dispute


In this FREE special report from the Program on Negotiation at Harvard Law School,  Dispute Resolution, Working Together Toward Conflict Resolution on the Job and at Home, the editors of Negotiation Briefings cull valuable negotiation strategies and curate popular content to provide you with a concise guide on how to improve your dispute resolution skills.

The following items are tagged dispute.

Daily

Leadership Qualities for a Negotiation in Crisis

Posted by & filed under Leadership Skills.

The prospect of a Greek default on its euro-denominated debt has negotiators in Europe scrambling to come up with yet another negotiated agreement to stave off bankruptcy and financial chaos. What negotiation strategies and leadership qualities have the euro-zone leaders shown during the Greek financial crisis? … Read More 

Courses and Training

Practical Lessons from the Great Negotiators

Posted by & filed under 1 Day Courses, executive training.

How did Bruce Wasserstein, former Chairman and CEO of Lazard and one of the most successful dealmakers of all time, negotiate more than a thousand transactions worth hundreds of billions of dollars? How did artists Christo and Jean-Claude overcome the objections of four mayors, as well as numerous boards and New York City residents, to pull … Read More 

Free Report

Spring 2015 Seminar Program Guide

Posted by & filed under Free Report.

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It’s often said that great leaders are great negotiators. But how does one become an effective negotiator? On-the-job experience certainly plays a role, but for most executives, taking their negotiation skills to the next level requires outside training. … Read More 

Daily

International Negotiation: Systems Thinking and Peace Building

Posted by & filed under Conflict Resolution.

Policymakers, practitioners, and academics have seized on the need for peacebuilding negotiation strategies in international negotiations 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 … Read More 

Courses and Training

Mediating Disputes

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

Mediating Disputes is currently full and registration has closed.  To be added to the waitlist for this section, please click here and follow the instructions. The success of any mediation is predicated on the skills of the mediator. In this popular program, you will acquire the practical skills and techniques for facilitating negotiations between disputing parties. From family … Read More 

Free Report

Daily

Business Negotiations and Problems in Dealmaking: Preparing for Sustained Negotiation Success

Posted by & filed under Business Negotiations.

Getting to agreement can be a lot of the battle in business negotiations – but once the agreement is signed, what do negotiators do then? More bargaining according to negotiation research. Preparing yourself for fulfilling the negotiated agreement, or for your inability to comply with it, will help negotiators preserve hard-fought relationships when the deal … Read More 

Courses and Training

The Harvard Negotiation Intensive: A Two-Day Workshop

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

This course is now closed. To be added to the course wait list, please click here and follow the instructions. Whether you’re a vice president, litigator, manager, or transactional attorney, negotiation is central to nearly every professional activity. Systematic and thorough preparation, as well as an ability to manage shared, different, and conflicting interests, is critical … Read More 

Daily

Courses and Training

Negotiation Workshop: Strategies, Tools, and Skills for Success

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

Turn disputes into deals. Transform deals into better deals. Resolve intractable problems. Negotiating effectively requires the ability to change the game – moving away from conflict and toward collaboration. In this intensive, interactive program, you acquire a proven framework for maximizing the value of your negotiation, whether you are behind the bargaining table with a … Read More 

Daily

Courses and Training

Secrets of Successful Dealmaking

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

In corporate dealmaking, much of the action happens away from the negotiating table. Successful dealmakers understand that deal set-up and design greatly influence negotiation outcomes. In this program, you will examine the legal, tactical, and structural elements of dealmaking and acquire practical skills and techniques for navigating difficult tactics and pursuing interest-based negotiations. Whether you … Read More 

Daily

Analyzing the Name Dispute between the Republic of Macedonia and Greece: Twenty Years after the Interim Agreement

Posted by & filed under Daily, Events.

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The Program on Negotiation at Harvard Law School is proud to present Analyzing the Name Dispute between the Republic of Macedonia and Greece: Twenty Years after the Interim Agreement  with

Mr. Matthew Nimetz Personal Envoy of the Secretary-General of the United Nations and

Dr. Daniel Serwer Senior Research Professor of Conflict Management Johns Hopkins School of Advanced International Studies and

Mr. Boshko Stankovski

Graduate Research Fellow, Program … Read More 

Courses and Training

New! Advanced Mediation Workshop: Mediating Complex Disputes

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

You’ve handled numerous mediation sessions with ease. You are confident in your mediation skills, especially between two parties who want a fair resolution. But how do the dynamics change when their lawyers join the session? What happens when the mediation expands to multiple parties who are bringing many issues to the table? Mediators are very … Read More 

Daily

Courses and Training

Daily

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

Posted by & filed under Daily, Events.

paola dimeglio

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 

Courses and Training

Negotiation and Leadership: Dealing with Difficult People and Problems

Posted by & filed under Executive Education Seminars (3 Day Courses), executive training.

