Conflict Resolution

Advanced Problem-Solving Strategies

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So last night the Dodgers dropped the final game of the NL division series to the Cardinals, who have now blocked the Dodgers two years in a row from attaining their World Series goal. And what I’m reading in today’s paper is about who to blame for the loss. Here is a team that set out to spend whatever it took and do whatever was necessary to get to the championship, and yet they came up short once again. It’s hard not to want to blame somebody in the organization in that situation. If you were willing to do anything to win, and yet you failed to win, there must have been something you did wrong, right? Certainly there is no […]

Reading through some of the twitter comments that started popping up immediately after last night’s unusual World Series game, it wasn’t difficult to figure out which were written by Red Sox fans, and which by Cardinals fans. (For those who missed it, the Cardinals won in the bottom of the ninth when runner Allen Craig was called safe at home, even though he was clearly tagged out, because Craig had tripped over the legs of the Red Sox third baseman after rounding third base.) Obstruction is an obscure and complicated rule in the baseball rule book, but it didn’t take long before hundreds of “experts” started offering their interpretations. Everybody was pulling out the same rule book, but partisans on […]

Oftentimes, all we need to do to resolve a dispute is arrive at an agreed-upon value for the subject of the dispute–whether that is a lawsuit, or a company, or a piece of property. It therefore behooves the parties to come to mediation armed with as much objective information as they can get that would support the value they are seeking. In the case of property, that might be an appraisal. In the case of a lawsuit, that might be legal authority or jury verdict information. I mediated a case recently where the parties were on the verge of signing a deal, based on a shared understanding of an item’s potential value. In reviewing their file before making this commitment, […]

Now that another one of those trials of the century that Los Angeles seems to enjoy about once a decade has concluded (I’m talking about the McCourt divorce trial of course), everyone wants to know who won.  Technically, since the judge has not ruled yet, and still has 90 days to issue a decision, there is no winner yet.  But the real answer is that neither side won, or perhaps that it doesn’t really matter all that much which side prevails on the legal issue before the court: that issue being the meaning and enforceability of a document purporting to grant Frank McCourt sole ownership of the Dodgers. How can I be so cynical as to suggest that it doesn’t […]

For Dodgers fans, this is shaping up to be a trying year, with the team a bit shy of the elements that are needed for post-season success, and with the issue of ownership of the team headed for an epic battle in divorce court.  Meanwhile, the story in the LA Times Saturday was about Frank McCourt adding a star trial lawyer to the team of legal talent he has arrayed against his wife. “It’s like having your best athletes take the field,” said Loyola Law School professor and legal commentator Laurie Levenson. “You’ll see the best fight possible.” I wonder whether they could fill Dodger Stadium with all of the people who would be excited to watch the best fight […]