Conflict Resolution

Advanced Problem-Solving Strategies

Read The Latest Post

To help my kids with a school mock trial project, we’ve been showing them some classic trial movies, such as Inherit the Wind, A Few Good Men, The Verdict, and of course, My Cousin Vinny. These movies not only illustrate some good trial techniques, they also remind us of how much we enjoy watching the drama of trials. Stories such as these depend on conflict and its resolution captured in a trial. Conflict being deemed essential to a good story, it is only natural that the movies generally avoid telling stories of people peacefully resolving their differences. But some of these movies go even further, by depicting settlement as illegitimate or even evil. In A Few Good Men, Tom Cruise […]

As he has done since the beginning of his campaign, Barack Obama likes to talk about a new kind of politics in which people sit at the same table and talk to one another instead of shaking their fists at one another. Here he is this week bragging about bringing together different players in both the energy debate and the health care debate. If these initiatives bear fruit, do they herald a new dominant mode of problem-solving? Does President Obama reject the whole idea of dialectics that has been so influential in political philosophy, in favor of more positively-reinforcing ways of achieving change? Can he really get the political system to work in this new way? The rise of mediation […]

There is a post on Victoria Pynchon’s blog decrying the trend toward immediate separate caucus sessions, and the death of the joint session. This was a hot topic at the annual CLE session for mediators on the Central District settlement officer panel a couple of weeks ago. Victoria makes the point that joint sessions can help resolve a dispute not because they give everyone a chance to practice their arguments on one another and not because they allow people publicly to vent their feeling about the issues, but rather because they give the parties an opportunity, perhaps through the exchange of small talk, to see each other as human beings, and sometimes even to put aside talk of the money […]

Most lawsuits end by settlement. Mediation is increasingly being relied upon as the court’s preferred mode for reaching a settlement. Therefore, instead of being thought of as an adjunct to the “normal” litigation process, mediation needs to be better integrated into the standard procedure for processing lawsuits. Let’s start with the courthouse itself. Since most cases are never going to be resolved by trial or any other sort of courtroom procedure, why do we even call it a courthouse? Why not call it, say, a dispute resolution center? Why start the process by filing a complaint? Would it not make more sense to initiate a dispute resolution proceeding by serving one’s adversary with a paper called something like a “notice […]