Teaching to the Problem: A Paradigm for Governance, Mediation, and Conflict Resolution

Abstract

In an era dominated by short-term fixes and commodified expertise, the art of teaching to the problem—a methodology grounded in critical thinking, historical analysis, and participatory engagement—is often sidelined. This essay argues that effective problem-solving, whether in governance, mediation, or legal strategy, requires guiding stakeholders through a structured process of discovery and resolution rather than delivering prepackaged solutions. Drawing on my early experiences in programming and later legal practice, I demonstrate how this approach fosters sustainable governance, enduring conflict resolution, and intergenerational continuity in family enterprises. By deconstructing the past and engaging all parties, we cultivate ownership, accountability, and resilience—qualities essential for lasting success.

I. Introduction: Beyond Readymade Solutions

In 1984, as a newly arrived immigrant in Canada, I was advised to learn a trade while awaiting my immigration papers. Programming, then dominated by BASIC and COBOL, became my entry point. Most classmates saw it as a path to quick employment; I saw it as an intellectual discipline. My professor, unlike others, prioritized teaching to the problem—emphasizing reasoning, adaptability, and methodology over rote syntax. This approach, though unpopular, shaped my understanding of problem-solving.Years later, as I transitioned into conflict resolution and governance advisory, I recognized the broader implications of this methodology. True problem-solving, whether in governance, mediation, or legal practice, is not about delivering solutions but about guiding stakeholders to co-create them. This essay explores how teaching to the problem can transform governance, legal strategy, and conflict resolution, offering a sustainable alternative to the dominant model of templated, top-down solutions.

II. The Limits of Tool-Oriented Approaches

Law and governance are often reduced to technical exercises—codes, contracts, and compliance checklists. Many practitioners are trained to provide answers, not to frame questions. Governance advisory, similarly, is often distilled into static deliverables: shareholder agreements, family constitutions, succession plans. These promise certainty but rarely deliver it.Governance is not static; it is an evolving structure shaped by history, culture, and stakeholder dynamics. When treated as a formula, it becomes rigid, unable to adapt to change, and prone to collapse. My work with family enterprises reveals that enduring governance emerges from participatory processes, not imposed frameworks. Families who deconstruct their past, analyze their present, and design their future are more likely to sustain their legacies.The distinction between tool-oriented and problem-oriented approaches rests on three axes: 

• Prescription vs. Discovery: Traditional governance offers prepackaged solutions; problem-based governance engages stakeholders in identifying challenges and crafting responses. 

• Top-Down vs. Bottom-Up: Conventional structures are imposed by advisors; sustainable governance is built collaboratively. 

• Static vs. Adaptive: Checklist-driven governance is obsolete within a generation; problem-based governance evolves with changing dynamics.

These limitations become especially evident in conflict resolution, where governance failures often manifest as disputes. Addressing these requires the same problem-oriented approach.

III. Teaching to the Problem in Conflict Resolution

Conflict resolution, particularly in family enterprises, requires more than imposed settlements; it demands structured conversations that uncover root causes. 

My approach follows a systematic process: 

• Identifying Root Causes

  Conflicts often mask deeper issues—unresolved grievances, misaligned expectations, historical injustices. Effective mediation addresses these, not just the surface disputes. 

• Contextualizing History

  Governance and family dynamics are products of their history. Understanding past successes, failures, and turning points is essential for building a cohesive future. I often ask clients to narrate their family’s journey, shifting perspectives and fostering empathy. 

• Co-Creating Solutions Through Participation

  Sustainable solutions are co-created, not dictated. Engaging stakeholders ensures buy-in and shared commitment. This participatory approach avoids the pitfalls of prepackaged governance models, which often fail by ignoring root issues and future challenges. By involving stakeholders in shaping their governance structures, we foster accountability, ownership, and the capacity to navigate evolving dynamics.

IV. From Passive Consumption to Active Participation

The paradigm shift required in governance, legal education, and mediation is from passive consumption to active participation. Traditional models treat knowledge as something to be applied, not engaged with. 

My methodology emphasizes: 

• Process over Prescription: Frameworks must evolve, not dictate. 

• Engagement over Imposition: Stakeholders must co-create, not receive, solutions. 

• Analysis over Assumption: Each context demands deep, tailored analysis.

Governance and legal frameworks that exclude stakeholders are inherently fragile. Resilience comes from understanding, owning, and shaping the process.

V. Conclusion: A Philosophy for Enduring Legacies

We live in a world addicted to quick fixes, where the illusion of certainty often trumps the hard work of understanding. But governance, mediation, and legal education cannot afford to be transactional—they must be transformative. My programming professor taught me to wrestle with problems, not memorize answers. Decades later, that lesson remains clear: true problem-solving demands courage, patience, and a willingness to confront complexity. Teaching to the problem is not just a method; it is a philosophy. It is how we build systems—and legacies—that do not just survive, but thrive. 

Walid S. Chiniara, Esq.

Advisor to Business Families, and

Thought Leader on Governance,  its History and Philosophy