Conflict Resolution

Advanced Problem-Solving Strategies

Read The Latest Post

Surprisingly, the second in the new series of Planet of the Apes movies (Dawn of the Planet of the Apes) presents a pretty good illustration of the forces that drive groups into violent conflict, or provide opportunities for diplomacy. As the story begins, we find a rapidly-evolving colony of apes living in the woods, while a group of humans, perhaps all that is left of humanity (most people having been wiped out by a virus and the mass chaos caused by the virus) are struggling to survive in what’s left of San Francisco. An exploring party makes contact with the apes, and both sides have to decide whether to go to war against the other, or find a way to […]

A recent case from the Court of Appeal in Florida illustrates the perils of confidentiality clauses in settlement agreements, but something more as well. Patrick Snay brought an age discrimination suit against a private school that did not renew his contract as headmaster, and settled the case for $80,000 plus $60,000 in attorneys’ fees. (According to footnote 5 of the opinion, it appears the settlement was accomplished by mediation.) So far, so good. The settlement agreement contained a strict confidentiality clause prohibiting the plaintiff from disclosing, directly or indirectly, any information whatsoever about the existence or terms of the agreement to anyone except professional advisers. But Snay’s daughter, who was a student at the school, and apparently had also suffered […]

During the 1980’s, when South Africa was in the news all the time, when the divestment movement was in full swing on college campuses and countries around the world were imposing sanctions, when South Africa was being ripped apart by repression and terrible violence, I remember thinking that South Africa served in some ways as a microcosm of the whole world. In that country a small minority of European ancestry was imposing its will on the majority African population, consuming most of the wealth for itself, and adhering to the fiction that the majority population could be confined to a few artificial “homelands.” It was an unsustainable system, but the leaders of South Africa seemed unwilling to yield. I remember […]

At this year’s fall conference on Saturday November 2, 2013, the Southern California Mediation Association will be presenting the Cloke-Millen Peacemaker of the Year award to Seeds of Peace, an organization that since 1993, has brought young people  from regions of conflict around the world to meet their historic enemies face-to-face at their International Camp in Maine. Seeds of Peace operates on the theory that while treaties are negotiated by governments, peace is made by people. The Cloke-Millen Peacemaker Award will be accepted by Sarah Brajtbort, US-based Programs Manager for Seeds of Peace. Sarah was a Seed herself in 2006, and returned as a counselor 4 years later, which she did for two summers. She was hired full-time in 2012 as […]

The August issue of the California Bar Journal is devoted to the theme of lawyer as peacemaker. In his introduction, State Bar President Patrick Kelly argues that it is time for lawyers to refocus their efforts from advocacy to more of a problem-solving, peacemaking role. The issue includes a number of articles by prominent ADR practitioners helping to illustrate how lawyers can make this transition. The State Bar President’s recognition that it is time for advocates to work to reduce conflict and solve problems rather than exacerbating conflict and causing problems represents a welcome shift. As Kelly states, to the extent attorneys are able to address the need for problem-solving and peacemaking, that can contribute positively to their ability to […]