Conflict Resolution

Advanced Problem-Solving Strategies

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It’s ironic that the president who led us through by most measures our most destructive war had some of the most profound things to say about peace-making. Beginning as a trial lawyer, he recognized that trial work should be approached with the goal of making peace, rather than creating new conflicts. Lincoln figured out how to achieve that goal within the justice system. Then, most significantly, he carried these insights onto a global stage, showing how peace-making skills can be developed and expanded to resolve our most difficult problems. The first quote is one often cited be lawyers and mediators in an effort to persuade clients to think beyond their immediate perceived interests:. Discourage litigation. Persuade your neighbors to compromise […]

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 […]