Conflict Resolution

Advanced Problem-Solving Strategies

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Someone posted a question on an online forum about a divorce agreement reached after two days of mediation. The questioner’s ex-wife wanted to set the agreement aside because some stock options assigned to the husband in the settlement agreement had subsequently skyrocketed in value. The husband was looking for some ammunition that would allow him to retain the full value of these assets. (Almost the exact same situation can be found in the recent California Court of Appeal case of Lappe v. Lappe, No. B255704 (2d Dist. Dec. 19, 2014). In that case, the wife was seeking discovery of financial statements provided by the husband during the mediation, for the purpose of attempting to set aside the mediated property settlement […]

I will be a guest on the Doug Noll radio show on Thursday, February 19, 2015. The program is broadcast over the internet and its website can be found here. In case you miss the program Thursday night, however, I believe it will soon be available on the website. I expect to be talking about the business of mediation, how mediation may be transforming the civil justice system, and whatever else comes to mind. I’m looking forward to the opportunity. UPDATE (3/5/15): It appears the audio file was erased by the web radio station, so my interview is now lost to posterity. Doug promises that we will do another program soon however.

A recent artical in the ABA Journal  on movements to license legal technicians to perform limited legal services cited a Bar Foundation study showing that most people encountering what the study called “civil justice situations” either handled the situation themselves, did nothing about it, or enlisted the help of friends and family. Only about 22% sought the assistance of people outside their social network. Naturally the ABA article viewed this situation as a potential opportunity for the legal profession to meet unmet legal needs, while questioning whether opening up opportunities for paralegals or other non-lawyers to serve these needs should be allowed. To me, however, data like that found in this study suggests that the traditional justice system is either […]

If somebody were to ask me (actually somebody did ask me) about the future of conflict resolution, my answer would have to include technology. Technology is already enabling us to do things that would have been unimaginable only, say, 20 years ago. We now carry devices in our pockets that enable access to virtually any available information. I can tap my cellphone to pinpoint my location on an interactive map and find out instantly how long it will take me to get anywhere by any available mode of transportation; I receive updates on appointments or plane schedules without even asking for them; and I can instantly communicate, via Twitter, or Linkedin or Facebook, or any number of other means, with […]

In an exchange of letters published in the most recent issue of the New York Review of Books, commenting on an article last month about reforming the plea bargaining process by Federal District Judge Jed Rakoff in New York, Judge Rakoff defends his proposal to get judges more involved in plea bargaining by comparing it to the way mediation is offered to civil litigants in the same court. Here is how he describes mediation as he sees it being practiced: [C]ivil litigants regularly meet with magistrate judges or court-appointed mediators shortly after a case is filed and, in separate, confidential presentations to the mediator, describe their respective evidence and positions. The mediator then meets again with the parties separately and, […]