Conflict Resolution

Advanced Problem-Solving Strategies

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Someone posted a question on an online forum about a divorce agreement reached after two days of mediation. The questioner’s ex-wife wanted to set the agreement aside because some stock options assigned to the husband in the settlement agreement had subsequently skyrocketed in value. The husband was looking for some ammunition that would allow him to retain the full value of these assets. (Almost the exact same situation can be found in the recent California Court of Appeal case of Lappe v. Lappe, No. B255704 (2d Dist. Dec. 19, 2014). In that case, the wife was seeking discovery of financial statements provided by the husband during the mediation, for the purpose of attempting to set aside the mediated property settlement […]

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 […]

On March 1, 2013, if Congress does not come its senses, the dreaded sequester is going to take effect. For those who do not follow closely all of the machinations of Congressional budget negotiations, here is a brief recap of how we got here: On August 2, 2011, as a compromise measure to prevent the government from defaulting on its debt obligations, Congress passed the Budget Control Act of 2011. That statute required Congress to agree to certain levels of deficit reduction measures over the next ten years. If they could not agree, a package of automatic spending cuts, half to defense and half to domestic spending, would take effect on January 1, 2013. The important thing to understand about […]

Lots of mediators have talked about the power of an apology to assist in resolving disputes, and in allowing people to get along with one another. (examples here, here, here, and here)  An apology can serve the highest purposes of mediation, in permitting reconciliation and allowing people to get beyond the dispute.  From a more cynical point of view, an apology can also save a wrongdoer money, as long as the apology is not used as an admission of liability.  Therefore, no one involved in a dispute should be too quick to dismiss the possible effectiveness of an apology.  To be effective, however, an apology should be sincere, it should be coupled with some concrete action, and it must be […]

While most of us will be free to pursue family and other activities this weekend, it looks like Senators Chris Dodd and Richard Shelby will be spending the weekend trying to hammer out an agreement between Republicans and Democrats on new financial regulation legislation.  That is because Majority Leader Harry Reid set a vote for 5:00 p.m. on Monday on the Dodd bill.  Republicans have threatened to prevent debate on the bill by unanimously voting against cloture.  So by setting the time for a vote, Reid is forcing one of three possible outcomes.  Either a deal is struck and a number of Republican Senators will then allow the bill to come up for a vote.  Or no deal is made […]