arbitrator

An impartial third party with the coercive power to impose terms on the disputants. An arbitrator is not biased in favor of either party and subordinates personal preferences to some set of rules or values. Nor does a pure arbitrator have a sufficient stake in the outcome to bargain with the disputants. (Michael Watkins and Susan Rosegrant, Breakthrough International Negotiations [Jossey-Bass, 2001], 94)

The following items are tagged arbitrator.

“Med-arb”: An Effective Tool for Resolving Disputes

Posted by & filed under Mediation.

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

Bringing Mediators to the Bargaining Table

Posted by & filed under Conflict Resolution, Daily.

Adapted from “Mediation in Transactional Negotiation,” first published in the Negotiation newsletter, July 2004.

We generally think of mediation as a dispute-resolution device. Federal mediators intervene when collective bargaining bogs down. Diplomats are sometimes called in to mediate conflicts between nations. So-called multidoor courthouses encourage litigants to mediate before incurring the costs—and risks—of going to trial.

Scott

What’s Fair in Negotiation?

Posted by & filed under Business Negotiations, Daily.

Adapted from “Being Fair and Getting What You Want,” first published in the Negotiation newsletter.

Imagine that you and your business partner agree to sell your company. You get an offer that pleases you both, so now you face the enviable task of splitting up the rewards.

Some background: Your partner put twice as many hours into

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

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

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

Posted by & filed under Daily, Negotiation Skills.

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

The Ins and Outs of Arbitration

Posted by & filed under Daily, Dispute Resolution.

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

Posted by & filed under Greater Boston PON Network.

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

Are You Overlooking Mediation?

Posted by & filed under Daily, Mediation.

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

Michael Wheeler

Posted by & filed under Affiliated Faculty, PON Affiliated Faculty.

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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.

When We Expect Too Much

Posted by & filed under Business Negotiations.

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.