect of the Northern Ireland peace agreements, spoke at the SCMA Conference the Saturday just before the election. Not knowing or making any assumptions about who would win, Senator Mitchell addressed what we, and the next president, need to do next to help bring us together and solve some urgent problems. He stressed the importance of listening to opposing views, and working together to find consensus on policy issues. Our political system is supposed to encourage that kind of cooperation because our system of separation of powers, unlike a parliamentary system, rarely puts one party in total control of the government. So what tends to result when the two parties fail to cooperate is political gridlock. […]

Dorit Cypis put together an interesting workshop at the SCMA conference this past weekend, in which participants explored the power of forming small groups to engage in dialogue. This format has been used successfully in a number of contexts to allow different points of view in a community to be expressed and understood. (See my post below on the Days of Dialogue programs on the future of policing.) It works because the participants in these groups learn to see one another as human beings They feel safe in telling their stories and expressing their feelings because they are taught to listen respectfully when other members of the group do the same. The topic in our small groups at this conference was […]

On Sunday voters in Colombia surprisingly rejected a peace agreement that took the parties years to negotiate. The agreement would have ended more than 50 years of a civil war  that has pitted the government against the rebel FARC army. This setback for the cause of peace comes the same week that Israel buried Shimon Peres, one of the country’s great peacemakers, the same month when a hard-won ceasefire in Syria seems to have collapsed, the same year that the United Kingdom voted to pull out of the EU treaty that has helped keep the peace in Europe for a generation, and the same year that has seen the growth around the world of nationalist movements, and of fears of […]

For those who still think that litigation must always be conducted in an adversarial manner–that litigants must oppose anything suggested by the other side, and bring every dispute before the court for resolution–consider that the courts are telling you otherwise. It’s not just that the courts routinely encourage settlement, and discourage trials; it’s also that they have changed the rules to compel efforts at negotiating rather than seeking judicial resolution of problems that occur during the course of a lawsuit. It’s almost as though the courts don’t believe in the process they are designed for, because they are requiring you to engage in a different process first. Meet and confer requirements have been around for a long time with respect […]