Conflict Resolution

Advanced Problem-Solving Strategies

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Yesterday at the ABA Dispute Resolution spring conference I heard former Senator George Mitchell talk about his five year effort to mediate a peace agreement in Northern Ireland. When the agreement was finally signed in 1998, Mitchell knew the work of making peace was not over, that implementation of the agreement was going to be even more difficult than the long effort to obtain the agreement, and that it would take some time before violence died down. He told people in Ireland at the time that although he knew they still had a lot of difficult days ahead, he hoped someday to return to Northern Ireland with his son, born only about six months before the Good Friday agreement, and […]

Empathy is an essential tool in mediation, both for the mediator and hopefully a quality the participants develop as well. Mediators recognize, unless we want to act purely as evaluators (and even then the capacity for empathy is still important), that we need to try to empathize with the needs and feelings of both sides in every case, to build trust and encourage understanding.  But sometimes the actions of parties to a dispute seem so foreign or even repugnant to our own values that we find it difficult to empathize. And when we can’t empathize, we tend to distance ourselves and condemn. Are there limits to the capacity to empathize? Are there actions so beyond the pale of acceptable human behavior that […]

The shocking story out of Phoenix this week about a shooting that took place after a mediation session, has understandably made mediators a bit jumpy. The case was the kind of ordinary contract dispute mediators see every day, between a furniture mover/refurbisher and a dissatisfied customer. The amount in dispute might have been less than $20,000.  Reports are that the furniture guy, representing himself, attended the mediation for an hour, and then said he had to get something from his car. What he got was his gun, and then he lay in wait outside the building for the opposing party and his counsel to come out whereupon he shot them both. Google maps photo People naturally wonder. Could this incident […]

Piers Morgan’s interview earlier this week with radio host Alex Jones has gotten lots of attention, due to Jones’s seemingly-unprovoked fiery outbursts and threatening manner. Morgan probably accomplished what he wanted to accomplish by having Jones on the show. He exposed the raving right wing conspiracy theories behind at least some Americans’ attachment to guns, and probably scared a lot of people already sympathetic to gun control. At the same time, however, Morgan probably didn’t convince a lot of people who might be sympathetic to Jones’s views, and he didn’t even begin to engage in a constructive dialogue about responses to the problem of gun violence that we might get most people to agree on. Was that Morgan’s fault? He […]

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 […]