Conflict Resolution

Advanced Problem-Solving Strategies

Read The Latest Post

As the nation embarks on a debate about how to reduce gun violence, it might be a good idea to set some ground rules. First rule: it’s useless to frame this issue in terms of constitutional rights. The meaning of the Second Amendment is a legal question that is determined by the Supreme Court. Arguing about the meaning of the Second Amendment is not going to get us anywhere, unless somebody’s argument is going to influence the Supreme Court. Anyway, liberals just look foolish and hypocritical advocating a strict textual, originalist interpretation of the Second Amendment. They don’t apply that standard when they claim that abortion and sodomy are constitutionally-protected activities. Why read another part of the Bill of Rights […]

This question comes up a lot. And the answer seems simple. Parties need to personally appear at mediation. In private mediations, we decide who should attend when we set up the mediation. In court-annexed mediation, there are rules addressing this question. In LA County Superior Court, for example, it’s local rule 3.272 now. In the Central District of California Federal District Court, it’s local rule 16-15.5. Both say parties need to attend in person. If there is any question about who on behalf of a corporate or other type of organization should appear, it should be someone with full authority to settle the case. Everybody understands and agrees that mediation doesn’t work as well without the personal attendance and full […]

At a CLE program I attended last week put on by the LA Superior Court and hosted by Pepperdine Law School, two of the panelists, Max Factor and Peter Robinson, got into something of a debate about how to handle an ethical situation. The topic concerned the mediator’s responsibilities when the mediator learns that one party to a mediation has slipped a potential land mine into a proposed agreement. Suppose the party inserting such a provision admits their deceitful intent and specifically instructs the mediator not to tell the other side of the land mine’s existence. Is the mediator bound to keep that information confidential? Perhaps, but to avoid being a party to a potential fraud, the mediator can at […]

Even though we may aspire to hold only peaceful intentions, we still have trouble controlling our violent natures. That was proven in last night’s Lakers game against Oklahoma City, a game marred by the shocking act by the recently-minted  Metta World Peace (formerly known as Ron Artest), of sharply elbowing opposing player James Harden in the head. Harden may have suffered serious injury, and World Peace will no doubt be suspended for a period of time. World Peace has a history of aggressive tendencies, but showed a genuine desire to change his nature by changing his name. That may prove a more difficult task than he might have anticipated. First, we’re dealing with human nature, which is not so easy […]

Those who take mediation seriously want to encourage parties to participate in good faith, and to prepare properly for mediation sessions, so that the process can achieve maximum benefit. We have to recognize, however, that there can be a tension between the desire to make sure that the parties don’t waste each others’–and the mediator’s–time, and the need for confidentiality, safety and flexibility in making mediation work. In other words, how do you promote the most effective use of mediation without slipping into exactly the kind of rules and sanctions-based world that mediation was designed to escape? Don’t ask the courts to resolve this dilemma, because they don’t see it. Courts are entirely comfortable operating in the world of rules […]