Conflict Resolution

Advanced Problem-Solving Strategies

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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 […]

Someone renting the house across the street from us has been blasting loud music very late at night, and I’ve been wondering how to deal with it. The other night when he woke us up at 2 am, I wanted to go knock on his door, but I was afraid that might cause an ugly confrontation. Should I call the cops? Should I leave a note in his mailbox? I participated as a facilitator last night in another of the Days of Dialogue sessions being held around the city this year, on the very timely topic of the future of policing. One of the subjects my table discussed was fear: for example the fear claimed by police officers who have […]

In the highly-charged atmosphere of our current political season, is more fighting really what we need? Senator Elizabeth Warren evidently thinks so. Here is a portion of Senator Warren’s comments on the Rachel Maddow show last night, when Warren explained why she is endorsing Hillary Clinton for President:  Hillary Clinton won . . . because she’s a fighter . . . . And I think this is what we need. . .  As a Democrat, one of the things that frustrates me the most is there are a lot of times we just don’t get in the fight. We ask pretty please if we can have things or we make the argument for why it is the best thing to do, […]

More evidence that the practice of law has changed in fundamental ways: At a panel presentation this week at the SCMA Employment Mediation Institute, Ann Kotlarski, who represents employers and Curt Surls, who represents employees, both agreed that they prefer to resolve employer-employee disputes without litigation if possible. Surls said that he always sends detailed demand letters setting forth the factual background his client has presented, as well as the legal basis for his client’s claims, before filing a complaint. These letters usually do not contain specific monetary demands, but  do include an invitation to mediate the dispute. Kotlarski also initiates attempts at early dispute resolution. She always calls the plaintiff’s attorney as soon as she gets a complaint or […]