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Mediation's Place

Mediation's Place

http://www.mediate-la.com

Exploring the place of mediation within a legal system that is mainly antithetical to mediation.

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  • Opening bids

    Posted on Friday December 11th, 2009 at 17:50 in offers, negotiation

    It is commonplace advice in settlement negotiations, including mediations, to warn the participants not to be insulted by the other side's opening demand or offer. Those who play the negotiation game often enough know that these opening numbers mere...

  • Making War While Making Peace

    Posted on Friday December 4th, 2009 at 13:37 in war, peace, litigation, international conflict

    I've been debating Afghanistan policy on my political blog and elsewhere, and here will reprint the post I did on that subject: Politically speaking, it is not a viable position simply to suggest that we pull US and NATO forces out of Afghanistan, be...

  • The Roots of a Conflict

    Posted on Sunday November 29th, 2009 at 18:33 in Israel, trust, international conflict, solution-focused

    Many conflicts can be resolved without examining the underlying causes of the conflict too deeply, just as the common cold can be treated by dealing with the symptoms rather than the disease. For an ordinary lawsuit, removing the costs and uncertain...

  • The Vanishing Trial

    Posted on Friday November 20th, 2009 at 09:40 in litigation, settlement

    An article from Pacific Business News shows just how dramatically the number of jury trials has dropped off in the State of Hawaii, where only 17 civil jury trials were completed in the state courts last year.  The trend appears to be the same e...

  • The New Earth Army

    Posted on Wednesday November 18th, 2009 at 14:55 in Psychology, war, hollywood, peace, metaphors

    The new movie The Men Who Stare at Goats is a comic take-off on the true story of an Army program to incorporate New Age concepts into the military. In the movie, Jeff Bridges plays an Army Colonel who trains an experimental unit of "Jedi warriors" ...

  • The Power of Metaphors

    Posted on Saturday November 7th, 2009 at 00:29 in metaphors

    My father, who was a psychiatrist, was a big believer in using metaphors in therapy.  He was interested in dreams because he believed they can serve as metaphors for issues that people are trying to work out in their waking life.  And he be...

Comments & Reviews

This blog is currently rated a 4.00 out of a possible 5 based on 1 comment.

4 stars Alec Wisner

Your analysis is spot on. But I don't believe that the Democrats showed any tactical acuity.

A few weeks ago, I had lunch with a close friend, a former Democratic assemblywoman. Her take was that, because of term limits, most Democratic assemblypeople were more concerned with greasing their transition to their next job far more than taking stands that might erode future financial support. Maybe.

But the fact is that, from the outset, there was never any doubt that the Republicans would not concede an inch - - they couldn't, as you rightly pointed out, at the risk f an overwhelming primary challenge. So where were the Democratic tacticians? While the Republicans were squealing about the evils of taxation, why wasn't the Democratic state party purchasing TV and radio time across the state touting the importance of the social programs that were at stake? Where were the public forums? Where was the public outcry? The issues, it seems, were framed by the Republicans, led by the Governor, on the assumption that taxes were the devil's work.

That is not to say that cuts were not inevitable, but at such time as concessions needed to be made, the Democrats would have been better positioned to portray the Republicans as completely inflexible and hard-hearted.

Part of the problem, I think, is that when the assembly is almost two-thirds Democratic, the few remaining Republicans are esconced in the safest imaginable districts, vulnerable only on their right flank. Many Democrats, on the other hand, sit in districts with a substantial number of Republican voters. Hence, the differential in how extreme a position each party is willing to take.

In the future, the Democrats will need to learn from their errors. They need to be unafraid to stand up for their philosophy and paint it in positive terms. They do not want infected people running around in public because they are not permitted medical care due to their legal status; they do not want armed criminals being released from our prisons due to overcrowding; and they do not want deny segments of our population access to education, leaving ignorant children on the streets with time on their hands and no future. The Democrats need to point out that all of this can be solved, but the choice is whether to continue lashing out at scapegoats or funding constructive solutions.

Having done this, having laid down the gauntlet, it will be easy for the Democrats from majority Republican districts to eventually lead the movement to compromise and leave the Republicans looking miserly and reactionary at the same time.

One can only hope.

Posted: August 9th, 2009 | Report This Comment

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