It’s often said that great leaders are great negotiators. But how does one become an effective negotiator? On-the-job experience certainly plays a role, but for most executives, taking their negotiation skills to the next level requires outside training. Designed to accelerate your negotiation capabilities, Negotiation and Leadership examines core decision-making challenges, analyzes complex negotiation scenarios, … Read More 

Daily

Courses and Training

Daily

How Does Mediation Work?

Posted by & filed under Mediation.

How does mediation work in practice? As compared with other forms of dispute resolution, mediation can have an informal, improvisational feel. Mediation can include some or all of the following six steps, writes Kimberlee K. Kovach in The Handbook of Dispute Resolution (Jossey-Bass, 2005): 1. Planning. Before mediation begins, the mediator helps the parties decide where … Read More 

The Importance of Sincerity

Posted by & filed under Conflict Resolution.

Most of us have had the experience of delivering an apology that fell on deaf ears. When apologies fail to achieve their aims, poor delivery is usually to blame. In particular, if the recipient thinks your apology is less than sincere, she is unlikely to forgive you. … Read More 

Google’s Approach to Dispute Resolution:

Posted by & filed under Dispute Resolution.

In the face of antitrust charges, Google’s new guiding principle for dispute resolution is “Don’t litigate, negotiate,” according to the Wall Street Journal. In recent years, U.S. and European regulators have accused Google of abusing its dominance in online searches by promoting its own services, such as Google Shopping, at the expense of its competitors’ services. … Read More 

Dispute Resolution Using Online Mediation

Posted by & filed under Mediation.

Suppose you want to hire a mediator to help you resolve a conflict that you’re having with an individual or a company, but for various reasons, meeting face-to-face would be difficult. Perhaps you and the other party are located in different geographic areas. Maybe your dispute originated in an online transaction, and you’ve never even met. … Read More 

BATNA Negotiation Example: Making a Bad BATNA Even Worse

Posted by & filed under BATNA.

Here’s a sobering BATNA negotiation example. On Oct. 31, 2013, Time Warner Cable reported a huge quarterly loss of television subscribers, the largest in its history: 306,000 of its 11.7 million subscribers dropped the company, the New York Times reported. … Read More 

These Examples Illustrate the Importance of Negotiation in Business

Posted by & filed under Business Negotiations.

A number of noteworthy disputes among businesses, organizations, and individuals made headlines in 2013 and demonstrate the importance of negotiation in business. We point out the negotiation angles behind stories first reported by the New York Times, the Wall Street Journal, and other media outlets. Keep an eye out for common themes among these top … Read More 

An Alternative to Traditional Dispute Resolution Instruction

Posted by & filed under Dispute Resolution, Pedagogy at the Program on Negotiation (Pedagogy @ PON).

Many negotiation and mediation instructors draw from other disciplines for a range of purposes. Insights from social psychology, for instance, can help students understand, explain, or predict certain interpersonal and inter-group dynamics. Ideas from economics and game theory can shed light on various value-creation principles. The performing arts, including improvisational theater, can help negotiation students … Read More 

Deciding on Arbitration vs. Mediation? Try Combining Them

Posted by & filed under Mediation.

The choice: arbitration vs. mediation. 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, … Read More 

A Cross Cultural Negotiation Example: How to Overcome Cultural Barriers

Posted by & filed under Conflict Resolution.

After recently losing an important deal in India, a business negotiator learned that her counterpart felt as if she had been rushing through the talks. The business negotiator thought she was being efficient with their time. How can she improve her cross-cultural negotiation skills? Research shows that dealmaking across cultures tends to lead to worse outcomes … Read More 

Dispute Resolution and the Chicago Teachers Union Strike

Posted by & filed under Dispute Resolution.

When a conflict looms, it can be tempting for each side to try to make unilateral decisions on key issues because of the belief that negotiations with the other side will be a dead end. This dispute resolution strategy may pay off in the short term, but it’s important to factor in the long-term costs … Read More 

50th Anniversary of A Behavioral Theory of Labor Negotiations

Posted by & filed under Daily, Events.

