Conflict Resolution

Advanced Problem-Solving Strategies

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In the budget negotiations going on in Congress, once again we see the president assuming the role of mediator. Republican leaders in particular, while remaining adamant that they will not compromise on their position of keeping tax increases off the table, have lately almost been begging for the president’s intervention to break the impasse. The Republican leaders sound to me like some of the lawyers I sometimes see representing an intransigent side in settlement negotiations. They know they have to make a deal, but they or their clients have boxed themselves into an untenable position. They need the mediator to “force” them to make a deal. Today President Obama gave a statement to the press seeming to ride to the […]

Regardless of our individual political leanings, advocates of mediation should be concerned by the bruising midterm campaign season that has just ended, and by the prospect of gridlock and increased partisanship in the next session of Congress.  In mediator’s terms, we are facing the likelihood of impasse.  Conservative Democrats and moderate Republicans have been drummed out of both parties, leaving the more doctrinaire members dominant.  Newly energized Republicans have already announced that they have no appetite for compromise.  And Democrats have already started attributing the diminished enthusiasm of their base to the administration’s willingness to make concessions to the opposition.  It will take all of the president’s mediator-like skills to make progress in this situation.  Alternatively, he may abandon those […]

As everyone knows, the US Senate is currently in the midst of negotiations, mostly among the 60 members of the Democratic caucus, aimed at producing a consensus health insurance reform bill that can pass the Senate. Without being privy to any inside information, I can only speculate as to what is really going on behind closed doors in these negotiations. But I did find interesting this week’s reports that the Democratic Senators had apparently reached a compromise agreement that would have jettisoned the so-called “public option” but included a provision to allow people over 55 to buy into Medicare. This latest new idea now seems dead, but the bill may be back on track, and the majority of Senators remain […]

It seems appropriate to follow up on my earlier post about the factors that create impasse (as applied to California budget negotiations), with a post on what finally broke the impasse. In other words, why did the Democrats cave in to the Republican demand that taxes not be increased? Some political analysts attribute that result to the Democrats simply being more “wimpy” than the Republicans. Because Democrats seem perpetually less organized and more prone to infighting, because they seem to have more difficulty getting a coherent message across, or because they just lack backbone, the thinking goes, they are always getting rolled. I’m sure there is something to this kind of personality analysis of the parties, but I’m not sure […]

Often parties to a negotiation will make a certain amount of progress, then get stalled. Each side may have made what they feel are reasonable compromises in their positions, but have arrived at a point that is still distant from the other side’s position. Mediators use various techniques to bridge this gap, which may be as simple as calling a break, or may require getting the parties to consider a mediator’s proposal. I see it as a process of getting both sides to cross a line they did not want to cross before the mediation, and often the way to make them do that is to make them understand that the other side is making a similar leap of faith. […]