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ADR

What is ADR?

Alternative dispute resolution (ADR) is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party.

For resolving disputes, the three most common alternative dispute resolution (ADR) techniques are: mediation, arbitration, and med-arb

In mediation, a neutral third party tries to help disputants come to a consensus on their own. Rather than imposing a solution, a professional mediator seeks to assist the conflicting sides in exploring the interests underlying their positions.

In arbitration a neutral third party listens to each side of a conflict and then makes a binding decision about the dispute.

An often-overlooked ADR process is med-arb, a mediation-arbitration hybrid. In med-arb, disputants hire a neutral mediator. If the mediator is unable to resolve the dispute through mediation, she puts on her arbitration hat and renders a decision,

Unlike the public nature of litigation, mediation and arbitration typically give parties the freedom to hash out sensitive issues without the fear that their discussions and agreement will become public knowledge. But which type of ADR is best for a given situation?

When you are trying to generate solutions that will survive the test of time it is important to have buy-in from all parties. This can be achieved through mediation in which all parties are responsible for coming to a mutually agreeable solution.

While mediation may generate more creative solutions to a dispute, it can be very time-consuming. In cases where there is concern about time constraints, like when a deadline is looming, it may be best to utilize arbitration.

In short, one possible sequence of ADR would begin with mediation. If the mediation ends in impasse, or if issues remain unresolved, the parties can then move on to arbitration.

If a med-arbiter is handling the entire process, she would impose a binding decision based on her judgments about the case. If parties had reached agreement on some issues, the med-arbiter would rule only on the issues that remained.

Discover more about improving your dispute resolution skills in this free report, Dispute Resolution, Working Together Toward Conflict Resolution on the Job and at Home, from Harvard Law School.

The following items are tagged ADR:

NEW! Harvard Mediation Intensive

Posted by & filed under Harvard Mediation Intensive.

Led by mediation experts Audrey Lee and Alain Lempereur, the Harvard Mediation Intensive delves into mediation principles and processes through interactive presentations and hands-on exercises. From employment and business disagreements to public and international conflicts, you will discover effective ways to enable parties to settle their differences across a variety of contexts. … Read NEW! Harvard Mediation Intensive

Harvard Mediation Intensive

Posted by & filed under Harvard Mediation Intensive.

Led by mediation experts Audrey Lee and Alain Lempereur, the Harvard Mediation Intensive delves into mediation principles and processes through interactive presentations and hands-on exercises. From employment and business disagreements to public and international conflicts, you will discover effective ways to enable parties to settle their differences across a variety of contexts. … Read Harvard Mediation Intensive

What is the Multi-Door Courthouse Concept

Posted by & filed under International Negotiation.

As a collaboration between UST School of Law and the Program on Negotiation at Harvard Law School, the following is the transcript of a conversation between the creator of the multi-door courthouse, Harvard Law Professor Frank E.A. Sander, and the executive director and founder of the University of St. Thomas (UST) International ADR [Alternative Dispute … Read What is the Multi-Door Courthouse Concept

Managing Emotions in Negotiation: Teaching Students to Turn Emotions into an Opportunity for Mutual Gain

Posted by & filed under Teaching Negotiation.

How do you move from an emotionally charged moment in a negotiation to a mutually beneficial agreement? In negotiations of all types, whether buying a house or negotiating a company acquisition, emotions naturally manifest. Left unaddressed, emotions can derail a negotiation and make agreement seem impossible. … Read More

Alternative Dispute Resolution (ADR) Training: Mediation Curriculum

Posted by & filed under Mediation.

In 2009, we collected many types of curriculum materials from teachers and trainers who attended the 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 … Read More

Alternative Dispute Resolution In-House: Mediation, Arbitration, or Med-Arb?

Posted by & filed under Daily, Dispute Resolution.

The three most common alternative dispute resolution techniques are mediation, arbitration, and med-arb. However, it can often be difficult to determine which method is best for your particular situation. Here are four possible objectives you may have as a leader in your organization and suggestions for which type of ADR may be most appropriate in that … Read More

Negotiation Research on Organizational Approaches to Negotiating Systems

Posted by & filed under Negotiation Skills.