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The Program on Negotiation at Harvard Law School invites you to join us for A 50th Anniversary Celebration of A Behavioral Theory of Labor Negotiations with Robert B. McKersie and Richard E. Walton  A live webcast of this event will be available for viewing at 

http://media.fas.harvard.edu/core/live/hls-live.html

Thursday, March 5, 2015 12:00 p.m. Registration opens 1:00  – 5:30 p.m. Program 5:30-6:30 p.m. Reception Wasserstein … Read More 

What Makes a Good Mediator?

Posted by & filed under Mediation.

What makes a good mediator? And how is it that mediators—who themselves lack any power to impose a solution—nevertheless often lead bitter disputants to agreement? … Read More 

Dealmaking: 5 Tips for Closing the Deal

Posted by & filed under Dealmaking.

What to do when you’ve done everything right, but you still aren’t closing the deal? Here are some dealmaking tips from Negotiation Briefings to help you close the deal in your next negotiation session. … Read More 

Can Mediation Settle the James Brown Dispute?

Posted by & filed under Mediation.

Back in 2000, James Brown, the legendary “Godfather of Soul,” signed a will leaving most of his estate—valued up to $100 million—to provide scholarships to needy children. In an audio tape, the musician explained that he hoped to cement his legacy with these good deeds. In the will, Brown also set aside scholarship funds for … Read More 

Teaching Negotiation: A Symposium On Excellence & Innovation For Teachers & Trainers

Posted by & filed under Teaching Negotiation.

This program is designed for anyone who teaches negotiation, dispute resolution, or conflict analysis across any field (e.g., law, business, international relations, social work, peace studies, public policy, urban planning, environmental studies, and engineering). Negotiation trainers who provide on-site or online training to business or community clients should also attend so they can evaluate potential new … Read More 

Dealing with Gender Discrimination

Posted by & filed under Teaching Negotiation.

As you know, gender stereotypes often enter the negotiation process. Women and men are perceived to, and often do, act differently in negotiations. Furthermore, gender-based discrimination—such as less pay, unequal treatment, and sexual harassment—is often a source of conflict. With the resources available through the Teaching Negotiation Resource Center (TNRC), professionals can learn how to … Read More 

To Grade Or Not To Grade? That Is The Question!

Posted by & filed under Teaching Negotiation.

Whether to grade student role-play performance, process and outcomes is a tricky question. Jim Lawrence, a long-time PON contributor, simulation author, attorney and practicing mediator with Frost Brown Todd LLC, recently shared his thoughts on the value and purpose of grading students participating in negotiation simulations. … Read More 

Negotiation Simulations With Global Impact

Posted by & filed under Teaching Negotiation.

International law and diplomacy is a rapidly evolving field that depends on the brokering of agreements between nations and other stakeholders. Whether there are language barriers, cultural differences, or both, some of the most challenging negotiations involve parties from different nations. Because of the relative lack of clear legal precedents and the difficulties of enforcement, … Read More 

Medical Negotiations: Dealing With Life, Death, and Consequences

Posted by & filed under Teaching Negotiation.

Healthcare is one of the largest industries globally, with billions of dollars spent on treatments and research. While healthcare is definitely a “big business,” medical disputes can deeply affect people’s personal lives. The fact that life and death are actual issues in many medical negotiations means the stakes are even higher. To enable participants to gain … Read More 

VIDEO: William Ury on “Getting to Yes with Yourself”

Posted by & filed under Negotiation Skills, Videos.

On January 22nd, 2015, the Program on Negotiation was pleased to welcome back William Ury to Harvard Law School. Ury, a founding member of the Program on Negotiation and co-author of the seminal book Getting to Yes, spoke about his latest book, Getting to Yes with Yourself (and Other Worthy Opponents). Over 250 community members, students, … Read More 

Dispute Resolution and Business Negotiations: Negotiating Under a Blue Moon

Posted by & filed under Dispute Resolution.

Adapted from, “Negotiating Under a Blue Moon,” first published in the June 2009 issue of Negotiation. The following question was posed to our Negotiation Coach for June 2009, Gregory Barron, a professor at Harvard Business School. Question: I am planning to relocate my retail store to an ideal location in a small shopping mall. Aware that I’ve … Read More 

Conflict Resolution Lessons from the Home: How Conflict Management Skills Transform Discord Into Harmony

Posted by & filed under Conflict Resolution.

