Conflict Resolution

Advanced Problem-Solving Strategies

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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. […]

A variation of the Prisoners’ Dilemma problem may be playing out in the Republican primary campaign. Those elements in the party who are still seeking to prevent Trump from becoming the nominee have apparently abandoned their original tactic of attempting to coalesce support around the strongest non-Trump candidate while encouraging weaker candidates to drop out. Instead, the plan of the Never Trump movement is now to encourage all three remaining candidates to remain in the race, but act more cooperatively toward each other so that each can amass the maximum number of delegates in the states in which each is running most strongly, and thereby prevent Trump from gaining a majority in advance of the convention. Thus, Rubio and Cruz […]

Neutrality is a cherished concept in mediation, but the term is interpreted differently by different mediators. Some take it to mean being strictly impartial and fair toward both sides in a dispute, in the way that a judge should not let his or her biases affect the outcome, or show favoritism toward one side or the other. I take it to mean being indifferent toward the outcome of the process, leaving the parties to achieve a resolution acceptable to each side, but assisting both sides in satisfying their interests to the greatest extent possible. To do that mediators play a different role than judges or arbitrators, at times coaching one side or the other on their negotiating tactics, and at […]

Tunisia, where the Arab Spring started, is also the first country to emerge from its revolution with a genuine commitment to democracy and the rule of law. This outcome may be attributable in large part to the work of the National Dialogue Quartet, a group composed of four organizations: the General Labor Union; the Tunisian Confederation of Industry, Trade and Handicrafts; the Tunisian Human Rights League; and the Tunisian Order of Lawyers. When Tunisia appeared in danger of falling into civil war, these organizations banded together and persuaded the Islamist and other parties to agree to a framework for negotiations that would lead to a more legitimate and pluralistic government. The quartet’s work illustrates two techniques favored by mediators: (1) acceptance […]

Some thoughts based on my experience with negotiation and mediation in general that may be relevant to the ongoing Congressional fight over passage of fast track authority for the Trans-Pacific Partnership (TPP) trade agreement (which suffered a major setback on Friday): First, there are great virtues in preserving the secrecy of negotiations until the deal is complete. Critics of the TPP have thrown suspicion onto the deal because many of its terms remain shrouded in secrecy. But confidentiality is something we fight to preserve in mediation and other forms of negotiated conflict resolution. One reason is to allow negotiators freedom to make aggressive offers and demands without fear of being second-guessed by their principals until the deal is completed. Another […]