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 new cases in the news, however, show that privacy is a nuanced issue in some alternative dispute resolution contexts.
ADR
Alternative dispute resolution (ADR) (also known as external dispute resolution in some countries) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party.
The following items are tagged ADR.
Robert Mnookin Honored by International Academy of Mediators with Lifetime Achievement Award
Program on Negotiation Chair Robert Mnookin was honored by the International Academy of Mediators with a lifetime achievement award during the organization’s fall 2012 conference in Cambridge, Massachusetts.
Managing Conflict Outside of the Courts
In May, Alex Scally, one half of the Baltimore musical duo Beach House, was surprised to hear from fans in Britain claiming that a new song by the band was being used in a Volkswagen television ad. Scally hurried to watch the ad online. He and his partner Victoria Legrand had repeatedly rejected lucrative offers from Volkswagen and its ad agency, DDB, for permission to use Beach House’s 2010 song “Take Care” in an ad, reports James C. McKinley, Jr. in the New York Times.
Roger Fisher Papers Open at Harvard Law School Library
Roger Fisher, one of the cofounders of the Program on Negotiation at Harvard Law School and Samuel Williston Professor of Law, Emeritus, was honored on the 8th of April with a celebration of his career, research, and contributions to both the HLS community and the field of negotiation.
Why You Should Question Your Agent’s “Objective” Advice in Business Negotiations
You’ve found a beautiful condo that you’d like to call your own. You conduct a thorough assessment of its value and identify several other appealing properties in the same neighborhood and price range. Believing you’ve found the magic bid, you phone your real-estate agent.
Crisis Negotiations in Europe
On June 5, another casualty in the European debt crisis emerged, as Spain announced that it soon would be unable to borrow in the bond market without assistance from other European Union nations. Emilio Botin, the chairman of Banco Santander, said about 40 billion euros, or $50 billion, in European funds would be needed to repair Spain’s banking sector, according to Bloomberg News.
Taking ADR Too Far
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, may offer creative solutions, protection of confidentiality, and preservation of important relationships.
Rapport Comes First
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.
According to a recent survey by Northwestern University law professor Stephen Goldberg, veteran mediators believe that establishing rapport is more important than employing specific techniques and tactics.
Negotiating Systems
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 questions.
Frank Sander Honored at American Bar Association 14th Annual Spring Conference
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 Program on Negotiation at Harvard Law School faculty member, for his outstanding scholarly work in the field of dispute resolution.
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