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.
In business negotiations, when a counterpart apologizes for harming or offending you, should you forgive and move forward? What if doing so seems impossible?
In a chapter in The Negotiator’s Fieldbook (American Bar Association, 2006), Ellen Waldman and Frederic Luskin write that forgiveness isn’t an essential component of negotiation; you may be able to get to … Read More
Workplace disputes are inevitable. Employees air grievances, consumers file lawsuits, and strategic partners threaten to fire you and hire your competitor. All too often, such conflicts end up in the courts. In addition to consuming incredible amounts of time and energy, lawsuits often ruin long-standing relationships with suppliers, customers, and shareholders.
Increasingly, organizations are applying the … Read More
Adapted from “How to Negotiate When Values Are at Stake” by Lawrence Susskind (Ford Professor of Urban and Environmental Planning, Massachusetts Institute of Technology), published in the Negotiation newsletter, October 2010.
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 … Read More
Negotiation is not only something we do at work; often the toughest negotiations we encounter are in our personal lives. In a recent Wall Street Journal article, Daniel Shapiro, Associate Director of the Harvard Negotiation Project and a faculty affiliate with the Program on Negotiation, offers some suggestions on how negotiation skills can be used … Read More
Sreedhari Desai, a PON Graduate Research Fellow for the 2009-2010 academic year, was recently featured in an Op-Ed in the Boston Globe. Desai’s research examines the ways in which childhood cues can make businesses more charitable and individuals more honest. The full text of the article can be found here.
About Sreedhari Desai:
Sreedhari Desai is an … Read More
Adapted from “Negotiating Differences: How Contrasting Styles Affect Outcomes,” by Laurie R. Weingart (professor, Carnegie Mellon University), first published in the Negotiation newsletter, January 2007.
How would you describe your negotiating style? Are you a cooperative negotiator who focuses on crafting agreements that benefit everyone, or do you actively compete to get a better deal than … Read More
PON Chair Robert Mnookin discussed his book Bargaining with the Devil: When to Negotiate, When to Fight on Nevada Public Radio on February 24th.
To listen to the interview, click here.
Professor Mnookin will be teaching a one-day Executive Education course based on Bargaining with the Devil on April 21. Click here to learn more about the … Read More
Adapted from “Your Own Worst Enemy?” First published in the Negotiation newsletter.
Why do some people get under our skin? Something they do or say pushes our hot buttons. Annoyance doesn’t foster productive negotiation, of course, but it’s not our fault that they’re getting on our nerves. Or is it?
Psychologists caution that when we have strong … Read More
Adapted from “Helping Your Adversary to Let Go,” first published in the Negotiation newsletter.
Why is it that so many lawsuits aren’t settled until the parties reach the courthouse steps?
Sometimes the reason is strategic: each side may be waiting for the other to blink first. Dwight Golann, a legal scholar and veteran mediator, has identified another … Read More
Adapted from “How to Break a Stalemate,” by Frank E. A. Sander (Professor Emeritus, Harvard Law School), first published in the Negotiation newsletter.
A “one-shot” form of dispute resolution, arbitration is usually faster and cheaper than litigation. In addition, rather than being assigned a judge, parties are able to select their arbitrator. There are several forms … 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.