While most negotiation research aims to sharpen individual managers’ skills, there is growing scholarly and professional interest in an organizational approach to negotiation.A systemic perspective evaluates the training, authority, procedures, and resources that manager need to improve their companies’ “return on negotiation,” as consultant Danny Ertel puts it. Looking at negotiations broadly reveals important design … Read More

International Negotiation Role Playing: Understanding the Theory and Practice of Systemic Peacebuilding

Posted by & filed under Conflict Resolution.

Policymakers, practitioners, and academics have seized on the need for peacebuilding negotiation strategies in international negotiation to be as complex and adaptive as the societies within which they work. As a result, there are loud calls for “whole of government” or “whole of community” approaches that cross traditional sectoral boundaries.  The problem is that these approaches are … Read More

Mandated Mediation: What to Expect

Posted by & filed under Mediation.

More and more companies are inserting alternative dispute resolution (ADR) clauses in their contracts with customers and vendors—and even, in some cases, in agreements with their own employees. ADR clauses can be beneficial for all concerned if it means avoiding the cost, delay, and uncertainty of going to court. Mandated mediation, in particular, may offer … Read Mandated Mediation: What to Expect

What is Dispute Resolution in Law: The Ins and Outs of Arbitration

Posted by & filed under Dispute Resolution.

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. What is dispute resolution in law and how do alternative dispute resolution (ADR) methods like arbitration operate inside and outside a courtroom? Here are some examples of … Read More

Teach Your Students Negotiation Psychology

Posted by & filed under Teaching Negotiation.

The negotiation psychology of the parties at the table can contribute significantly to the likelihood of reaching an agreement. In Beyond Reason, world-renowned negotiator Roger Fisher and psychologist Daniel Shapiro advise “ignore emotions at your own peril. Emotions are always present and often affect your experience. You may try to ignore them, but they will not … Read Teach Your Students Negotiation Psychology

Arbitration vs Mediation: Using Teambuilding and ADR in Negotiation

Posted by & filed under Mediation.

During his years as George H.W. Bush’s Secretary of State, one of James A. Baker, III’s, goals was to encourage the free-market reforms that Communist Party of the Soviet Union General Secretary Mikhail Gorbachev had launched in the late 1980s. One day during his tenure, a high-level Bush administration official commented in the press that … Read More

Negotiation Skills for Resolving International Conflicts

Posted by & filed under Negotiation Skills.

What are the essential skills a negotiator needs to resolve conflicts abroad? How do international conflicts differ from domestic conflicts? What issues specific to bargaining across borders emerges in intercultural negotiations? In this article we explore ways in which negotiators can develop bargaining skills to overcome any barriers to communication they may encounter in negotiations … Read More

Announcing the 2015 Winners of the PON Paper Prizes

Posted by & filed under Awards, Grants, and Fellowships, Daily.

The Program on Negotiation has awarded Bruno Verdini the 2015 Howard Raiffa Doctoral Student Paper Award for his paper “Charting New Territories Together: Laying the Foundations for Mutual Gains in United States – Mexico Water and Energy Negotiations.” This paper was submitted as his dissertation for the Ph.D. program at the Massachusetts Institute of Technology. Emily Cole Groden … Read More

Interdisciplinary and International Perspectives on ADR: Past, Present, and Future

Posted by & filed under Daily, Events.

The Program on Negotiation at Harvard Law School is pleased to present: Interdisciplinary and International Perspectives on ADR: Past, Present, and Future with

Dr. Paola Cecchi-Dimeglio Editor, Interdisciplinary Handbook of Dispute Resolution

Wednesday, April 15, 2015 12:00 – 1:30PM Pound Hall 102 Harvard Law School campus Free and open to the public.  A non-pizza lunch will be provided.  About the Book:  Over the last three decades, Alternative Dispute Resolution (ADR) … Read More

Harvard Negotiation Law Review Symposium: “Restorative Justice: Theory Meets Application”

Posted by & filed under Daily, Events.

