Conflict Resolution

Advanced Problem-Solving Strategies

Read The Latest Post

The city of Detroit emerged from bankruptcy yesterday, a process that was successful because of something the participants labeled the “Grand Bargain.” The Grand Bargain is a complicated plan, but its key feature involves the transfer of the city’s extremely valuable art collection to a charitable trust, in exchange for about $800 million in new financing provided by the state and private parties. It sounds like a clever solution to a difficult problem. What jumped out at me from this morning’s LA Times article, was this comment from bankruptcy professor Laura Bartell describing how the parties managed to hammer out the deal: “When everyone realized the situation, there wasn’t a lot to argue about.” Really? Nothing to argue about? From what I […]

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 […]

“Terrorists” is probably too strong a word for the subject of this post, but what else do you call people who threaten to do something incredibly destructive if they do not get their way? I’ll use as an example the Republican leaders like Senator Mitch McConnell who are taking advantage of the fact that the government is at the limit of its borrowing capacity as a lever to try to get their way in ongoing budget negotiations. These leaders know that allowing the United States to default on its obligations would not only raise interest rates, which would cost all of us many billions of dollars, but would send such shock waves around the world that we would potentially cause […]