Mediation

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Parties engaged in disputes are often unable to reconcile their differences alone, or fail to reach outcomes that are adequate for everyone. Mediators can add a great deal of value by helping parties to efficiently and effectively examine the issues at hand, take the interests and perspectives of all the stakeholders into account, and identify creative solutions that leave everyone better off than they would be in the absence of agreement. Mediators offer a suite of techniques to support effective problem-solving. The must remain non-partisan while helping all the parties work through issues both together and separately, away from the table.

Training effective mediators is a core objective of the Program on Negotiation. The Teaching Negotiation Resource Center (TNRC) thus offers a wide range of materials for various audiences, from students looking for a basic introduction to seasoned professionals looking to enhance their skills.

Topics addressed in the suite of role-play exercises range from local property disputes, like what to do about an illegally constructed seawall in Carson Extension, to tensions between religious and ethnic groups, as are examined in The March at Drumcree Role Play. More than a dozen videos illustrating effective mediation in practice, introducing great mediators, and presenting lectures on effective mediation are also available. Books available profile effective mediators and mediation techniques.

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Role Simulations

Role Simulation
Environment and Sustainability Negotiation Role-Play:

Amending Approval for the Storyville Pulp and Paper Mill

Consensus Building Institute and Alberta Environmental Appeal Board
Mediation of a three-party dispute among a paper mill, a community group, and an environmental regulatory agency over the paper mill's air pollution permit
Role Simulation
International Relations Negotiation Role-Play:

Arms Control on Cobia

P. Terrance Hopmann
Multi-issue arms control negotiation among representatives of eight fictional countries
Role Simulation
Public Dispute Negotiation Role-Play:

Carson Extension - Mediated Version

Holly Goo and Lawrence Susskind
Seven-person, three-issue mediation among a landowner and representatives of an engineering firm, U.S. Army Corps of Engineers, town council, and environmental interests over cost and timing of removal of an unauthorized extension of property into a river
Role Simulation
Corporate Decision-Making Negotiation Role-Play:

Case of the Puerile Printer

Albie Davis and Ericka Gray
Six-party mediation with employees, employer, and legal counsel over the contested result of a sexual harassment grievance procedure
Role Simulation
Community Dispute Negotiation Role-Play:

Construction in Bunyonville

Bruce Patton
Six-person, multi-issue mediation between two construction company representatives and two neighborhood residents over a construction project's safety and noise issues; mediated by two representatives of the bank financing the construction
Role Simulation
Community Dispute Negotiation Role-Play:

Dioxin - Waste to Energy Game

Denise Madigan, Steve Foster, and Lawrence Susskind
Six-party, multi-issue negotiation among four scientists, a city representative, and an environmentalist to develop the city's solid waste management strategy; also known as: Dioxin: Resource Recovery.
Role Simulation
Pat Aaron
Three-person mediated small-claims dispute between a dry cleaning business and a customer over compensation for torn shirts
Role Simulation
Health / Medicine / Pharmaceutical Negotiation Role-Play:

Drug Testing in the Workplace

Joel Cutcher-Gershenfeld and Roger Winthrop
Three-person employment mediation between a truck driver and his company's personnel director, mediated by an Employee Assistance Program representative, regarding a positive drug test; a four-person version also includes a union representative
Role Simulation
Values-based / Identity-based Dispute Negotiation Role-Play:

Ellis v. MacroB

Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown
5-person nonscorable mediation between an employee and his/her corporate employer regarding potentially conflicting values and interests around issues of homosexuality and religious faith
Role Simulation
Law / Courts Negotiation Role-Play:

Gator v. City of Quincy

Karen Falkenstein Green
Three-person small-claims mediation between a motorist and a city attorney regarding liability for damage to the motorist's automobile due to a pothole
Role Simulation
Global Treaty-Making Negotiation Role-Play:

Global Management of Organochlorines

Lawrence Susskind, Sarah McKearnan, Mike Gordon, Adil Najam, Joshua Secunda, Granville Sewell, Parag Shah and Andrea Strimling
Thirteen-person, multi-issue facilitated negotiation among eight country representatives, four NGO representatives, and a working group chairperson must draft a treaty aimed at reducing harmful organochlorines; also known as "Chlorine Game"
Role Simulation
Hannah Payne and Genea Foster under the direction of Lawrence Susskind
A seven-party role-play simulation involving a diverse set of stakeholders who must consider the short-term and long-term public health impacts of climate change while assessing the pros and cons of specific (and conflicting) risk management strategies
Role Simulation
Public Dispute Negotiation Role-Play:

