Conflict Resolution

Advanced Problem-Solving Strategies

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Yesterday, President Trump had a contentious call with Prime Minister Turnbull of Australia, in which he questioned a deal made by the Obama administration for the United States to accept a number of refugees currently held in detention by Australia, indicating we might not honor it. Other government officials spent the day trying to smooth over the disruptive and aggressive conduct of our new president. What is ironic is that Australia has long had a much tougher and more racist immigration policy than the US. We detain people claiming refugee status until their cases are determined, but Australia refuses to allow even people who have been deemed refugees to set foot on the mainland, so they remain in deplorable conditions […]

When you look at the literature on negotiating, you tend to find (at least) two schools of thought. One, exemplified by Fisher and Ury’s Getting to Yes and its progeny, is a “win-win” approach that emphasizes communication and exploration of parties’ underlying interests. The other is more of a “win-lose” philosophy that emphasizes getting the upper hand in negotiations and gaining profits for one side at the expense of the other. Some have labeled these as “soft” or “hard” approaches to negotiation. Before trying to evaluate which approach to negotiation has more validity, I should note that there is some overlap between the two camps. An interest-based bargainer might say that being mindful of the other side’s interests does not […]

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 […]

On Sunday voters in Colombia surprisingly rejected a peace agreement that took the parties years to negotiate. The agreement would have ended more than 50 years of a civil war  that has pitted the government against the rebel FARC army. This setback for the cause of peace comes the same week that Israel buried Shimon Peres, one of the country’s great peacemakers, the same month when a hard-won ceasefire in Syria seems to have collapsed, the same year that the United Kingdom voted to pull out of the EU treaty that has helped keep the peace in Europe for a generation, and the same year that has seen the growth around the world of nationalist movements, and of fears of […]

Congratulations to outgoing president Robyn Weinstein, incoming president Floyd Siegal, conference chair Hass Sadeghi, executive director Anne Sawyer, and all the other volunteers who helped create the Southern California Mediation Association’s successful fall conference last weekend. The conference’s theme, Conflict Revolution, made clear that our organization is moving well beyond the goal of helping people learn to mediate litigated disputes. Our goal is to change the world! Ken Cloke This goal was emphasized not only in panels such as the one described in my previous post that addressed new roles for mediators and mediation, but was also addressed in panels on critical race theory, LGBT rights, and other timely topics. Peter Robinson kicked off the conference with what amounted to […]