Conflict Resolution

Advanced Problem-Solving Strategies

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At a CLE program I attended last week put on by the LA Superior Court and hosted by Pepperdine Law School, two of the panelists, Max Factor and Peter Robinson, got into something of a debate about how to handle an ethical situation. The topic concerned the mediator’s responsibilities when the mediator learns that one party to a mediation has slipped a potential land mine into a proposed agreement. Suppose the party inserting such a provision admits their deceitful intent and specifically instructs the mediator not to tell the other side of the land mine’s existence. Is the mediator bound to keep that information confidential? Perhaps, but to avoid being a party to a potential fraud, the mediator can at […]

Even if there hadn’t been a movie making this whole story famous, those of us concerned with the law and mediation might still follow the saga of the lawsuit between Mark Zuckerberg and the Winklevosses with interest.  Yesterday the twins were dealt a setback in their efforts to overturn a settlement they claim was fraudulently induced. Here is the Ninth Circuit opinion’s description of that settlement agreement: Affter a day of negotiations, ConnectU, Facebook and the Winklevosses signed a handwritten, one-and-a-third page “Term Sheet & Settlement Agreement” (the Settlement Agreement). The Winklevosses agreed to give up ConnectU in exchange for cash and a piece of Facebook. The parties stipulated that the Settlement Agreement was “confidential,” “binding” and “may be submitted […]

Let’s say you’re the mediator and the plaintiff’s attorney makes an initial demand of $20 million in response to which the defendant offers $2.5 million. You turn to the plaintiff and ask how he feels about settling his claims, and he walks out of the conference room, saying “Whatever all of you decide is ok with me.”  What do you do? This was the situation in the second episode of the new series Fairly Legal, which involved the mediation of a civil suit by an exonerated prisoner who was wrongfully imprisoned for more than 20 years. Most mediators in that situation would take the plaintiff at his word, especially since he has an attorney to represent his interests, try to […]

To help my kids with a school mock trial project, we’ve been showing them some classic trial movies, such as Inherit the Wind, A Few Good Men, The Verdict, and of course, My Cousin Vinny. These movies not only illustrate some good trial techniques, they also remind us of how much we enjoy watching the drama of trials. Stories such as these depend on conflict and its resolution captured in a trial. Conflict being deemed essential to a good story, it is only natural that the movies generally avoid telling stories of people peacefully resolving their differences. But some of these movies go even further, by depicting settlement as illegitimate or even evil. In A Few Good Men, Tom Cruise […]