Conflict Resolution

Advanced Problem-Solving Strategies

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For those who still think that litigation must always be conducted in an adversarial manner–that litigants must oppose anything suggested by the other side, and bring every dispute before the court for resolution–consider that the courts are telling you otherwise. It’s not just that the courts routinely encourage settlement, and discourage trials; it’s also that they have changed the rules to compel efforts at negotiating rather than seeking judicial resolution of problems that occur during the course of a lawsuit. It’s almost as though the courts don’t believe in the process they are designed for, because they are requiring you to engage in a different process first. Meet and confer requirements have been around for a long time with respect […]

A variation of the Prisoners’ Dilemma problem may be playing out in the Republican primary campaign. Those elements in the party who are still seeking to prevent Trump from becoming the nominee have apparently abandoned their original tactic of attempting to coalesce support around the strongest non-Trump candidate while encouraging weaker candidates to drop out. Instead, the plan of the Never Trump movement is now to encourage all three remaining candidates to remain in the race, but act more cooperatively toward each other so that each can amass the maximum number of delegates in the states in which each is running most strongly, and thereby prevent Trump from gaining a majority in advance of the convention. Thus, Rubio and Cruz […]

A long time ago, when I was fairly new at law practice, I represented a plaintiff in a contentious sexual harassment case against a large company. After a series of pre-trial battles, the defendant’s counsel opened the door to the possibility of settlement, throwing out an insultingly low-ball number. I wasn’t sure how to respond. At that point in my career, I thought I knew how to litigate, but nobody had ever taught me how to negotiate. I had never received any training in negotiation strategy in law school, and very little at my law firm. The subject simply wasn’t taught at the time. So I honestly didn’t know the best number to come back with in order to lead […]

President Obama’s speech to the United Nations this week is worth reading to study the evolution of the president’s foreign policy views in response to new and continuing conflicts around the world. With respect to such crises as Russian aggression toward Ukraine, preventing a nuclear Iran, and the Israeli-Palestinian conflict, the president reiterated his belief in finding cooperative, negotiated solutions: This speaks to a central question of our global age: whether we will solve our problems together, in a spirit of mutual interests and mutual respect, or whether we descend into destructive rivalries of the past. When nations find common ground, not simply based on power, but on principle, then we can make enormous progress. And I stand before you […]

In the first episode of the second season of Orange is the New Black, the series presents a variation on the prisoner’s dilemma problem that is often discussed in mediation programs and texts. Piper and her former girlfriend Alex both have to testify against the drug kingpin they used to work for. Alex persuades Piper to lie and say she had no contact with the guy, otherwise he might take reprisals against them both. After giving her testimony, Piper finds out that Alex in fact told the truth at the trial, leaving Piper exposed to a possible perjury prosecution and an increase in her sentence. In the prisoner’s dilemma scenario, an opportunity to communicate as well as familiarity with the […]