Every day diplomacy, such as resolving conflicts between family members, can inform negotiation strategies and negotiation techniques employed at the bargaining table. In this article, Bruce Feiler’s New York Times’ article “Lessons in Life Diplomacy” is examined from the perspective of broader dispute resolution and conflict management strategies. … Read More 

How Negotiation Exercises Can Prepare You For Cross-Cultural Negotiations

Posted by & filed under Teaching Negotiation.

The increasingly diverse and global nature of business sets the stage for disputes that can cross ethnic and cultural lines—fueling the need for expertise in cross-cultural negotiations. To help teach these nuances and tactics, the Teaching Negotiation Resource Center (TNRC) has developed several negotiation exercises that address the challenges that are inherent to cross-cultural negotiations. … Read More 

In “Chinatown” Conflict Resolution, the Dust Clears

Posted by & filed under Conflict Resolution.

Using conflict resolution techniques, the city of Los Angeles recently achieved an impressive victory by ending a 100-year battle with California’s Owens Valley over water rights and air pollution. The dispute dates back to the early 1900s, when agents working for the city of Los Angeles, posing as farmers and ranchers, bought up most of the … Read More 

For Conflict Resolution in Asia, A Simple Handshake Could Go Far

Posted by & filed under Conflict Resolution.

When disputes arise between international negotiators, sometimes a simple gesture of reciprocity can turn a boiling conflict into an amicable resolution. In this article the Program on Negotiation explores how a “simple handshake” between the leaders of Japan and the People’s Republic of China helped ease long-held tensions between the two countries. … Read More 

Make the Most of Mediation in Negotiations and Dispute Resolution

Posted by & filed under Mediation.

Negotiations that turn into intractable disputes between negotiators should look to mediators and mediation as a solution to the impasse. Previously the Program on Negotiation has discussed litigation and arbitration as pathways that acrimonious disputes between negotiating parties can take. In this article, mediation is discussed as a method for creating value and resolving disputes … Read More 

Crossed Wires? Negotiation Games To Help Your Business Deal Sidestep Legal, Technical And Emotional Glitches

Posted by & filed under Teaching Negotiation.

What’s faster than the pace of technological development? The pace of lawsuits being filed about the adoption of new technologies, patent infringement, and intellectual property rights. In our modern world, professionals must be able to resolve highly challenging technology-related disputes – often before they reach the courtroom. That’s where the Program on Negotiation’s Teaching … Read More 

International Negotiations: The Surprising Benefits of Conflict in Negotiating Teams

Posted by & filed under International Negotiation.

In December 2008, incoming U.S. president Barack Obama created a stir by appointing Senator Hillary Clinton, his bitter opponent for the Democratic nomination, to be his secretary of state. Could Obama expect loyalty from someone he had traded barbs with for months? Would the risky choice be vindicated, or would it backfire? Some compared Obama’s … Read More 

The Moral Quandary: Negotiation Exercises Featuring Ethical Dilemmas

Posted by & filed under Teaching Negotiation.

In a negotiation, few issues heighten tensions faster than when one party feels that the other party has done something ethically or morally incorrect. To help professionals prepare for times like this, the Program on Negotiation’s Teaching Negotiation Resource Center (TNRC) offers a variety of negotiation exercises designed to teach participants how to handle disputes that … Read More 

Conflict Management: Intervening in Workplace Conflict

Posted by & filed under Conflict Resolution.

Question: I’m aware of lots of unresolved personnel issues that seem to be festering in my department, such as complaints about someone who is not doing his share of the work, another person whose griping is causing a drop in morale, and two coworkers who can’t seem to get along. I’m comfortable negotiating with customers, … Read More 

What are the Three Basic Types of Dispute Resolution? What to Know About Mediation, Arbitration, and Litigation

Posted by & filed under Dispute Resolution.

Suppose that in each case, the parties and their lawyers have exhausted their attempts to negotiate a resolution on their own. They’re ready for outside help in ending their dispute, yet they don’t know where to turn. When it comes to dispute resolution, we now have many choices. Understandably, disputants are often confused about which process … Read More 

Mediation: Negotiating in the Shadow of Crisis

Posted by & filed under Mediation.

