Mediation is a process of third-party involvement in a dispute. A mediator cannot impose an outcome but rather assists the disputing parties in reaching their own agreement. Mediation can be used in a wide range of disputes, including labor disputes, public policy disputes, disagreements among nations, family disputes, and neighborhood and community quarrels.
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 »
NP@PON has developed several new Teaching Notes to accompany the three values-based and identity-based simulations described in the last NP@PON Newsletter. The simulations are available along with an overview Teaching Note, individual teaching notes for each game, and an Annotated Bibliography. The overview Note offers extensive guidance on how to organize discussions about value-based disputes (VBD).
The three simulations focus on … read more »
NP@PON collected many types of curriculum materials from teachers and trainers who attended the 2009 Mediation Pedagogy Conference. We received general materials about classes on Alternative Dispute Resolution (ADR) as well as highly specific and idiosyncratic units like Conflict Resolution through Literature: Romeo and Juliet and a negotiating training package for female managers from the Middle East.
We have … read more »
Adapted from “Resolve Employee Conflicts with Mediation Techniques,” first published in the Negotiation newsletter.
If you manage people, disputes will show up at your door. The marketing VP protests that the budget cap you and your new finance VP proposed is hindering a research initiative you supported. Two young sales representatives are embroiled in a turf war. Your administrative assistant … read more »
Adapted from “Beyond Blame: Choosing a Mediator,” by Stephen B. Goldberg (professor, Northwestern University), first published in the Negotiation newsletter.
When a negotiation escalates into a dispute, most managers understand the value of seeking out a mediator for professional assistance with the matter. The question of whom to hire, however, is less clear-cut. What type of expertise should your mediator have, … read more »
Adapted from “Make the Most of Mediation,” first published in the Negotiation newsletter.
As compared with other forms of dispute resolution, mediation can have an informal, improvisational feel. Mediation can include some or all of the following six steps, writes Kimberlee K. Kovach in The Handbook of Dispute Resolution (Jossey-Bass, 2005):
1. Planning. Before mediation begins, the mediator helps the parties … read more »
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Preparing for Negotiation |
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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. |
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