PON is pleased to co-sponsor the 2015 Harvard Negotiation Law Review symposium: Restorative Justice: Theory Meets Application Saturday, February 28, 2015 9:00 a.m. – 4:30 p.m. Austin Hall, Harvard Law School Campus Free and open to the public. Registration is highly recommended.   The goal of the Symposium is to promote an exciting discussion about the potential to leverage ADR practices and frameworks in restorative justice initiatives, … Read More

2014 Winner of the Raiffa Doctoral Student Paper Award

Posted by & filed under Awards, Grants, and Fellowships, Negotiation Skills.

The Program on Negotiation has awarded Eugene B. Kogan the 2014 Howard Raiffa Doctoral Student Paper Award for his paper “Coercing Allies: Why Friends Abandon Nuclear Plans.” This paper was submitted as his thesis for the Ph.D. program at Brandeis. Mr. Kogan is currently a Stanton Nuclear Security Postdoctoral Fellow in the International Security Program at … Read More

Islam, Sharia and Alternative Dispute Resolution: Mechanisms for Legal Redress in the Muslim Community

Posted by & filed under Dispute Resolution, Events.

Dr. Mohamed M. Keshavjee will discuss his new book, Islam, Sharia and Alternative Dispute Resolution, which provides an informed and thorough discussion of the relevance of Sharia and its principles that affirm equity, justice and basic human rights, and its interface with the UK’s official judicial system. … Read More

The Program on Negotiation at Harvard Law School: Three Decades of Scholarship and Practice

Posted by & filed under Negotiation Skills.

Founded in 1983, the Program on Negotiation at Harvard Law School is a pioneer in the fields of negotiation, mediation, and alternative dispute resolution. In commemoration of the program’s 30th anniversary this year, the Program on Negotiation is proud to present a video describing many of PON’s various educational and research activities. According to Chair Robert Mnookin, … Read More

2013 Winner of the Raiffa Doctoral Student Paper Award

Posted by & filed under Awards, Grants, and Fellowships, Negotiation Skills.

The Program on Negotiation has awarded Netta Barak-Corren the 2013 Howard Raiffa Doctoral Student Paper Award for her paper, co-written with Edy Glozman and Ilan Yaniv, “False Negotiations: The Art & Science of Not Reaching an Agreement.” Ms. Barak-Corren is an LLM candidate at Harvard Law School.     About the Award: The annual prize of $1000 is awarded … Read More

Taking Alternative Dispute Resolution (ADR) Too Far

Posted by & filed under Mediation.

More and more companies are inserting alternative dispute resolution (ADR) clauses in their contracts with customers and vendors, and even in agreements with their own employees. ADR processes such as mediation and arbitration can be beneficial for all concerned if they help avoid the cost, delay, and uncertainty of going to court. Mediation, in particular, … Read More

Grant Strother (HLS 2012) Wins Conflict Prevention and Resolution Award for Best Original Student Article

Posted by & filed under Conflict Resolution.

Recent Harvard Law School Graduate Grant Strother ’12 was selected to receive The International Institute for Conflict Prevention & Resolution (CPR) Outstanding Original Student Article Award for his paper, “Resolving Cultural Property Disputes in the Shadow of the Law.” This award recognizes a student article or paper that is focused on events or issues in … Read More

Harvard Negotiation Law Review Symposium Will Honor Roger Fisher

Posted by & filed under Dispute Resolution, Negotiation Skills.

The Harvard Negotiation Law Review’s 2013 Symposium, entitled, “Ideas and Impact: Roger Fisher’s Legacy,” will be held on Saturday, March 2, 2013 at the Harvard Law School in Austin North from 9:00 a.m. to 5:00 p.m.   The full-day event will explore the contributions of the late Roger Fisher, co-founder of the Harvard Negotiation Project and … Read More

Mediation, Arbitration, and the Promise of Privacy

Posted by & filed under Mediation.

Negotiators often choose to resolve their conflicts through mediation, arbitration, and other alternative dispute resolution methods because of the privacy these methods promise. Unlike the public nature of litigation, mediation and arbitration typically give parties the freedom to hash out sensitive issues without the fear that their discussions and agreement will become public knowledge. Two … Read More

Taking ADR Too Far

Posted by & filed under Dispute Resolution.

