In preparing for this issue of the Bar Bulletin, the editor asked the contributors “What can we do as lawyers to improve conflict resolution?”  Generally, when we think of conflict resolution, we think of alternative dispute resolution or mediation.  In the Law Library are a few titles that discuss other techniques of conflict resolution.

Pauline H. Tesler, in her book Collaborative Law:  Achieving Effective Resolution in Divorce without Litigation, American Bar Association, 2001, discusses collaborative law as an alternative method to the divorce process.  She finds that the collaborative model allows for more creative solutions which value and preserve the residual core of a positive connection, that divorcing spouses can retain toward one another.

The Construction Contracts Book:  How to Find Common Ground in Negotiating Design and Construction Contract Clauses, American Bar Association, 2004 discusses topics covered in standardized forms, compares language from the forms of the three major professional groups dealing with construction contracts, and then provides alternative language.  The alternative language helps identify issues for negotiation.

Creative Problem Solver’s Handbook:  For Negotiators and Mediators:  A Pracademic Approach, by John W. Cooley, American Bar Association, 2005 takes a pracademic approach to creative problem solving in negotiation and mediation.  “Pracademics” is a term coined by the author to describe the art and science of translating the theory of creative problem solving into practice, and conversely, converting the practice of creative problem solving into theory.  It encourages an interdisciplinary approach to problem solving and seeks to draw upon the expertise of one discipline to enhance the problem solving effectiveness in another.

Most texts discuss applying the principles of alternative dispute resolution or mediation to a conflict.  Improving Board Effectiveness:  Bringing the Best of ADR into the Boardroom:  A Practical Guide for Directors, by Jon J. Masters and Alan A. Rudnick, American Bar Association, 2005, focuses on how skills and techniques used typically in the ADR process can improve board effectiveness by fostering discussion and deliberation, making decisions collaboratively, and surfacing and ironing out disagreements and personality clashes.

Please stop by the Law Library to look at these titles.