Conflict Resolution

Advanced Problem-Solving Strategies

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Jared Diamond’s new book The World Until Yesterday considers what we in modern societies can learn from the few remaining traditional societies. Most of his examples come from New Guinea, where Diamond has spent a lot of time over many years. Diamond doesn’t fall into the trap of romanticizing traditional societies. He reminds us that as horrific as modern warfare can be among “civilized” nations, at least people in the developed world can, for the most part, travel unobstructed almost everywhere without fear of attack by enemies. That is not the case in many tribal cultures, where people live very circumscribed lives, often unable to travel outside their clan’s territory, otherwise they are likely to be killed by members of […]

Has the rise of ADR affected the way advocates prepare and handle cases, or can we expect attorneys to continue their customary practices of pleadings, motions, discovery and trial preparation, until the day comes when the cases settle in spite of, or as a result of, those efforts? A lot of time and effort is spent on pre-trial activities that are not of much benefit even if a case goes to trial, and are even more wasteful if the case is settled. Is there a way of conducting litigation that might avoid some of that wasteful activity and lead the parties on a more direct route toward a negotiated resolution? I’m not talking about what Professor Marc Galanter described years […]

I had a chance a while back to attemd a training session with Gary Friedman, a mediator in Northern Calilfornia, who is known as one of the foremost practitioners of joint session mediation. In fact, Friedman insists on conducting mediations start to finish with all parties in the same room. He will not even read mediation briefs marked as confidential, and he refuses to hold any information discussed with him during a mediation in confidence with respect to the other parties. If the parties to a mediation run by Friedman want to hold a private caucus, Friedman allows that, but they have to do that without without the mediator present. Since I am also a believer in joint sessions, I […]

The fourth volume of Robert Caro‘s biography of Lyndon Johnson is finally out. Covering the period from about 1958-1964, the years of Johnson’s vice-presidency and transition to the presidency, this book features the legendary feud between Johnson and Bobby Kennedy.  These two men hated each other from the moment they met, when Bobby Kennedy was a staffer for Senator Joe McCarthy, for whom Johnson had no respect. Matters only went downhill from there. This was a bitter rivalry of Shakespearean dimensions, that had immense consequences for our country’s history. I’m not yet halfway through this thick book, but can already report how fascinating it is to read Caro’s reconstruction of the day in the middle of the 1960 Democratic convention […]

Daniel Kahneman’s book Thinking, Fast and Slow concludes with a discussion of the difference between the experiencing self and the remembering self. It seems logical to Kahneman that people should care more about the quality and quantity of time they are spending engaging in pleasant or unpleasant activities, than they care about how they remember these activities. We should want to enjoy our vacations, rather than worry about the pictures we are taking while on vacation. Picture-taking might even diminish the actual experience, but we are willing to sacrifice some of the quality time spent on vacation in order to create memories. The way that an experience ends also strongly affects our perception of it. Someone told Kahneman that their […]