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 they parties worked solely with a mediator.

That conventional wisdom is contradicted by new research by professors Jean Poitras of HEC … read more »

The problem: You’re not sure which of two common dispute resolution processes, mediation or arbitration, to use to resolve your conflict. Mediation is appealing because it would allow you to reach a collaborative settlement, but you’re worried it could end in impasse. You know that arbitration would wrap up your dispute conclusively, but it wouldn’t give you much say in … read more »

Settlement negotiations for medical malpractice lawsuits often occur late in the litigation process, when adversarial positions have become well-entrenched, and parties have little or no inclination to compromise. In an effort to improve the success rate of these settlement negotiations, some courts in New York State are now offering “judge-directed negotiations” for parties involved in medical malpractice lawsuits. … read more »

In the July 2011 issue of Negotiation Journal, mediator David Hoffman takes a thoughtful look at the role of caucusing in mediation in an article entitled “Mediation and the Art of Shuttle Diplomacy.” The practice of meeting separately with each disputant, while widespread, is not without controversy. Critics have argued that these private sessions give the mediator too much power … read more »

Adapted from “Strength in Numbers: Negotiating as a Team,” by Elizabeth A. Mannix (professor, Cornell University), first published in the Negotiation newsletter, May 2005.

The widespread belief in “strength in numbers” suggests that having more players on your team should be a benefit, not a burden. But this belief can lead team members to underprepare for negotiation, a common mistake. … read more »

PON Chair Robert Mnookin suggests 2010 Great Negotiator Martti Ahtisaari as a possible  international mediator who may be able to help solve the ongoing conflict in Belgium. Professor Mnookin notes that bringing in an outside mediator can help avoid “reactive devaluation,” or the devaluing of a possible solution simply because it was suggested by an adversary.

To watch the clip, click … read more »

Lawrence Susskind, Ford professor of Urban and Environmental Planning, The Massachusetts Institute of Technology; author of Built to Win; co-author of Breaking Robert’s Rules and Breaking the Impasse

The BP oil spill in the Gulf region inadvertently created a nightmare for mediators. In this posting, Lawrence Susskind lays out a reasonable plan that addresses prompt dispersal of funds, how to negotiate … read more »

Adapted from “Rapport Comes First,” first published in the Negotiation newsletter.

How is it that mediators—who themselves lack any power to impose a solution—nevertheless often lead bitter disputants to agreement? Substantive expertise helps, as does keen analytic skill. But according to a survey by Northwestern University law professor Stephen Goldberg, veteran mediators believe that establishing rapport is more important than employing … read more »

Lawrence Susskind, Ford professor of Urban and Environmental Planning, The Massachusetts Institute of Technology; author of Built to Win; co-author of Breaking Robert’s Rules and Breaking the Impasse

Mediation is often thought of as a last step to adjudicate disputes. In this posting, professor Lawrence Susskind spells out the hidden advantages of using mediation early in the process to solve problems … read more »

Adapted from “Why Aren’t Mediation and Arbitration More Popular?” First published in the Negotiation newsletter.

Many scholars have noted that the business community would greatly benefit from third-party dispute resolution services. The problem is, there isn’t much demand for mediation or arbitration. If the alternative dispute resolution field has in fact built a better mousetrap, why isn’t the market buying it?

J. … read more »