HumboldtMediating a Regional Development Dispute

Lawrence Susskind
Eight-person, multi-issue mediation among regional government, environmental, development, and business interests regarding environmental and economic tradeoffs and ethical issues in the development of a manufacturing plant
Role Simulation
Jennie Hatch under the supervision of Lawrence Susskind
Six-party, multi-issue negotiation focused on issues of public engagement in hydropower-based energy development
Role Simulation
Science-Intensive Policy Disputes Negotiation Role-Play:

IndopotamiaNegotiating Boundary-Crossing Water Conflicts

Catherine M. Ashcraft under the supervision of Professors Lawrence Susskind and Shafiqul Islam
Role Simulation
James Lawrence
Five- or six-person mediation between manufacturing company management and a former employee (and their respective counsel) regarding the employee's departure amid allegations of sexual harassment; optional extra role for manager accused of harassment
Role Simulation
Community Dispute Negotiation Role-Play:

Juvenile Justice Restorative Circle

David Baharvar under the supervision of Robert C. Bordone
Six- or eight-party mediated restorative justice circle among juvenile offender, offender's parent, victim, community member, facilitators supporting each side, and one or two mediators, regarding a juvenile shoplifting incident
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Least-Cost Planning Exercise

Clinton Andrews and Lavinia Hall
Six-party, multi-issue mediation among electric utilities, consumer interests, environmentalists, and mediator with technical expertise, over the best way to meet increased demands for electricity
Role Simulation
Mediation Role-Play:

Little v. Jenks

Karen Falkenstein Green
Two-party small-claims settlement mediation between two former friends over the sale of a problematic used car
Role Simulation
Science-Intensive Policy Disputes Negotiation Role-Play:

Long RiverConfronting the Challenges of Instream Flow

Catherine Ashcraft and Larry Susskind
A six-party, seven-person (including the mediator), multi-issue mediation among representatives of governmental, business, environmental, recreational, and tribal interests regarding a dispute over developing an instream flow action plan
Role Simulation
Public Dispute Negotiation Role-Play:

Managing Growth in Rockville

Armand Ciccarelli and Lawrence Susskind
Seven-person, multi-issue mediation among business, planning, environmental, and agricultural interests regarding growth management and comprehensive planning
Role Simulation
Rose Foley, under the direction of David Fairman and Laura Keane
Five-party, multi-issue, EU-mediated negotiation between representatives of Catholic and Protestant groups regarding a Protestant marching route through Catholic neighborhoods
Role Simulation
Business and Commercial Dispute Negotiation Role-Play:

Mouse Exercise

Geoffrey Fink and Maria Baute Stewart
Seven-party, multi-issue negotiation among a theme-park developer, neighboring mayors, a regional organization, and a national government representative over the development of a proposed theme park; involves coalition-building and cultural issues
Role Simulation
Corporate Decision-Making Negotiation Role-Play:

Negotiation of Rabbi Ben Newman's Employment Contract, The

Three party, single-issue negotiation of a rabbi’s employment contract
Role Simulation
Community Dispute Negotiation Role-Play:

Neighborhood Care, Inc.

Lawrence Susskind and Bruce Patton
Two-party negotiation or mediation between church and neighborhood representatives over the possible use of church facilities for services for the mentally challenged
Role Simulation
Consumer Dispute Negotiation Role-Play:

Rosenberg v. Lincoln Landscaping

Pat Aaron
Three-person small claims mediation between a landscaping company and its client over a disputed bill and quality of service
Role Simulation
Cross-Cultural Negotiation Role-Play:

Seoul Food in Urbana

David Eun and Bruce Patton
Three-person mediation involving representatives of local Korean and African-American communities over racial tensions arising from an alleged shoplifting incident; a city representative serves as the mediator
Role Simulation
Values-based / Identity-based Dispute Negotiation Role-Play:

Springfield OutFest

Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown
This is a six-person, non-scorable negotiation simulation focused on mediating values-based legal disputes, specifically disputes involving conflicting views and values regarding homosexuality and religious faith.
Role Simulation
Public Dispute Negotiation Role-Play:

