Conflict Resolution

Advanced Problem-Solving Strategies

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The new Cold War thriller Bridge of Spies, based on the true story of the prisoner exchange for captured U2 pilot Francis Gary Powers, shows an attorney living up to the highest standards of advocacy as well as negotiating ability. The movie’s lawyer-hero, James Donovan (played by Tom Hanks) is first seen as a typical insurance company lawyer making clever legal arguments about whether an accident involving five motorcyclists should be considered a single “incident.” Even when doing that, however, Donovan is able to impress by tying those arguments to a higher purpose. When Donovan is asked to defend accused Russian spy Rudolf Abel, he takes his ethical responsibilities, and his devotion to the Constitution and to his client’s interests, […]

An ongoing contentious conflict in Los Angeles, that affects every resident, is the conflict between automobile drivers and other users of the city’s public spaces. This city, which has been designed in deference to the automobile since the 1920’s, is facing new challenges from pedestrian, bicycle and public transit advocates seeking to reclaim a larger share of the city streets. Surprisingly, and without much public attention, this car-centric city has already adopted a new policy giving substantial ground to these advocates. By a 12-2 vote, the City Council recently adopted what is called the Mobility Plan 2035, which calls, among other things, for putting many city streets on a “road diet” to allow more room for bicycle lanes and sidewalks. A few […]

Tunisia, where the Arab Spring started, is also the first country to emerge from its revolution with a genuine commitment to democracy and the rule of law. This outcome may be attributable in large part to the work of the National Dialogue Quartet, a group composed of four organizations: the General Labor Union; the Tunisian Confederation of Industry, Trade and Handicrafts; the Tunisian Human Rights League; and the Tunisian Order of Lawyers. When Tunisia appeared in danger of falling into civil war, these organizations banded together and persuaded the Islamist and other parties to agree to a framework for negotiations that would lead to a more legitimate and pluralistic government. The quartet’s work illustrates two techniques favored by mediators: (1) acceptance […]

I have had the opportunity recently to act as a facilitatator at a couple of the Days of Dialogue events taking place in Los Angeles this year. Taking a contentious topic–the future of policing–that has been debated around the nation in a confrontational fashion, this program demonstrates another way the issue can be addressed. The program brings together police officers, community leaders, students, and other interested and affected residents of the city to sit around small tables exchanging ideas and experiences related to how policing is and should be conducted. The organizers of these dialogues have promoted them as a starting point for action and change. And it’s certainly legitimate to view the process of listening and trying to understand […]

I recently succumbed to the need to upgrade my main law office website, jcmarkowitz.com, to make it look more professional and up-to-date. My law office site was one I created myself more than 10 years ago using the Blogger platform. About 6 years ago, I created this mediation site myself using Blogger. I still have a lot of affection for Blogger, which has a number of advantages going for it. Blogger is free. It is easy to set up and use. Editing posts, and even changing the layout and the template, is simple and intuitive. And the platform is more versatile than people give it credit for, allowing for some fairly sophisticated possibilities. On the other hand, Google doesn’t seem […]