Conflict Resolution

Advanced Problem-Solving Strategies

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Last week it was revealed that movie producer Harvey Weinstein has a long history of accusations of sexual harassment. His namesake company fired him. In response, Weinstein composed an apology letter, in which he promised to “conquer my demons” and make amends to people he has harmed. At the same time, however, Weinstein threatened to sue the New York Times over the accuracy of the original story reporting his transgressions. Does that action call into question the sincerity of his apology? Does it help or hinder Weinstein’s claimed commitment to resolve this issue? Secretary of State Tillerson revealed recently that the US has various back channels of communication with North Korea, and that we are pursuing negotiations with that country to […]

If I were to write a book on my experiences practicing law, I might use the above title. It has multiple meanings. “From litigation to conflict resolution” describes what happens with most contested legal disputes; they tend to follow a trajectory from an adversarial to a more cooperative process. An aggrieved party starts with a desire to punish, or seek justice against, the opposition that they believe has wronged them. The accused party reacts defensively. Both sides tend to contest every assertion made against them. They create new grievances. They demand that the court sanction the other side. Whether or not the court gives them satisfaction, however, eventually they will in most cases reach a negotiated resolution of the dispute, […]

The California Law Revision Commission has issued its draft recommendations for an amendment to the Evidence Code carving out a new exception to mediation confidentiality. This project has been about four years in the making, and was originally spurred by concern over the California Supreme Court’s decision in the Cassel case, which excluded evidence in support of a subsequent malpractice case, of alleged attorney misconduct in inducing their clients to settle a case in mediation. The Commission’s report, which runs to 158 pages, reflects a thorough process, but one that is probably going to be greeted with fear in the mediation community. Many mediators support an “absolute” exclusion of any evidence of statements made by anyone in the course of mediation, […]

I’ve been listening to the cast album from the musical “Hamilton”, in preparation for finally getting to see the show when it comes to LA later this summer. One of the bits of historical information that can be gleaned from this show concerns the rules of dueling, still a fairly common occurence in the early 19th Century. We may think we have progressed far beyond the barbaric practice of dueling, but based on the way dueling is described in this show, it appears to function in much the same way as as our more modern systems of dispute resolution today. The so-called “ten duel commandments” reveal that the whole ritual of dueling actually incorporates a system based on negotiation. In […]

Ryo Oyamada was fatally mowed down by a police car in New York City four years ago. An article in the New York Daily News today reported on the settlement of a family’s suit against the police department for the wrongful death of their son. I was struck by a statement the family is reported to have released explaining their decision to accept the settlement: “Our family feels that there is no way to hold the NYPD accountable through the court system.” It’s sad to hear of a party that feels so defeated by accepting a settlement. I know nothing about this particular case, aside from the scanty details provided in the news article, but it seems unfortunate that the family […]