The most difficult peace negotiations in recent decades—in Ireland, the Middle East, the former Yugosloavia, and Sri Lanka—were plagued by a common enemy: violent disruptions by spoilers opposed to the peace process. In each of these cases, extremists stalled negotiations by creating security crises that divided public opinion and drove negotiators apart. What can be … Read More 

When Family Business Disputes Require Conflict Resolution

Posted by & filed under Conflict Resolution.

The legacy of Martin Luther King Jr. is marked by lofty ideals like equal rights, peace, and justice. That’s why the news that King’s three surviving children are locked in a “power struggle,” in the words of the Los Angeles Times, that has boiled over into two lawsuits and the need for conflict resolution concerning … Read More 

Not-So-Privileged Information

Posted by & filed under Dispute Resolution.

The law of attorney-client privilege protects certain communications on the assumption that clients will reveal critical information to their attorneys only if they know such disclosures will not harm them in court. Despite the inadmissibility of such evidence, judges can have difficulty disregarding privileged information that sheds light on a case. … Read More 

Negotiation Skills: Overcoming the Not-In-My-Backyard (NIMBY) Syndrome

Posted by & filed under Negotiation Skills.

Lawrence Susskind (Ford professor of Urban and Environmental Planning, The Massachusetts Institute of Technology; author of Built to Win; co-author of Breaking Robert’s Rules and Breaking the Impasse) NIMBY opposition is counterproductive, costly and unnecessary. In this posting, the author explains a proven process for getting around it and settling disputes before they have a chance … Read More 

Powerful Conflict Resolution Games To Help You Teach Negotiation

Posted by & filed under Teaching Negotiation.

From complicated negotiation strategies to artful subterfuge, conflict resolution games are one of the very best ways to prepare for the challenges of real-world negotiation. Games that employ a Prisoner’s Dilemma structure (where rational parties may not cooperate despite their best interests) enable participants to analyze negotiations, make strategic decisions, and anticipate their counterpart’s next … Read More 

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

Posted by & filed under Daily, Events.

HNLR-Logo

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 

Negotiation Simulations Focused On Legal Lessons

Posted by & filed under Teaching Negotiation.

In complex legal negotiations, money, reputations, and sometimes even lives are often at stake. Legal professionals must know how to read and debate the law as well as fully embrace the art and science of negotiation. To help attorneys and other legal professionals become well versed in law and court-based negotiation, the Program on Negotiation’s Teaching … Read More 

Dealing with Difficult People and Negotiation: When Should You Give Up the Fight?

Posted by & filed under Dealing with Difficult People.

Adapted from “When Should You Give Up the Fight?,” first published in the October 2011 issue of Negotiation. Negotiators often fail to recognize when it’s time to walk away from a dispute – a trap that can squander time, money, and reputations. Receive tens of millions of dollars in a mediated settlement, and you might rightly think … Read More 

International Negotiations and Conflict: Tony Blair’s 10 Principles for Dispute Resolution Negotiations

Posted by & filed under International Negotiation.

In his recent memoir, the former world leader shares lessons from the peace process in Northern Ireland. Upon his election as prime minister of Great Britain in May 1997, Tony Blair made peace negotiations in Northern Ireland his first order of business, he recounts in his memoir, A Journey: My Political Life (Knopf, 2010). … Read More 

Business Negotiations and Dealmaking: Weighing Mediation’s Results

Posted by & filed under Mediation.

Question: My business enters into lots of contracts, and disputes sometimes arise. We want to minimize the time and effort needed to resolve these disputes (for both ourselves and our business partners) in addition to increasing mutual satisfaction with the ultimate resolutions. We’re thinking of including a provision in our contracts requiring that all disputes … Read More 

How Case Studies Facilitate Negotiated Agreements

Posted by & filed under Teaching Negotiation.

What do a Nobel Peace Prize recipient, the CEO of an international financial advisory firm, and the former United States ambassador to the United Nations have in common? They’ve all received the Great Negotiator Award. Every year, the Program on Negotiation at Harvard Law School bestows this prestigious honor on distinguished leaders whose lifelong accomplishments in … Read More 

To Avoid the Need for Dispute Resolution, Plan Ahead

Posted by & filed under Dispute Resolution.