More and more companies are inserting alternative dispute resolution (ADR) clauses in their contracts with customers and vendors, and even in agreements with their own employees. ADR processes such as mediation and arbitration can be beneficial for all concerned if they help avoid the cost, delay, and uncertainty of going to court. Mediation, in particular, … Read Taking ADR Too Far

Frank Sander Honored at American Bar Association 14th Annual Spring Conference

Posted by & filed under Negotiation Skills.

With beautiful weather outside and the cherry blossom season in full bloom, over 1000 attendees filled the American Bar Association Dispute Resolution Section’s conference halls as it held its 14th annual conference in Washington, D.C. On Saturday, April 21, the ABA Section of Dispute Resolution honored Frank Sander, A.B., LL.B., Bussey Professor of Law Emeritus and … Read More

2011 Winner of the Roger Fisher/Frank E. A. Sander Student Paper Prize Announced

Posted by & filed under Awards, Grants, and Fellowships, Daily, News.

Congratulations to Jessica Beess und Chrostin (HLS ’13), the 2011 Fisher/Sander Prize Winner, for her paper “Cross-Border Class Actions and Aggregate Dispute Resolution: Where We Are and How to Move Forward.” This prize was established in 2007 by the Program on Negotiation in honor of Professors Roger Fisher, the Williston Professor of Law, Emeritus, and Frank … Read More

Save the Dates: Announcing the PON Spring 2011 Events Calendar

Posted by & filed under Daily, Events.

The Program on Negotiation Spring 2011 Events Calendar: February 1: Herbert C. Kelman Seminar on International Conflict Analysis and Resolution, Negotiation, Conflict and the News Media: Cambodia, Kevin Doyle and Steve Marks, 4:00pm-6:00pm

February 15: Brown Bag Lunch Series: Hamas, Hezbollah, and the Muslim Brotherhood – Obstacles to Peace in the … Read More

Harvard Negotiation and Mediation Clinical Program receives Conflict Prevention and Resolution Institute’s 2010 Award

Posted by & filed under Awards, Grants, and Fellowships, Conflict Resolution, Daily, Harvard Negotiation and Mediation Clinical Program, News.

The Conflict Prevention and Resolution Institute (CPR) selected the Harvard Negotiation and Mediation Clinical Program (HNMCP) to be the recipient of its 2010 Problem Solving in the Law School Curriculum Award at its annual awards banquet on January 11, 2011 at the New York offices of Fulbright & Jaworski LLP.  The clinic’s director and founder, … Read More

2010 Winner of the Raiffa Doctoral Student Paper Award

Posted by & filed under Daily, News.

The Program on Negotiation would like to congratulate Nour Kteily for his paper entitled “Getting to the Table: Factors Affecting the Willingness of Israelis and Palestinians to Negotiate.” Nour is a Ph.D. Psychology candidate in the Department of Psychology at Harvard. About the Award: The annual prize of $1000 is awarded to a doctoral student author of … Read More

Announcing the 2010 PON Summer Fellows

Posted by & filed under Daily, Summer Fellowship Grants.

About the PON Summer Fellowship Program: PON offers fellowship grants to students at Harvard University, MIT, Tufts University and other Boston-area schools who are doing internships or undertaking summer research projects in negotiation and dispute resolution in partnership with public, non-profit or academic organizations. The Summer Fellowship Program’s emphasis is on advancing the links between … Read Announcing the 2010 PON Summer Fellows

2010 Winner of the Roger Fisher/Frank E. A. Sander Student Paper Prize Announced

Posted by & filed under Awards, Grants, and Fellowships, Daily, News.

Congratulations to Jamison Davies (HLS ’11), the 2010 Fisher/Sander Prize Winner, for his paper “Formalizing Legal Reputation Markets.” This prize was established in 2007 by the Program on Negotiation in honor of Professors Roger Fisher, the Williston Professor of Law, Emeritus, and Frank E. A. Sander, the Bussey Professor of Law, Emeritus, two founders of the … Read More

The Brazilian Experience on Dispute Systems Design (DSD): the TAM and Air France cases

Posted by & filed under Daily, International Negotiation.

