Conflict Resolution

Advanced Problem-Solving Strategies

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The Southern California Mediation Association has announced the schedule for its annual fall conference in scenic Malibu, California on November 7, 2015. This year’s theme is “Conflict Revolution: Mediators as Agents of Social Change.” The website describes the focus of the conference this way: Today, in addition to the role they play helping to resolve legal disputes, mediators regularly serve as educators, executive coaches, facilitators, leadership trainers, ombudsmen, therapists, business consultants, and architects of dispute resolution programs at all levels. In today’s inter-connected world, there are numerous opportunities for mediators to support societal change through peaceful dialogue.  This year’s conference will include workshops on LGBT rights, race relations, urban projects, health care, and corporate governance, in addition to more nuts […]

The reformers who drafted the Federal Rules of Civil Procedure in the 1930’s thought that if we could only get rid of the complexities of ancient pleading practices, and liberalize discovery, cases could be fairly adjudicated on their merits instead of being won or lost on technicalities. Their intent can be gleaned from Rule 1, which provides that the rules “should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding.” To a large extent, the simplified rules we have been living with for so many years must be judged a success, simply because they have stood the test of time. On the other hand, hardly anyone would say that Rule 1 accurately […]

If somebody were to ask me (actually somebody did ask me) about the future of conflict resolution, my answer would have to include technology. Technology is already enabling us to do things that would have been unimaginable only, say, 20 years ago. We now carry devices in our pockets that enable access to virtually any available information. I can tap my cellphone to pinpoint my location on an interactive map and find out instantly how long it will take me to get anywhere by any available mode of transportation; I receive updates on appointments or plane schedules without even asking for them; and I can instantly communicate, via Twitter, or Linkedin or Facebook, or any number of other means, with […]

The new movie Selma depicts the events that led to passage of the Voting Rights Act in 1965. There has been some controversy about the historical accuracy of parts of this movie, but I don’t have much patience with those kinds of criticisms. Selma is not a documentary, even though it is based on historical events and does use some documentary footage in one part. Therefore, filmmakers are entitled to whatever artistic license they feel they need for the sake of heightening the drama. The point of the movie, which it succeeds at brilliantly, is demonstrating the power of a social movement to create change. In the process, the movie also puts Martin Luther King, Jr. front and center so that we […]

Even in the course of the most hard-fought lawsuits, opportunities may arise for the parties to decide to stop fighting for a moment, and try to work out some problem or another together. Parties are encouraged to resolve discovery disputes cooperatively, for example, instead of fighting over every document request and deposition notice. Parties are also encouraged to resolve entire disputes through mediation rather than battling it out in court. To do that, we need to change the atmosphere from one of mutually assured destruction to one of cooperation. How do we do that? Think about changing the atmosphere in politics, a field of endless, irresolvable conflict and argument. In 2008, candidate Obama talked a lot about transforming political conflict, in a way that sounded familiar […]