When disputes flare up in business relationships, a failure to thoroughly anticipate and prepare for the future is often to blame. Consider a dispute that has arisen surrounding the estate of Maurice Sendak, the acclaimed children’s book author and illustrator of dozens of books, including the masterpiece Where the Wild Things Are. As Randy Kennedy … Read More 

How Negotiation Examples Can Help You Become A Better Mediator

Posted by & filed under Teaching Negotiation.

When opposing parties cannot come to a satisfactory resolution, a strong mediator can make all the difference. By effectively examining the issues at hand and helping parties identify creative solutions, a well-trained mediator builds consensus where there once was none. To help professionals learn the art of mediation, the Program on Negotiation’s Teaching Negotiation Resource Center … Read More 

International Negotiation Skills: Before Apologizing, Consider the Culture

Posted by & filed under International Negotiation.

In 2004, after Japanese regulators shut down Citigroup’s private bank in the country for breaking numerous laws, then-CEO Charles O. Prince made headlines by traveling to Japan, bowing deeply before television cameras, and apologizing for his firm’s mistakes. As unusual as it seemed in American eyes, the public apology was widely seen in Japan as … Read More 

How Negotiation Role-Play Simulations Can Help You Resolve Environmental Disputes

Posted by & filed under Teaching Negotiation.

From complicated land use debates to the regulation of pollutants, environmental negotiations are fraught with dynamic legal, scientific, and societal considerations. Because many of the natural resources in question are limited and fragile, disputes over them can be particularly difficult. To help educate professionals about how to work through challenging environmental and sustainability negotiations, the Program … Read More 

Best-In-Class Negotiation Case Studies

Posted by & filed under Teaching Negotiation.

What’s one of the best ways to teach the art and science of negotiation? Case studies and articles that spark lively discussion or facilitate self-reflection. Based on real-world examples, these teaching resources are designed to help students envision how to apply what they’ve learned in the classroom and beyond. The Teaching Negotiation Resource Center (TNRC) at … Read More 

Detroit Moves Forward, Thanks to Mediation

Posted by & filed under Mediation.

About 15 months after becoming the largest U.S. city to file for bankruptcy, Detroit is on track to begin rebuilding and growing stronger. On November 7, a federal judge approved a plan aimed at ridding the city of its $7 billion in debt and investing about $1.7 billion in city services, the New York Times … Read More 

How Negotiation Games Can Help You Develop Skills to Resolve Business and Commercial Disputes

Posted by & filed under Teaching Negotiation.

Private sector or commercial negotiations can range from relatively straightforward, high-stakes contract negotiations between suppliers and distributors to complex, multiparty negotiations between government, industry, and other interest groups. To help teach these key negotiation skills the Teaching Negotiation Resource Center (TNRC) has developed a wide range of role-play exercises that reflect the full breadth and … Read More 

Difficult Negotiation Going Nowhere? Consider an Apology

Posted by & filed under Dispute Resolution.

If you’ve ever offended a fellow negotiator with words or actions, you know how hard it can be to make amends. In past issues of Negotiation Briefings (February 2009, June 2010), we have described how effective a simple apology can be in bringing parties back together and restoring trust. … Read More 

In Rome, Conflict Management Turns Operatic

Posted by & filed under Conflict Resolution.

When financial disputes arise between longstanding partners, both insiders and outsiders often note, “It’s not about the money.” Simmering resentment, mutual blame for ongoing problems, poor communication, and other deep issues often underlie arguments over money and make conflict management all the more difficult. Parties may reach agreement on monetary issues, but if they fail … Read More 

Fighting For Your Livelihood

Posted by & filed under Teaching Negotiation.

From brokering a deal to negotiating a sale, there are many disputes that happen at work. Among the most challenging are those involving employers and employees. That’s the case with Binder Kadeer: Consultation in the Company, a negotiation exercise brought to you by the Program on Negotiation’s Teaching Resource Center (TNRC). … Read More 

Dealing with Difficult People: Coping with an Insulting Offer

Posted by & filed under Dealing with Difficult People.

The following “Ask the Negotiation Coach” question was posed to Dwight Golann, Suffolk University Law School professor and negotiation expert: Question: I deal with legal disputes and would like to find reasonable solutions without wasting years in court. But my opponents seem to feel compelled to make extreme—actually, insulting—opening offers. How should I respond? … Read More 

Dispute Resolution with Spotify? Taylor Swift Shakes It Off

Posted by & filed under Dispute Resolution.