Summitville Service Agreement

Patrick Field and Tracy Dyke
A two-team (four-party), co-mediated, multi-issue negotiation simulation involving a bitter property tax dispute between a small town and an Indian band living on a nearby reservation
Role Simulation
Organizational Development / Change Negotiation Role-Play:

Trademore Personnel

Lawrence Susskind and Bruce Patton
Three-person, integrative, facilitated negotiation with two department heads and a Human Resources observer/facilitator regarding the possible transfer of an employee from one department to the other
Role Simulation
Sean Cote under the supervision of Abram Chayes and Antonia Handler Chayes
Three-person mediated or arbitrated settlement conference regarding a contract dispute between a U.S.-based graphics firm and a Japanese digital printer manufacturer
Role Simulation
William Ury, Ibrahim Ibrahim and Roger Fisher
Three-team, multi-issue mediation involving two or more representatives each of the country of Tulia, the country of Ibad, and the Organization of African Unity (O.A.U.) regarding a cease-fire between the two warring countries
Role Simulation
International Relations Negotiation Role-Play:

Water on the West Bank

Susan Podziba and Lawrence Susskind
Seven-person, four-issue mediation among three Israeli water authority and regional representatives and three Palestinian water authority and political representatives over plans to drill a new well on the West Bank
Role Simulation
Community Dispute Negotiation Role-Play:

WestvilleMediation Strategies in Community Planning

John Forester and David Stitzel
Three-person, three-issue, integrative, scoreable mediation among representatives of a homelessness task force and a neighborhood group, mediated by a planning department representative, over the terms of a proposed homeless shelter in their suburban town

Books

original
Book

Daniel Bowling & David Hoffman

"Rich insights and diverse perspectives, valuable for novices and experienced practitioners alike." - William Ury
original
Book
By Susan L. Podziba. Civic fusion is when people bond to achieve a common public goal, even as they sustain deep value differences. This book offers proven strategies for moving polarized parties to consensus solutions based on the author's 25 years of mediation experience, including working with pro-life and pro-choice leaders after fatal shootings at women's health clinics, crane industry and union representatives to develop federal worker safety regulations, and citizens of a failed city that reclaimed their democracy by writing a consensus charter.
original
Book

Gary Friedman

Designed to help people who work with parties in conflict use their inner experiences for the benefit of their clients, this book challenges many of the conventions conflict-resolution professionals bring to this field. Rooted in self-awareness, this practical guide encourages us to work from the "inside out".
original
Book

David Hoffman

A mediator's quintessential one-stop guide for tested techniques and sources.

Video and Audio

Videos and Audio
Produced by Larry Susskind and Warren Dent
The Program On Negotiation at Harvard Law School invited three members of its highly experienced negotiation faculty to share stories about how they have adapted their teaching strategies in various cross-cultural contexts.
original
Videos and Audio

Michael Wheeler

A simulated mediation between an aid worker and a project funder, featuring Getting to YES co-author Bruce Patton as the mediator
Videos and Audio

Charles Doran

Video featuring an actual landlord-tenant small claims mediation
Videos and Audio

Lawrence E. Susskind

A discussion of the role and functions of a court-appointed special master serving as a mediator in a case study of a scientific/technical dispute in New Jersey
Videos and Audio

Sarah Cobb and Lawrence Susskind

Three videos featuring guest lecturers from the "Mediation and Other Facilitative Roles in Dispute Resolution" seminar, offered by the Program on Negotiation:
Videos and Audio

Lawrence Susskind

An educational video for mediators or mediation students regarding mediator responsibility when parties have unequal knowledge, skills or power
original
Videos and Audio

Marjorie Corman Aaron and Dwight Golann

An unscripted, realistic demonstration of the mediation of a commercial legal dispute
Videos and Audio

Marjorie Corman Aaron and Dwight Golann

An unscripted, realistic demonstration of the mediation of an employment dispute
Videos and Audio

Sara Cobb

An educational video for mediators or mediation students regarding the management of mediation
original
Videos and Audio

Gary J. Friedman, Jack Himmelstein, and Robert H. Mnookin

A mediation training video illustrating the non-caucus "Mediation through Understanding" model

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