Conflict Resolution

Advanced Problem-Solving Strategies

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Yesterday at the ABA Dispute Resolution spring conference I heard former Senator George Mitchell talk about his five year effort to mediate a peace agreement in Northern Ireland. When the agreement was finally signed in 1998, Mitchell knew the work of making peace was not over, that implementation of the agreement was going to be even more difficult than the long effort to obtain the agreement, and that it would take some time before violence died down. He told people in Ireland at the time that although he knew they still had a lot of difficult days ahead, he hoped someday to return to Northern Ireland with his son, born only about six months before the Good Friday agreement, and […]

Critics who accused President Obama of leading an “apology tour” during his early foreign trips might claim some vindication from this week’s presidential visit to Israel, which culminated in a spectacular apology that took place in a trailer at the airport as the president was about to depart for Jordan. But it wasn’t President Obama who was apologizing. The president instead acted as a mediator in brokering a restoration of diplomatic relations between Israel and Turkey. In order for that to occur, it was necessary for Israel to apologize to Turkey for mistakes that occurred during the 2010 Israeli raid on a Turkish ship trying to run the blockade of Gaza. Clearly, both Israel and Turkey will greatly benefit from […]

Assuming the LA Superior Court proceeds with its plan to close its ADR program this spring, the question to ask is not: how will people find mediators? Because mediators are not difficult to find. A web search will turn up hundreds of private mediators in the Southern California region. ADR provider organizations will be only too happy to refer litigants to their panels.  Organizations like SCMA have lists of mediators accessible on their websites. And a number of directories are available in which mediators promote their services. The real question is whether parties and attorneys are going to continue to seek out the services of mediators after the court stops performing the functions of assigning cases to mediators and following […]

The shocking story out of Phoenix this week about a shooting that took place after a mediation session, has understandably made mediators a bit jumpy. The case was the kind of ordinary contract dispute mediators see every day, between a furniture mover/refurbisher and a dissatisfied customer. The amount in dispute might have been less than $20,000.  Reports are that the furniture guy, representing himself, attended the mediation for an hour, and then said he had to get something from his car. What he got was his gun, and then he lay in wait outside the building for the opposing party and his counsel to come out whereupon he shot them both. Google maps photo People naturally wonder. Could this incident […]

This year’s Southern California Mediation Association conference experimented by adding an advanced track, co-sponsored by the American Institute of Mediation. The new feature enabled more experienced mediators to attend a series of workshops on topics that might be of more interest to them. This part of the conference seemed to be well received, but I will be curious to hear more reactions to it from participants.  We felt the need to offer these kinds of programs in part to expand our reach as an organization. SCMA needs to remain relevant to more established mediators as well as introducing newcomers to the field. In order to function as a true professional organization, SCMA has to offer programs of interest to those […]