Archive for the tag 'conflict management'

Leadership, Conflict and Problem-Solving

The New York Times’ November 18, 2010 edition featured a letter by Carl Schiffman of Queens, NY, that brought out concerns that many of us in the problem-solving profession have entertained, concerning the limitations of the mediator’s role.  He wrote:

Mr. Obama’s campaign vow to rise above partisanship was much more than mere talk; he seeks to rise above all conflict and become the person who reconciles the divided parties: the Israelis and the Palestinians, the Pakistanis and the Indians, as well as the Democrats and the Republicans closer to home.

It is my serious concern that the president, far from being either aloof or humble, has all along thought of himself not as a political leader struggling to make his point of view prevail, but as a man of peace, with an almost divine mission.

This 75-year old liberal finds the possibilty that President Obama may not be in office after the next election surprisingly painless.  I find it entirely just that when a man is too good to fight, he should lose.

Mr. Schiffman challenges some of the core assumptions of problem-solvers.  Do we consider ourselves “too good to fight”?  Do we cast ourselves as “peacemakers,” as instrumentalities of the divine, while leaving to other, lesser mortals the task of advocating for justice?  Do we deserve to “lose”?  Can a public leader be a problem-solver while still leading? Read more »

ADR: The Customer’s Perspective

Hans Peter Frick, General Counsel of Nestlé, once offered this guidance for business mediators:  You can either make what you think is a good candy bar and convince people that they “ought to” buy it, or you could go out and ask people what kind of candy bar they want, and go back and make it.

At the IBA in Vancouver, Jane Player of Bird & Bird gave attendees a chance to learn from global companies what kind of candy bar they like: How they consider ADR to add value (or not) in their businesses.  Representatives of General Electric, Swiss Re, Coca-Cola and E.I. duPont spent three hours in conversation among themselves and a the audience of a packed hall discussing relationship management, conflict avoidance, mediation, risk assessment, early case assessment and litigation management as ways to add value to their shareholders.

Candy, anyone?                                  Read more »

IBA Annual Meeting Promises Interesting Dialogue

Last year’s IBA meeting in Madrid was an exciting time for those interested in dispute resolution around the world.  The current issue of Mediation News, the newsletter of the IBA Legal Practice Division, contains an article by me summarizing several but by no means all of the insightful sessions.  This year’s gathering in Vancouver on October 3-9 promises no less. Read more »

A Judge Writes about “Problem-Solving Courts”

In preparation for next week’s Annual Meeting of the American Bar Association, I have been delighted to get to know a group of judges who will be offering a program on Saturday afternoon, August 7, on the use of ADR in Business Courts.  One of them, Judge Steven I Platt of Maryland, maintains an interesting blog to which he has recently contributed a thoughtful article on the “why” of dispute resolution in business courts. Read more »

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