In negotiation, our success often hinges on our bargaining power—which in turn can depend on forces beyond our control. That truism was highlighted in two recent disputes arising from business negotiations over the pricing of copyrighted material in the digital era, one from the music world, the other from publishing. First, country-music star Taylor Swift … Read More 

Teaching Negotiation: The Art of Case Study Writing

Posted by & filed under Teaching Negotiation.

Jim Sebenius, the Gordon Donaldson Professor of Business Administration at Harvard Business School, and Director of the Harvard Negotiation Project, addressed these questions in his presentation at the NP@PON Faculty Dinner Seminar on October 7, 2010. His article, “Developing Negotiation Case Studies,” began as a memo to a novice case writer about how to write … Read More 

Four Negotiation Strategies for Resolving Values-Based Disputes

Posted by & filed under Dispute Resolution.

In many negotiations, both parties are aware of what their interests are, and are willing to engage in a give-and-take process with the other party to come to agreement. In conflicts related to personal identity, and deeply-held beliefs or values, however, negotiation dynamics can become more complex. Parties may not be willing to make any … Read More 

Build On Your Past Success in Business Negotiations

Posted by & filed under Business Negotiations.

For fans of AMC’s hit show Mad Men, the news was terrible. In late March 2011, the network publicly confirmed that the fifth season of the show, originally set to air summer of 2011, would not air until early 2012. A contract dispute with the show’s creator, producer, and head writer, Matthew Weiner, had held … Read More 

Panda Diplomacy and Business Negotiations: Applying Soft Power

Posted by & filed under Business Negotiations.

In 2011, Emiko Okuyama, the mayor of Sendai, Japan, launched a negotiation that, at the time, seemed relatively straightforward. Sendai had been devastated by the earthquake and tsunami that hit Japan earlier that year. In hopes of lifting the spirits of children traumatized by the natural disasters, Okuyama and other local officials came up with … Read More 

Mediation: Negotiating a More Satisfactory Divorce

Posted by & filed under Mediation.

We’ve all heard nightmarish stories of divorce battles that take years—and cost a small fortune—to resolve. The task of negotiating child and spousal support, dividing property and other possessions, and establishing child-custody arrangements can be daunting, especially when the principals are barely speaking to each other. In the worst-case scenario, bitter spouses hire cutthroat lawyers … Read More 

Dealmaking: Don’t Wait for Them to Blink

Posted by & filed under Dealmaking.

Adapted from “Negotiators: How You Can Avoid Striking Out,” first published in the December 2012 issue of Negotiation. In labor disputes, negotiators on both sides are likely to overestimate the odds that the other side will view their proposals as fair. In fact, however, self-serving perceptions of what constitutes a fair settlement can cause negotiators to … Read More 

PON Graduate Research Fellow Vera Mironova Published by Foreign Policy

Posted by & filed under International Negotiation.

Every year, the Program on Negotiation (PON) honors distinguished scholars with a Graduate Research Fellowship that provides support for one year of dissertation research and writing in negotiation and related topics in alternative dispute resolution. These grants promote negotiation research and are awarded to candidates in the social sciences and professional disciplines who are currently … Read More 

Negotiation Case Studies: Teach By Example

Posted by & filed under Teaching Negotiation.

There are good negotiators and there are great ones. Once a year, the Program on Negotiation at Harvard Law School selects an outstanding individual who embodies what it means to be a truly great negotiator. To earn the Great Negotiator Award, the honoree must be a distinguished leader whose lifelong accomplishments in the field of dispute … Read More 

In Business Negotiations, Restraint Can Be Key—Even in High Fashion

Posted by & filed under Business Negotiations.

When employees leave an unsatisfying job, the feeling of relief they feel sometimes motivates them to explain their decision to whomever will listen. But that tendency can backfire and necessitate tense business negotiations, as a recent story from the world of high fashion illustrates. In November 2012, designer Nicolas Ghesquière startled the fashion world with … Read More 

Lawyers in Mediation and the Mediation Process

Posted by & filed under Dispute Resolution.

How does the presence of lawyers affect the process of mediation? You might guess that when one or both sides bring an attorney to a mediation, the process would become more contentious and adversarial, with impasse more likely, than if the parties worked solely with a mediator. That conventional wisdom is contradicted by new research … Read More 

Conflict Resolution: When Forgiveness Seems Elusive

Posted by & filed under Conflict Resolution.

