Conflict Resolution

Advanced Problem-Solving Strategies

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One of the more interesting courses I took in law school was International Law, which is not a course that everyone takes, because it does not appear to offer much practical value for most lawyers’ careers.  I didn’t see much practical value in it either when I signed up, but found that it got me thinking about the law in a much different way from other law school courses.   What you learn when you study international law is that the system of international law is for the most part not structured as a body of statutes enacted by legislatures, or precedents handed down by judges.  International law is mostly not enforced by police, or by fines, or by prison.  Because […]

As he has done since the beginning of his campaign, Barack Obama likes to talk about a new kind of politics in which people sit at the same table and talk to one another instead of shaking their fists at one another. Here he is this week bragging about bringing together different players in both the energy debate and the health care debate. If these initiatives bear fruit, do they herald a new dominant mode of problem-solving? Does President Obama reject the whole idea of dialectics that has been so influential in political philosophy, in favor of more positively-reinforcing ways of achieving change? Can he really get the political system to work in this new way? The rise of mediation […]

Most lawsuits end by settlement. Mediation is increasingly being relied upon as the court’s preferred mode for reaching a settlement. Therefore, instead of being thought of as an adjunct to the “normal” litigation process, mediation needs to be better integrated into the standard procedure for processing lawsuits. Let’s start with the courthouse itself. Since most cases are never going to be resolved by trial or any other sort of courtroom procedure, why do we even call it a courthouse? Why not call it, say, a dispute resolution center? Why start the process by filing a complaint? Would it not make more sense to initiate a dispute resolution proceeding by serving one’s adversary with a paper called something like a “notice […]