Conflict Resolution

Advanced Problem-Solving Strategies

Read The Latest Post

A new book by Sephen Goldberg, Jeanne Brett, Beatrice Blohorn-Brenneur and Nancy Rogers presents a concise primer on what participants can expect from the mediation process. Being academics, the authors ground their discussion in theory, starting with an explanation of the differences between conflicts and disputes, as well as an explanation of how disputes can be resolved with reference to power, rights and interests. But the book is much more practical than theoretical, and is fairly free of academic jargon. The heart of it clearly explains the roles of the participants, the mediator, and counsel; through the processes of choosing a mediator, preparing for the mediation, opening the mediation, holding joint sessions and caucuses, reframing the parties’ conceptions, leading the […]

I’ve been listening to the cast album from the musical “Hamilton”, in preparation for finally getting to see the show when it comes to LA later this summer. One of the bits of historical information that can be gleaned from this show concerns the rules of dueling, still a fairly common occurence in the early 19th Century. We may think we have progressed far beyond the barbaric practice of dueling, but based on the way dueling is described in this show, it appears to function in much the same way as as our more modern systems of dispute resolution today. The so-called “ten duel commandments” reveal that the whole ritual of dueling actually incorporates a system based on negotiation. In […]

In the second Guardians of the Galaxy movie, there is a character named Mantis who has the power to sense the emotional state of anyone she touches. She can’t read their thoughts, but she can read their feelings. The other characters are amazed, and sometimes embarrassed, that Mantis can sense what they are secretly feeling. The character shows that it is often more important to understand emotions than rational thoughts. The power to read the emotional state of others is important in conflict resolution, maybe more important than understanding what people think the conflict is about. Emotions rule over logic most of the time, and identifying those emotions can help establish connections that enable parties to resolve conflict. What the […]

It’s not enough to suggest that in resolving disputes, we ought to encourage the use of mediation or negotiation or some other techniques that are preferable to a long, drawn-out lawsuit. Litigants often are not comfortable enough with ADR to resort to it as a first method. Mediation for example has developed a reputation as something parties should not normally resort to until the case has been litigated for a time, to provide the parties enough information to make mediation effective, and to give them enough experience with litigation that they will be motivated to want to avoid more of it. But litigation is such an expensive and destructive process that it seems a shame to require parties to suffer […]

I had a chance at the SXSW Interactive Conference this week, to attend an introductory session on how the principles of the martial art of Aikido can be applied to resolving workplace and other conflicts. The presenters used the symbols of sword, shield and withdrawal to illustrate three basic ways of initiating or responding to conflict. For example, someone pushing toward your center can be met with a counter-thrust, or a block, or by running away. When we practiced learning how to recognize these attacks and responses, it almost felt like a game of rock-paper-scissors. Our choices might be dictated by our own instinctive approaches to conflict, or by our perceptions of what would work best against our opponent. Aikido […]