Conflict Resolution

Advanced Problem-Solving Strategies

Read The Latest Post

One of the panels I attended at the ABA Section on Dispute Resolution spring conference turned into something of a psychology experiment. The presenters asked the participants to sit around a series of circular tables, and assigned each table a role to play as groups interested in a proposed canal project for a hypothetical harbor. My table was assigned to play several environmental groups opposed to the project for differing reasons, another table represented shipping company owners concerned about the cost, another represented union interests favorable to the project, and another represented government representatives sponsoring the project. We were asked to discuss among ourselves our concerns about the process that was supposed to take into account all of these different […]

According to this report, Syrian President Assad is willing to move forward with peace talks with Israel, and Turkey is available to mediate, but there is “no Israeli partner willing to move forward.” According to the same report, however, as well as this Reuters story in the New York Times, Prime Minister Netanyahu has given assurances that Israel is prepared to resume negotiations unconditionally.  But Israel says it would prefer to negotiate directly with Syria, or use a French mediator, rather than through Turkey, according to the Jerusalem Post. What is going on here? Is this some kind of elaborate courting ritual, where each side is waiting for the other to ask for a dance? Or do the parties mean […]

President Obama yesterday succeeded in getting Israeli Prime Minister Netanyahu and Palestinian President Abbas to meet in the same room in New York. The President said “Simply put, it is past time to stop talking about starting negotiations, and time to move forward.” (quoted in the Los Angeles Times) According to a Netanyahu aide quoted in the New York Times, the meeting was to take place “without preconditions, as the Prime Minister has always wanted.” This is obviously a reference to the Palestinian insistence on a settlement freeze prior to any serious negotiations. But the Israelis have also set preconditions to various meetings in the past, and Israel and the United States still will not negotiate with Hamas unless Hamas […]

Paul Krugman says that President Obama messed up on health care big time at his press conference on Tuesday. Supposedly the President did that by undercutting his eloquent pitch for a so-called “public option” by refusing to state that a public option was a non-negotiable feature of his health care reform proposal. The exact quote is as follows: “We have not drawn lines in the sand other than that reform has to control costs and that it has to provide relief to people who don’t have health insurance or are underinsured.” According to Paul Krugman, President Obama is making a mistake by negotiating with himself, and thereby giving away more than he needs to. Krugman displays a common view of […]

Suppose one of the parties to a negotiation makes what could be seen as a major concession, but attaches a bunch of conditions to it that everyone knows are unacceptable to the other side. This is what Prime Minister Netanyahu’s speech did by for the first time accepting the possibility of a Palestinian state, but conditioning acceptance of such a state on limiting its sovereignty. We have the choice of looking at such an offer as a sham, or as offering a real possibility of a future agreement. Of course the opposition’s initial reaction has been negative, but any mediator’s job ought to be to accentuate the positive. Suddenly we have a concept that both sides now agree upon. Yes, […]