Conflict Resolution

Advanced Problem-Solving Strategies

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Speaking of peace in the Middle East, I’ve been reading the new book about the Camp David negotiations by Lawrence Wright. Surprisingly, reading this account made me feel a little more hopeful about the prospects for peace between Israelis and Palestinians, the great unfinished business of the Camp David accords, even though the conventional wisdom in light of Prime Minister Netanyahu’s recent re-election is that resolution of the issues in the territories is now a long ways off. The reasons for hope lie in recollecting that if anything, Menachem Begin was an even more belligerent character than Netanyahu is today. Begin was reluctant to concede on any issues, whether the status of Jerusalem, or Jewish settlements in Sinai, or withdrawal from […]

Being a trial lawyer, a mediator, and most importantly, a Dodgers fan, I can’t help following the newspaper reports of the juicy ongoing divorce litigation between Frank and Jamie McCourt.  The latest news illustrates some of the pitfalls of mediator’s proposals.  I am speculating to some extent as to what is really going on here, but based on this LA Times report, it seems that Frank’s side accepted, but Jamie’s side rejected LA Superior Court Judge Peter Lichtman’s confidential proposal.  Generally, the way mediator’s proposals work, the mediator provides his settlement recommendation to both sides, giving both a time limit to either accept or reject the proposal.  If both sides reject the proposal, neither side is supposed to know whether […]

At the end of 2009, both houses of Congress accomplished the remarkable feat of passing comprehensive health insurance reform legislation.  The only problem: the two versions of the legislation are significantly different.  To resolve those differences called for either a conference committee (an idea the Democrats rejected, since they felt it would only be used for delay by the Republicans), or a negotiated behind-the-scenes reconciliation of the two bills, or passage by one or the other chamber of Congress of exactly the version of the bill passed by the other.  So it would seem that we should have been very close to the goal of getting health insurance reform to the president’s desk.  The hard work was done, and only […]