Find Mediators Near You:

Slices of Conflict in Life

Question:  Where does conflict come from?

Answer: Normal, unconflicted life.

Building on Felstiner, Abel, and Sarat’s classic article describing the genesis of disputes, Naming, Blaming, Claiming, this overgrown blog post uses memoirs to analyze how people develop “perceived injurious experiences” (PIEs), some of which become grievances (when they blame others), and some of which become disputes (when they make demands that aren’t fully satisfied).  Only a tiny percentage of disputes involve lawyers or become lawsuits.  Most of the time, people experience life as normal – not perceiving that they have injurious experiences, which Felstiner, Abel, and Sarat call “unPIEs,” – until something causes them to have PIEs.

The article uses memoirs by Maya Angelou, Russell Baker, Bill Browder, John Grogan, Chaney Kwak, Philip Roth, and Leif Whittaker as well as a biography of George Floyd as data to illustrate a wide range of people’s perceptions of injurious experiences and ways that they deal with them.  Doing so helps understand normal life – unPIEs – and how conflict emanates from it.

Take a look.  I think you’ll enjoy it.  And learn stuff too.

Originally published by John Lande in Indisputably

author

John Lande

John Lande is the Isidor Loeb Professor Emeritus at the University of Missouri School of Law and former director of its LLM Program in Dispute Resolution.  He received his J.D. from Hastings College of Law and Ph.D in sociology from the University of Wisconsin-Madison.  He began mediating professionally in 1982 in California.… MORE

Featured Members

ad
View all

Read these next

Category

New issue of The Complete Lawyer and its ADR column, The Human Factor, now available

Now available online is the latest edition of The Complete Lawyer, a web-based magazine focusing on quality of life and career satisfaction for attorneys, along with its special ADR column,...

By Diane J. Levin
Category

Difficult People

From the Blog of Phyllis G. Pollack.       We have all dealt with difficult people. This “difficulty” is precisely why we find ourselves in negotiations with these folks in the...

By Phyllis Pollack
Category

More Live Blogging from the Seattle ABA ADR Conference: Women Don’t Ask and People at the Convention

Thanks to Jim Melamed of Mediate.com for the iphone photo taken Friday morning just before the frankly brilliant presentation by Linda C. Babcock and Sara Laschever, authors of the must-read Women Don't Ask, Negotiation and...

By Victoria Pynchon
×