Conflict Resolution

Advanced Problem-Solving Strategies

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You want to know about us? The kind of people you can trust, that’s us. Reputable people. About them, they are the ones who caused the problem, not us. The thing about us, is that we’re right. We did nothing wrong. OK, maybe we made a few mistakes, and the biggest mistake we made was probably getting involved with them. But for the most part, we’re right. As for them, they betrayed our trust. They took advantage of us. They cheated us. We don’t want anything to do with them any more. We just want them to admit they were wrong, pay us back, and leave us alone. But even if they did that, how could we trust them? They’ll […]

Everyone is talking about President Obama’s little dig at his opponents when he reminded them of his two election victories. But the part of the State of the Union speech that should get mediators excited is the following: “So the question for those of us here tonight is how we, all of us, can better reflect America’s hopes. I’ve served in Congress with many of you. I know many of you well. There are a lot of good people here, on both sides of the aisle. And many of you have told me that this isn’t what you signed up for – arguing past each other on cable shows, the constant fundraising, always looking over your shoulder at how the […]

An entertaining new book on philosophy (who would have thought there could be such a thing) called Plato at the Googleplex, transports Plato to various settings in our modern world, and attempts to show that we are still grappling, or should be grappling, with many of the same problems that Plato addressed in dialogues written more than 2000 years ago. The book’s Plato character makes you wonder whether, for example, Google does a better job of organizing knowledge than the ancient philosophers did, or whether we’ve made any progress in dealing with child rearing or love or figuring out how to live a better life. This “Plato” leads the people who pass for our modern dispensers of wisdom (such as […]

Oftentimes, all we need to do to resolve a dispute is arrive at an agreed-upon value for the subject of the dispute–whether that is a lawsuit, or a company, or a piece of property. It therefore behooves the parties to come to mediation armed with as much objective information as they can get that would support the value they are seeking. In the case of property, that might be an appraisal. In the case of a lawsuit, that might be legal authority or jury verdict information. I mediated a case recently where the parties were on the verge of signing a deal, based on a shared understanding of an item’s potential value. In reviewing their file before making this commitment, […]

I recently saw the trailer for the Karate Kid remake, which made me wonder if it would match that thrilling moment in the original film where the kid suddenly realizes that all the time he thought he was just being exploited into doing a lot of backbreaking work, he was actually learning karate. Here is a dream of how I’d like to conduct a mediation: We all sit in a room discussing who knows what, getting to know each other better. All of the discussion seems tangential, even completely irrelevant to the matter the parties are so concerned about. Maybe we tell stories or do some exercises or play some games that people find a little weird or uncomfortable. Or, […]