Monday, October 26, 2009

The Slippery Slope of Conflict

Just in case you thought Collaborative Law (Reconciliation), Negotiation, Mediation, and Arbitration aren't really the ways we should be resolving conflict, take a look at the The Slippery Slope illustration from Peacemaker Ministries. Notice that Litigation is listed as an attack response on the escalation side, right after Assault and just before Murder.

Why are we, in the US, so quick to jump over all the other responses and move directly to Litigation? When you call your legal department or outside counsel, is the first, or only, suggested solution a trip to the courthouse? What about other ways of addressing conflict? Do you suppose there are better ways? Why do you suppose the other ways have survived for so many centuries while litigation is relatively new and has fallen out of favor in many cultures?

Perhaps the above list of questions will help you formulate your own list of questions for your legal staff. Better still, perhaps you could resolve your own conflicts with a bit of coaching or self instruction.

It may be legal, but is it right?

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