“The way Valla (the leader of LO) approached the conflict made it extremely difficult to find a creative, win-win solution. She focused on who was right and who was wrong. She used the court’s rhetoric.”
- and you’re familiar with that?
“Yes. I’m educated as a land consolidation judge at the Norwegian University of Life Sciences (UMB) and have worked as a judge in the Norwegian land consolidation court. While practicing as a judge, the limitations of the traditional court system became obvious to me. As a judge, I often experienced that the parties were better served by solving their problems through mediation. If the parties in a legal dispute mediate, they can decide what kind of resolution they want.”
Can you provide an example?
“When considering a verdict in a boundary dispute, the judge decides where the boundary is on the basis of presented evidence, laws and statements given by the parties involved. Mediation can help discover the underlying interests of the parties and this basis can be used to develop innovative and practical solutions. Then you don’t have to decide whether someone is right or wrong.
In one boundary dispute I dealt with in court, concerning a boundary that ran through a lake, we found a solution through mediation. The actual issue was that there was not enough space for both parties’ boats. Having this information, we were able to shift our focus away from the boundary dispute and the parties agreed to build a shared wharf for both of their boats. Such a solution could not have been achieved by delivering a verdict.”
Why research and NHH?
“Since my studies at UMB, I have been thinking about taking a PhD. I became familiar with the conflict management group at NHH through Professor Jørn Rognes. He had just finished a study on the judges in the land consolidation court in Bergen, where I worked. The academic environment at NHH was tailor-made for my interests. I completed my master degree in 2003 and then continued onto the PhD programme.
What are your research interests?
“Conflicts, conflict management, and challenges related to property questions”
What are you currently working on?
“My PhD thesis will be a collection of four articles which will focus on different aspects of the mediation process. I have completed a qualitative, observational study in the courts on judicial mediation, and right now I’m working on an article regarding ethical challenges in the mediation process.”
What do you think about the academic environment?
“I think it is ok, but it can be a bit lonely sometimes. The environment is fragmented, and we don’t have many shared academic meeting places. I enjoyed gathering my data and meeting people who were interested in what I’m working on. The critique I wrote in Bergens Tidende was also a great experience. I have received responses both from people I know and people I don’t know. I also received an invitation to write an article in a book!
If you could choose another work what would it?
“To be a photographer”
What’s your source of academic inspiration?
“Hernando de Soto’s The mystery of capital, which deals with which effects the systems of property has for the generation of capital.”
And what book is currently on your bedside table?
“Løvekvinnen (the Lion Woman ) by Erik Fosnes Hansen.”
Where do you see yourself in 10 years?
“That’s something I also wonder a great deal about. It’s quite possible that I’ll be working with research, but perhaps in combination with something else.”
