Conflict Resolution

Advanced Problem-Solving Strategies

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When you look at the literature on negotiating, you tend to find (at least) two schools of thought. One, exemplified by Fisher and Ury’s Getting to Yes and its progeny, is a “win-win” approach that emphasizes communication and exploration of parties’ underlying interests. The other is more of a “win-lose” philosophy that emphasizes getting the upper hand in negotiations and gaining profits for one side at the expense of the other. Some have labeled these as “soft” or “hard” approaches to negotiation. Before trying to evaluate which approach to negotiation has more validity, I should note that there is some overlap between the two camps. An interest-based bargainer might say that being mindful of the other side’s interests does not […]

How do we know whether those with whom we are dealing have hostile intentions? How do we establish communication with them? How do we develop trust? The new science fiction movie Arrival addresses these common problems in conflict resolution. Confronted by forces that appear new and dangerous, our human instincts urge us to fight or flight. Those instincts may also lead us to interpret ambiguous gestures in a threatening way. We face these challenges even when we are dealing with people we know who are speaking our language. Imagine being confronted by an alien race that communicates with symbols we have no key to interpret. The movie nicely illustrates the linguistic complexities involved in asking a simple question like, “What is […]

In the highly-charged atmosphere of our current political season, is more fighting really what we need? Senator Elizabeth Warren evidently thinks so. Here is a portion of Senator Warren’s comments on the Rachel Maddow show last night, when Warren explained why she is endorsing Hillary Clinton for President:  Hillary Clinton won . . . because she’s a fighter . . . . And I think this is what we need. . .  As a Democrat, one of the things that frustrates me the most is there are a lot of times we just don’t get in the fight. We ask pretty please if we can have things or we make the argument for why it is the best thing to do, […]

More evidence that the practice of law has changed in fundamental ways: At a panel presentation this week at the SCMA Employment Mediation Institute, Ann Kotlarski, who represents employers and Curt Surls, who represents employees, both agreed that they prefer to resolve employer-employee disputes without litigation if possible. Surls said that he always sends detailed demand letters setting forth the factual background his client has presented, as well as the legal basis for his client’s claims, before filing a complaint. These letters usually do not contain specific monetary demands, but  do include an invitation to mediate the dispute. Kotlarski also initiates attempts at early dispute resolution. She always calls the plaintiff’s attorney as soon as she gets a complaint or […]

Here is how one high stakes negotiation is currently playing out: First a recap. On February 13, 2016, Justice Scalia’s unexpected death created a vacancy on the Supreme Court. Within less than a day, leading Senate Republicans made a pre-emptive opening demand, announcing that they would refuse to consider, even to hold hearings for, any nominee the president proposed.  Next, President Obama announced that he would proceed in the normal course anyway, and he also invited the opposition to the White House, where they meet in the Oval Office on March 1, 2016. Presumably the parties gauged each other’s resolve, presented their respective best alternatives to a negotiated outcome of the dispute, perhaps suggested some ways of reaching a resolution. […]