Conflict Resolution

Advanced Problem-Solving Strategies

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Last week it was revealed that movie producer Harvey Weinstein has a long history of accusations of sexual harassment. His namesake company fired him. In response, Weinstein composed an apology letter, in which he promised to “conquer my demons” and make amends to people he has harmed. At the same time, however, Weinstein threatened to sue the New York Times over the accuracy of the original story reporting his transgressions. Does that action call into question the sincerity of his apology? Does it help or hinder Weinstein’s claimed commitment to resolve this issue? Secretary of State Tillerson revealed recently that the US has various back channels of communication with North Korea, and that we are pursuing negotiations with that country to […]

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 […]

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 […]

Parties in conflict may face a choice among various processes for conflict resolution–litigation, arbitration, mediation, or some other formal or informal process. Attorneys are accustomed to presenting their clients with this array of options, and explaining the pros and cons of each. But the choice of process may turn out to be less important in many cases than the choice of approach to resolving the conflict. Parties choosing litigation, for example, are likely to enter that process with an adversarial mindset, filing every possible motion, and disputing every assertion made by the other side. This is the way many of us–including myself–were trained to litigate. But litigation can also be conducted with a more cooperative attitude, and nowadays courts tend […]

How do we know whether those with whom we are dealing have hostile intentions? How do we establish communication with them? How do we develop trust? The new science fiction movie Arrival addresses these common problems in conflict resolution. Confronted by forces that appear new and dangerous, our human instincts urge us to fight or flight. Those instincts may also lead us to interpret ambiguous gestures in a threatening way. We face these challenges even when we are dealing with people we know who are speaking our language. Imagine being confronted by an alien race that communicates with symbols we have no key to interpret. The movie nicely illustrates the linguistic complexities involved in asking a simple question like, “What is […]