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.
Suppose that in each case, the parties and their lawyers have exhausted their attempts to negotiate a resolution on their own. They’re ready for outside help in ending their dispute, yet they don’t know where to turn.
When it comes to dispute resolution, we now have many choices. Understandably, disputants are often confused about which process … Read More
Suppose that two businesses have similar sounding names. The similarity is confusing to customers, or could be down the line. One of the businesses decides to do something about it. How can they engage in a successful dispute-resolution process?
Two recent conflicts over business names went in different directions. First, a public dispute broke out … Read More
When approached by a partner whispering sweet nothings about untold riches and power, it can be tempting to rush through the negotiation process. But if you do, you could find out too late that your Prince Charming is nothing but a frog—and that those glass slippers on your feet pinch. That’s how famed shoe designers … Read More
It’s not difficult for negotiators haggling over seemingly finite resources to become entrenched in their positions. Sometimes the only way to get unstuck is to think appreciatively and creatively about the other side. Rather than trying to determine why a person has taken a particular position, consider what she wants, appreciate it, and try to … Read More
On April 15, Detroit city employees and retirees breathed a huge sigh of relief after the city’s emergency manager and its pension fund managers reached a deal that would significantly reduce proposed cuts to pension benefits, CNNMoney reports. Some civilian workers will face a 4.5% reduction in pensions and lose cost-of-living adjustments. Retired public-safety workers … Read More
In the face of antitrust charges, Google’s new guiding principle is “Don’t litigate, negotiate,” according to the Wall Street Journal.
In recent years, U.S. and European regulators have accused Google of abusing its dominance in online searches by promoting its own services, such as Google Shopping, at the expense of its competitors’ services. Rival comparison-sites such … Read More
Emotional flooding – when strong, specific, and often negative feelings overwhelm us – poses obvious hazards to negotiators, who need to be able to think clearly when faced with the complex, strategically demanding task of creating and claiming value.
For this reason, emotional regulation can be an essential component of negotiation.
But different types of regulation create … Read More
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Understanding how to arrange the meeting space is a key aspect of preparing for negotiation. In this video, Professor Guhan Subramanian discusses a real world example of how seating arrangements can influence a negotiator’s success. This discussion was held at the 3 day executive education workshop for senior executives at the Program on Negotiation at Harvard Law School.
Guhan Subramanian is the Professor of Law and Business at the Harvard Law School and Professor of Business Law at the Harvard Business School.