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
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
When disputes flare up in business relationships, a failure to thoroughly anticipate and prepare for the future is often to blame. Consider a dispute that has arisen surrounding the estate of Maurice Sendak, the acclaimed children’s book author and illustrator of dozens of books, including the masterpiece Where the Wild Things Are. As Randy Kennedy … Read More
If you’ve ever offended a fellow negotiator with words or actions, you know how hard it can be to make amends. In past issues of Negotiation Briefings (February 2009, June 2010), we have described how effective a simple apology can be in bringing parties back together and restoring trust. … Read More
In negotiation, our success often hinges on our bargaining power—which in turn can depend on forces beyond our control. That truism was highlighted in two recent disputes arising from business negotiations over the pricing of copyrighted material in the digital era, one from the music world, the other from publishing. First, country-music star Taylor Swift … Read More
In many negotiations, both parties are aware of what their interests are, and are willing to engage in a give-and-take process with the other party to come to agreement. In conflicts related to personal identity, and deeply-held beliefs or values, however, negotiation dynamics can become more complex. Parties may not be willing to make any … Read More
“Indirect confrontation” may be a useful way of helping a counterpart save face, writes professor Jeanne Brett of Northwestern University’s Kellogg School of Management in an August 2010 article in the journal Negotiation and Conflict Management Research. … Read More
How does the presence of lawyers affect the process of mediation? You might guess that when one or both sides bring an attorney to a mediation, the process would become more contentious and adversarial, with impasse more likely, than if the parties worked solely with a mediator. That conventional wisdom is contradicted by new research … Read More
A shake-up is afoot regarding large companies’ use of mandatory arbitration to settle disputes with consumers. Until now, if you got into a dispute with your credit card or cell-phone provider, you might have to sort it out in arbitration even if you’d rather file a lawsuit. Buried in the fine print of many consumer … Read More
In the business world, long-term loyalty to a CEO is supposed to be a good thing. For New England supermarket chain Market Basket, however, employees’ reverent appreciation for their former chief and co-owner, Arthur T. Demoulas, has proved to be destructive to the business in the short term, causing employee and customer protests as well … 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.