Conflict Resolution

Advanced Problem-Solving Strategies

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Monday night (10/19/09). It’s the bottom of the ninth inning. The Dodgers are hanging on to a 4-3 lead in the crucial fourth game, in which the Dodgers have the chance to tie up the National League Championship series. Two outs, one strike, and seemingly moments away from victory, just waiting for Jonathan Broxton to put the final batter away. Instead, Jimmy Rollins hits a double, scoring both runners already on base, and the Phillies stunningly take the game, and almost inevitably, the Dodgers’ World Series hopes. But was it really Jimmy Rollins who won the game for Philadelphia? In Bill Plaschke’s column yesterday in the Los Angeles Times, Plaschke argues that the decisive moment was Broxton’s walk given to […]

A hot topic in the litigation field during these bad economic times is how to reduce litigation costs. Numerous articles and discussions have appeared about alternative billing or staffing arrangements that can save clients money, presumably by reducing the amount of time spent on activities that do not advance cases toward trial. I agree that billing by the hour sometimes creates perverse incentives for attorneys, just as it does in any profession that bills by the hour or by the procedure. I also agree that over-staffing and engaging in unnecessary work drives up legal bills. But I also think that discussions about litigating more efficiently sometimes miss the larger point. The best way to reduce litigation costs is not to […]

I posted comments on my litigation blog on a report issued this spring by the American College of Trial Lawyers Task Force on Discovery and the Institute for the Advancement of the American Legal System, which recommends a number of reforms of the Federal Rules of Civil Procedure, chiefly concerning limitations on discovery. This same report gives but a passing nod to alternative dispute resolution. (pp.21-22) The trial lawyers who produced this report are willing to consider what they themselves describe as “radical” changes to the discovery rules, as well as numerous other reforms. Yet, while they recognize the value of mediation, their support for it is lukewarm at best. Although the report recommends that courts raise the possibility of […]

Some of mediation’s touted benefits include the potential for repairing a broken relationship, or the chance to re-open communications between estranged business partners or a divorcing couple, people who must continue to deal with each other. Mediation can also devise creative solutions that open up if the parties are able to resume or start a new relationship, for example, settling a dispute over poor service or defective products by supplying new products or services. In many lawsuits, however, the parties have no interest in doing any further business with each other. In the garden variety personal injury case between strangers, there is no reason for the parties to desire any future contact, and even in a case that arises out […]