Conflict Resolution

Advanced Problem-Solving Strategies

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Piers Morgan’s interview earlier this week with radio host Alex Jones has gotten lots of attention, due to Jones’s seemingly-unprovoked fiery outbursts and threatening manner. Morgan probably accomplished what he wanted to accomplish by having Jones on the show. He exposed the raving right wing conspiracy theories behind at least some Americans’ attachment to guns, and probably scared a lot of people already sympathetic to gun control. At the same time, however, Morgan probably didn’t convince a lot of people who might be sympathetic to Jones’s views, and he didn’t even begin to engage in a constructive dialogue about responses to the problem of gun violence that we might get most people to agree on. Was that Morgan’s fault? He […]

As the nation embarks on a debate about how to reduce gun violence, it might be a good idea to set some ground rules. First rule: it’s useless to frame this issue in terms of constitutional rights. The meaning of the Second Amendment is a legal question that is determined by the Supreme Court. Arguing about the meaning of the Second Amendment is not going to get us anywhere, unless somebody’s argument is going to influence the Supreme Court. Anyway, liberals just look foolish and hypocritical advocating a strict textual, originalist interpretation of the Second Amendment. They don’t apply that standard when they claim that abortion and sodomy are constitutionally-protected activities. Why read another part of the Bill of Rights […]

I heard an amazing interview on the The World radio program today, with a young American Army commander, Captain Michael Kolton,  who decided to reach out and forge a relationship with one of the Taliban commanders that his unit was fighting in Afghanistan. (transcript here) Captain Kolton made a deal with his Taliban counterpart, a man known as Massoud. Kolton told Massoud that as long as he called every week, the Americans would not hunt him down. Massoud made sure to call every week, and the two men continued to meet and get to know each other. Pretty soon, Massoud was giving Kolton the best intelligence he had ever received, and both found they had more to talk about than […]

Anyone who has still been following budget negotiations in Congress has no doubt noticed that they have reached another interesting stage.  Recall that last summer Congress struck a deal in which Republicans agreed to go along with raising the debt ceiling, in exchange for appointing a super committee to come up with additional debt reduction measures. The deal was that if the super-committee could not agree on such measures, then automatic spending cuts, that were designed to be unpalatable to both sides, would take effect. Well, of course in November the super-committee failed to agree (because Democrats insisted that revenue enhancements be part of the mix, and Republicans refused to consider that), and now Congress is faced with the prospect […]

I received a mediation brief a few weeks ago from the plaintiffs’ side in a contractual dispute. The brief contained a detailed description of the parties’ agreement, a recitation of the elements of each one of the various causes of action in the complaint, a calculation of the damages due under the contract, including precise interest calculations, and an explanation of why attorneys’ fees were recoverable. It also attached the relevant contractual documents as exhibits. Sounds like as much as any mediator could wish for, right? What else would I possibly want to know about the plaintiff’s position? It turned out, however, when I saw the defendant’s brief, that nothing in the plaintiff’s brief was seriously contested. The real problem […]