Chodosh, Hiram E. "Depolarizing Legal Conflict." Maadhyam: Council for Mediation and Conflict Resolution Newsletter, January 2017, pp. 12-16.
Abstract: Conflict both reflects and shapes the human condition. It is an indispensable, frequently helpful, creative social process and also destructive-costly emotionally, economically, and politically. How do we exploit the creative powers of conflict and then depolarize it to reduce its most deleterious consequences? In this keynote essay for Maahdyam, a new Indian NGO dedicated to the resolution of conflict, President Chodosh advances answers to these questions. Drawing on his most recent book, The Uniform Civil Code of India: Blueprint for Scholarly Discourse (Oxford University Press, 2016) (with Shimon Shetreet), he makes critical observations about the nature of conflict, sweeping global trends in law and policy, and profound rule of law challenges. He then advances three promising strategies-the application of legal federalism or subsidiarity; the principle of comparative harm; and the process of mediation to get the best and avoid the worst from conflict.