Conflict Resolution

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This week Congress appears poised to succeed in passing a budget, a feat many were not sure was possible in these partisan times. Budget negotiations were a subject I took a strange interest in during the Obama years, when all the talk was of whether the president was able to make his promise of post-partisanship work. President Obama was alternately criticized in budget negotiations for being too conciliatory toward the opposition, or too unwilling to work with Congressional Republicans, while Republicans were alternately criticized for being too obstructionist, or too unwilling to stand up for their principles. Whatever the merits of these conflicting criticisms, many political prices were paid during those years, but the government somehow managed to muddle through […]

There is a measure on the March ballot in Los Angeles, Measure S, that would among other things force a two year moratorium on most new big real estate development projects in the city. I’m not going to discuss here the merits of this proposal, even though I have definite opinions on the topic. I’m only going to address how our political and legal processes frame decisions. In this case, instead of allowing a healthy public debate over the scale, density and location of new apartment construction, in which we could consider a range of ideas, and perhaps reach solutions that serve a number of competing interests, this ballot initiative now forces use to choose only whether we are for […]

In the highly-charged atmosphere of our current political season, is more fighting really what we need? Senator Elizabeth Warren evidently thinks so. Here is a portion of Senator Warren’s comments on the Rachel Maddow show last night, when Warren explained why she is endorsing Hillary Clinton for President:  Hillary Clinton won . . . because she’s a fighter . . . . And I think this is what we need. . .  As a Democrat, one of the things that frustrates me the most is there are a lot of times we just don’t get in the fight. We ask pretty please if we can have things or we make the argument for why it is the best thing to do, […]

Next time somebody tells you they don’t want to give an inch to the other side in a negotiation or litigation, it might help to suggest to them that they might want to be more practical than our Congress. You probably don’t risk having an argument if your friend or client happens to be from the opposite political party as you. The one thing that most Americans seem able to agree on, no matter what their political persuasion, is that they hate Congress. In the latest example of Congress’s ineptitude, we saw this week the spectacle of Senate Democrats deciding to change the rules of that body by a simple majority vote in the middle of a session, something that […]

Sometimes as an attorney representing a party in negotiations you might have an unreasonable client, who refuses to give any ground to the other side on a particular point, somehow failing to understand that it is impossible to make a deal without conceding something to your opponent. Sometimes you have an unreasonable adversary, who seems uninterested in making a deal except on their own terms. And sometimes you have both. That seems to describe the position of President Obama in current budget negotiations. The president is facing outrage from his fair weather supporters on the left for suggesting that he is open to changing benefit formulas for Social Security as part of a budget deal with Congressional Republicans. The concept […]