“The Brazilian Experience on Dispute Systems Design (DSD): the TAM and Air France cases”

with Diego Faleck (LL.M. ’06), Chief of Staff of the Secretariat of Economic Law of the Ministry of Justice in Brazil Date: April 6, 2010

Time: 12:15PM to 1:15PM Where: Pound Hall, Room 332, Harvard Law School Campus

Click here for a campus map. Speaker Bio Diego Faleck … Read More

Negotiate! Radio

Posted by & filed under Daily.

Robert H. Mnookin, author of Bargaining with the Devil:  When to Negotiate, When to Fight, will be interviewed on March 17th, 2010 on Negotiate! Radio.  Negotiate! Radio is a nonprofit community service initiative. Its objectives are to collect and diffuse information on negotiation, mediation, and alternative dispute resolution (ADR), both in theory and by analyzing … Read Negotiate! Radio

Alternative Dispute Resolution in the Federal Government: What’s up at the Federal Energy Regulatory Commission and elsewhere?

Posted by & filed under Daily, Dispute Resolution, Events.

The PON Dispute Resolution Forum and the Harvard Negotiation and Mediation Clinical Program Present: Alternative Dispute Resolution in the Federal Government: What’s up at the Federal Energy Regulatory Commission and elsewhere? with Deborah Osborne, Group Manager, Dispute Resolution Service, Federal Energy Regulatory Commission

Thursday, March 4, 2010 8:00AM Breakfast 8:30AM Talk Pound Hall, Room 335, Harvard Law School Campus How are ADR principles applied … Read More

Harvard Negotiation Law Review Launches New Website

Posted by & filed under Awards, Grants, and Fellowships, Daily, News, Reviews of Books.

The Harvard Negotiation Law Review has just launched a new website!  HNLR.org features a host of articles on Negotiation, Mediation, Arbitration, and other dispute resolution topics, as well as archives of print editions of the journal and other ADR content.  We are always looking for cutting edge material in the field … Read More

2009 Winner of the Roger Fisher/Frank E. A. Sander Student Paper Prize Announced

Posted by & filed under Awards, Grants, and Fellowships, Daily, News.

Congratulations to Sean McDonnell (HLS ’09), the 2009 Fisher/Sander Prize Winner, for his paper “Fighting With Faith: The Role of Religion in Dealing With Modern Conflict.” This prize was established in 2007 by the Program on Negotiation in honor of Professors Roger Fisher, the Williston Professor of Law, Emeritus, and Frank E. A. Sander, the Bussey … Read More

Mediation Pedagogy Conference

Posted by & filed under Daily, Events, Pedagogy at PON, Webcasts.

Registration is now closed for the NP@PON Mediation Pedagogy Conference. Professors Lawrence Susskind (MIT) and Michael Wheeler (Harvard Business School) are pleased to announce a Mediation Pedagogy Conference to be held by Negotiation Pedagogy at the Program on Negotiation at Harvard Law School (NP@PON). This two-day Conference will be held Friday, May 15 and Saturday, May … Read Mediation Pedagogy Conference

Boost your negotiations skills and confidence

Posted by & filed under Daily, Negotiation Skills, Resources, Reviews of Books.

The following book, Negotiation Genius, was co-winner of the 2008 CPR Award for Excellence in ADR (Outstanding Book Category).  It provides clear and methodical advice for preparing for and executing any negotiation, drawing on decades of behavioral research and the experience of thousands of business clients. Whether you’ve “seen it all” or are just … Read Boost your negotiations skills and confidence

Conflict within Companies

Posted by & filed under Conflict Resolution.

Conflict within companies can be very costly, both in time and resources. Alternative Dispute Resolution, or ADR, may be helpful as you consider ways in which you can transition from conflict to productivity within your own organization. The three most common ADR techniques are: mediation, arbitration, and med-arb. During mediation a neutral third party facilitates a … Read Conflict within Companies