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Law Rules

How we resolve our disputes

Entries in civilized (3)

Thursday
Feb072013

Hazardous duty?

It has finally happened. A shooting following a mediation session.  I never thought mediators would have to request hazardous duty pay.  Fortunately, it wasn’t the mediator who was shot, this time.  In this case, one participant shot another participant and his attorney.  But I’m sure it will happen someday, if it hasn’t already. It has happened in courthouses and courtrooms.  Given the widespread ownership of guns in this country, and the lax system (if you can call it that) of background checks before a person can buy one, I suppose it is inevitable.  Someone will take the law into his or her own hands and shoot a mediator.  And the NRA will say it wasn’t the gun’s fault, it was the shooter.  Don’t take guns away from bad guys; get more good guys to carry them.  But has anyone heard of some good guy with a gun (other than a law enforcement officer) shooting a bad guy before the bad guy shoots someone else?  I haven’t.  Besides, owning a gun doesn’t necessarily give you the right or ability to determine who is a good guy and who is a bad guy.  

This blog is supposed to be about how we resolve our disputes, so I won’t get into the gun control debate any further.  But I do need to say that we should all step back and remember what it means to live in a civilized society.  Our social contract says we have given up the right to use lethal force to resolve disputes in exchange for a judicial system whose decisions are final.  Yes, we can still use force and guns in self defense, and for recreational purposes, like hunting.  But those are not legitimate means of dispute resolution.  The idea behind civil litigation is that a judge or court resolves the dispute, rightly or wrongly, the parties put it behind them, and then they get on with the rest of their lives.  The idea behind mediation is that the parties discuss the dispute with the help of an impartial mediator, and find a resolution they can both live with, even if a court could not order it, and then do just that — live with it! 

Americans frequently get criticized for being overly litigious.  Why is that a bad thing?  Eighty to ninety percent of all civil cases are settled short of trial.  Even when litigation is not settled, the parties usually get a full and fair hearing.  I like to think that if Hamlet had lived in the U.S., he would have filed a lawsuit and avoided his existential crisis.  But the shooter in the mediation case has proved me wrong.  Like Hamlet, he chose to face the slings and arrows of outrageous fortune and, by opposing, end them — along with his own life. 

Friday
Apr062012

Opening day

I admit it. I’m a homer. I like my hometown professional baseball team, the Milwaukee Brewers. Today is the opening game of the 2012 season. After a first place finish in our division last year, hopes are high for another exciting and successful season. But even if they don’t win it all (and the Brewers never have), it is still good clean entertainment, usually outdoors.

What does this have to do with dispute resolution? I have written about conflict in sports before, (at least twice). It can be a good model for how we should handle conflict in the workplace and society in general. During the off season, we saw the controversy about Ryan Braun’s positive blood test for steroids. It was finally resolved through arbitration. Agree with the decision or not, it has the benefits of finality and closure. And it showed the importance of having some kind of relatively quick decision making procedure to resolve the dispute.

Conflict can be constructive. Even if we don’t get everything we want or hope for, engaging in a civilized discussion or game with your opponent ultimately puts the dispute behind you and lets you get on with your life. If we don’t win today’s game, there are 161 more to go. And then there is next season. In the meantime, enjoy the game and the opportunity for growth that civilized conflict provides. Baseball is one of the most civilized sports. No slap shots, slam dunks, sacks or kicks. Just some base hits and the opportunity to make it “home.” So enjoy the game and play ball!

Thursday
Jul232009

The Mother of All Mediations

Thomas Friedman, the New York Times columnist, recently opined that what Iraq needs, now that U.S. and coalition forces are finally scheduled to pull out, is a “big, tough mediator” to help its various religious and ethnic groups live together without blowing each other up. (See article.) It might actually take a platoon of big tough mediators, but it is nice to see such a vote of confidence for the Mediation profession from a Pulitzer Prize-winning author and journalist.  There are organizations devoted to providing mediators for governments, businesses and non-governmental organizations around the world. For example, see IMI.  Regardless of who provides the mediators, they certainly have their work cut out for them. But it seems to be a worthwhile endeavor.  The Mother of All Mediations sounds much more civilized than the Mother of All Battles.