Dispute Resolution

Dispute Resolution generally refers to one of several different processes used to resolve disputes between parties, including negotiation, mediation, arbitration, collaborative law, and litigation. Dispute resolution is the process of resolving a dispute or a conflict by meeting at least some of each side’s needs and addressing their interests. Dispute resolution, or conflict resolution to use another common term, is a relatively new field, emerging after World War II. Scholars from the Program on Negotiation were leaders in establishing the field.

What If You Have to Arbitrate?

Filed in Dispute Resolution

The likelihood that a provision for final-offer arbitration in the event of impasse will actually result in arbitration is slim. However, as a precaution, you and your counterpart should agree on an arbitrator before you start negotiating. It’s easier to choose an arbitrator when both sides view arbitration as an unlikely event when arbitration is … Read More 

HNLR Symposium Review: “Ideas and Impact: Roger Fisher’s Legacy”

Filed in Dispute Resolution, Events, Videos

On March 2, 2013, the Harvard Negotiation Law Review held their 2013 Symposium, entitled “Ideas and Impact: Roger Fisher’s Legacy.” This event celebrated Professor Fisher, co-founder of the Harvard Negotiation Project and the Program on Negotiation. Professor Fisher passed away last summer.

During the day-long event, distinguished panelists explored current trends and opportunities for aspiring scholars … Read More 

When Do Employees Choose to Negotiate?

Filed in Dispute Resolution

More broadly, how does the desire to negotiate stack up against other workplace decision-making procedures?

Negotiation seems to be the preferred decision-making mechanism when employees are seeking individually tailored solutions, such as adjustments to travel and work schedules.

On the other hand, they prefer their compensation to be based on performance criteria and want companywide … Read More 

Dispute Resolution, NHL style

Filed in Dispute Resolution

In the early hours of January 6, the National Hockey League (NHL) and the NHL Players’ Association (NHLPA) concluded a 16-hour mediation session by announcing they had reached agreement to end a 113-day lockout. The deal was finalized a week later, and the players returned to the ice for a shortened 2012-2013 season on January … Read More 

In New York, Fast-Food Workers Test Their Negotiation Skills

Filed in Dispute Resolution

On November 28, dozens of employees at several fast-food restaurants in New York City walked off their jobs and demanded better pay and unionization. In doing so, they launched what is believed to be the largest coordinated campaign in the United States to unionize fast-food workers from different restaurants, reports Steven Greenhouse in the New … Read More 

Not-So-Privileged Information

Filed in Dispute Resolution

The law of attorney-client privilege protects certain communications on the assumption that clients will reveal critical information to their attorneys only if they know such disclosures will not harm them in court. Despite the inadmissibility of such evidence, judges can have difficulty disregarding privileged information that sheds light on a case. … Read More 

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