Conflict Resolution

Advanced Problem-Solving Strategies

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A hot topic in the litigation field during these bad economic times is how to reduce litigation costs. Numerous articles and discussions have appeared about alternative billing or staffing arrangements that can save clients money, presumably by reducing the amount of time spent on activities that do not advance cases toward trial. I agree that billing by the hour sometimes creates perverse incentives for attorneys, just as it does in any profession that bills by the hour or by the procedure. I also agree that over-staffing and engaging in unnecessary work drives up legal bills. But I also think that discussions about litigating more efficiently sometimes miss the larger point. The best way to reduce litigation costs is not to […]

I posted comments on my litigation blog on a report issued this spring by the American College of Trial Lawyers Task Force on Discovery and the Institute for the Advancement of the American Legal System, which recommends a number of reforms of the Federal Rules of Civil Procedure, chiefly concerning limitations on discovery. This same report gives but a passing nod to alternative dispute resolution. (pp.21-22) The trial lawyers who produced this report are willing to consider what they themselves describe as “radical” changes to the discovery rules, as well as numerous other reforms. Yet, while they recognize the value of mediation, their support for it is lukewarm at best. Although the report recommends that courts raise the possibility of […]

It seems appropriate to follow up on my earlier post about the factors that create impasse (as applied to California budget negotiations), with a post on what finally broke the impasse. In other words, why did the Democrats cave in to the Republican demand that taxes not be increased? Some political analysts attribute that result to the Democrats simply being more “wimpy” than the Republicans. Because Democrats seem perpetually less organized and more prone to infighting, because they seem to have more difficulty getting a coherent message across, or because they just lack backbone, the thinking goes, they are always getting rolled. I’m sure there is something to this kind of personality analysis of the parties, but I’m not sure […]

Once again we see the nation’s mediator-in-chief at work in the White House, bringing together the two adversaries in a nasty little conflict, not necessarily to resolve the conflict, and definitely not to determine who was right and who was wrong, but simply to begin a dialogue and raise legitimate issues. I did a post on this today on my political blog, where I initially expressed annoyance that the Gates-Crowley incident was distracting our attention from the important policy issues that the nation needs to resolve this year, but then I ultimately decided that a conversation about racial profiling, police procedures, and whether the Gates arrest can be seen as a metaphor for changes happening in our society, might be […]