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.
arbitration
An adjudicative process by which a private third-party neutral renders a binding determination of an issue in dispute. (Michael L. Moffitt and Robert C. Bordone, eds., Handbook of Dispute Resolution [Program on Negotiation/Jossey-Bass, 2005], 318-19)
The following items are tagged arbitration.
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.
Opening Multiple Doors for Dispute Resolution
The Harvard Law School website featured a story about the Ministry of Justice in Chile hosting Harvard Law School Mediation and Clinical Program students Leah Kang (HLS ’12), Teresa Napoli (HLS ’13), and Apoorva Patel (HLS ’13), as well as HNMCP Clinical Instructor and Lecturer on Law Jeremy McClane (HLS ’02) so that the students
“Med-arb”: An Effective Tool for Resolving Disputes
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
Peter Kamminga
Peter Kamminga is Associate Professor of Law at Amsterdam University in the Netherlands and a PON Postdoctoral Research Fellow, specializing in negotiation and contracting of complex infrastructure projects. In his current research Dr. Kamminga examines the influence of legal governance mechanisms on contracting and dispute resolution processes. He has a particular interest in the negotiation and contracting processes of stakeholders involved in infrastructure development and water projects.
Alain Lempereur, PON Executive Committee
Alain Lempereur is the Alan B. Slifka Professor at Brandeis University, and the director of the Masters’ Programs in Coexistence and Conflict at the Heller School for Social Policy and Management. He is a member of the Executive Committee of the Program on Negotiation at Harvard Law School, where he was also a visiting professor. His current research is devoted to responsible negotiation.
Managing conflict in-house
Workplace disputes are inevitable. Employees air grievances, consumers file lawsuits, and strategic partners threaten to fire you and hire your competitor. All too often, such conflicts end up in the courts. In addition to consuming incredible amounts of time and energy, lawsuits often ruin long-standing relationships with suppliers, customers, and shareholders.
Increasingly, organizations are applying the
Negotiators: Don’t Go on a Power Trip
Adapted from “When You Hold All the Cards,” by Guhan Subramanian (professor, Harvard Business School and Harvard Law School), first published in the Negotiation newsletter.
One of your customers has just landed a lucrative new contract, and you’re the only supplier who can add a critical component to that customer’s production process. Concerns about violating your
Harvard Negotiation and Mediation Clinical Program receives Conflict Prevention and Resolution Institute’s 2010 Award
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,
How and When to Negotiate with an Adversary
Robert Mnookin (Samuel Williston Professor of Law; Harvard Law School; Chair, Program on Negotiation at Harvard Law School; author of “Bargaining with the Devil”; co-author of “Beyond Winning”)
What factors determine whether you should negotiate? What things influence the bargaining process? Should you negotiate with your “enemy”? If so, how? In this piece, Robert Mnookin draws
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