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.
Adapted from “How to Break a Stalemate,” by Frank E. A. Sander (Professor Emeritus, Harvard Law School), first published in the Negotiation newsletter.
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. There are several forms
David Hoffman teaches the Mediation course at Harvard Law School, and has served as a guest lecturer in a variety of PON programs. He is a mediator, arbitrator, and attorney at Boston Law Collaborative, LLC, which he founded in 2003. BLC was the recipient in 2009 of the American Bar Association’s annual Lawyer as
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
David Matz has been active in the conflict resolution field for over 20 years mediating, training and teaching. He has served as Director of the Graduate Program in Dispute Resolution at the University of Massachusetts/Boston since 1986 and on the faculty as a law professor since 1973. In 1989-90, Matz served as Fulbright Professor of
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
Jeswald W. Salacuse is Henry J. Braker Professor of Law at the Fletcher School of Law and Diplomacy, Tufts University, the senior graduate professional school of international affairs in the United States. Salacuse served as The Fletcher School’s Dean for nine years. With broad experience in higher education, international development, and legal practice, he specializes in international negotiation and arbitration, international business transactions, and law and development.
William L. Ury co-founded Harvard’s Program on Negotiation and is currently a Senior Fellow of the Harvard Negotiation Project. He is the author of The Power of a Positive No: How to Say No & Still Get to Yes (2007) and co-author (with Roger Fisher) of Getting to Yes: Negotiating Agreement Without Giving In, an eight-million-copy bestseller translated into over thirty languages.
Michael Wheeler holds the MBA Class of 1952 Professor of Management Practice at the Harvard Business School where he teaches both Complex Negotiation and The Moral Leader, as well as a variety of executive courses. In recent years he served as faculty chair of the first year MBA program and headed the required Negotiation course.
Robert H. Mnookin is the Samuel Williston Professor of Law at Harvard Law School, the Chair of the Executive Committee, Program on Negotiation at Harvard Law School, and the Director of the Harvard Negotiation Research Project. A leading scholar in the field of conflict resolution, Professor Mnookin has applied his interdisciplinary approach to negotiation and conflict resolution to a remarkable range of problems, both public and private.
How often have you heard a friend or colleague refer to a contract as being “in the bag,” only to find out later that the deal didn’t go through? There always turns out to be a good reason a negotiation fell apart. Yet the fact remains that most negotiators are overconfident about their chances of reaching agreement. A common cognitive bias, overconfidence causes us to have unrealistically high expectations of success, in negotiation and in many other aspects of life.
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