In the aftermath of events ranging from the Catholic Church’s child sexual abuse scandal to the 1994 Rwandan genocide, victims have received apologies from those who caused or perpetuated their suffering. Yet those who have been harmed are not always willing or able to forgive. In the context of business negotiations, when a counterpart apologizes … Read More 

Capture the Best of Mediation and Arbitration with Med-Arb

Posted by & filed under Mediation.

The problem: You’re not sure which of the two most 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 … Read More 

Dispute Resolution: Mandatory Arbitration Under Fire

Posted by & filed under Dispute Resolution.

A shake-up is afoot regarding large companies’ use of mandatory arbitration to settle disputes with consumers. Until now, if you got into a dispute with your credit card or cell-phone provider, you might have to sort it out in arbitration even if you’d rather file a lawsuit. Buried in the fine print of many consumer … Read More 

Conflict Management Skills and Techniques: The Benefits of Taking Your Dispute Public

Posted by & filed under Conflict Resolution.

Given the frequency with which companies air their private grievances, there must be an upside to going public, right? In fact, there are several. First, once you’ve threatened to take your dispute public, following through demonstrates your willingness to stand by your words. In addition, being in the spotlight can motivate both sides to address their differences with … Read More 

In Dispute Resolution, A Tale of Two Arthurs

Posted by & filed under Dispute Resolution.

In the business world, long-term loyalty to a CEO is supposed to be a good thing. For New England supermarket chain Market Basket, however, employees’ reverent appreciation for their former chief and co-owner, Arthur T. Demoulas, has proved to be destructive to the business in the short term, causing employee and customer protests as well … Read More 

Conflict Management Techniques: Should You Take Your Dispute Public?

Posted by & filed under Conflict Resolution.

To turn up the heat on opponents, negotiators sometimes advertise their grievances. Here’s negotiation skills advice on when it’s a good idea to be vocal—and when to keep talks private. The decision seemed nonsensical. Early on the morning of March 7, 2010, with the Academy Awards telecast just hours away, the Walt Disney Company pulled the signal on … Read More 

On Facebook, Dispute Resolution Goes Live

Posted by & filed under Dispute Resolution.

Facebook recently faced widespread criticism for conducting a psychology experiment on about 700,000 of its users without their informed consent. In the study, Facebook researchers manipulated users’ moods by exposing them to more positive or more negative posts than usual. Now CNNMoney reports that Facebook has been engaged in a more benign and possibly … Read More 

Bullard Houses Role-Play Simulation Helps Researchers Explore Gender Inequality

Posted by & filed under Teaching Negotiation.

In a recent Slate.com article, writer and PhD in Psychology Jane Hu described the findings of a research study by Professor Laura J. Kray, University of California, Berkeley. Kray, along with co-authors Jessica Kennedy, PhD, and Alex Van Zant, PhD, investigated the role gender played in negotiation and focused specifically on whether the stereotype of … Read More 

Three Questions to Ask About the Dispute Resolution Process

Posted by & filed under Dispute Resolution.

Dispute resolution is often a multistep process that can start with negotiation, move on to mediation, and, if necessary, end in arbitration or litigation. This progression allows parties to start off, quite naturally, with less-expensive, less-formal procedures before making bigger commitments of money and time. Still, there may be situations in which you wonder if it would … Read More 

Conflict Management: Mediation Used in Dispute Resolution Over Art Museums

Posted by & filed under Mediation.

Two art museums have been at the center of disputes involving their host cities, Detroit, Michigan, and North Miami, Florida. In both cases, the question of who owns the museums’ collections and the museums themselves is at stake. Also in both cases, the interested parties have turned to mediation to break the impasse. Beginning in Detroit, … Read More 

In Dispute Resolution, Change the Game—and the Name

Posted by & filed under Dispute Resolution.

Suppose that two businesses have similar sounding names. The similarity is confusing to customers, or could be down the line. One of the businesses decides to do something about it. How can they engage in a successful dispute-resolution process? Two recent conflicts over business names went in different directions. First, a public dispute broke out … Read More 

At the Met, Conflict Management in a Minor Key

Posted by & filed under Conflict Resolution.

This spring, the Metropolitan Opera opened labor talks with the 16 unions representing its workers, whose contracts all expire at the end of July, the New York Times reports. Labor and management agree on one fundamental point—that the opera is struggling financially amid falling ticket sales, a depleted endowment, and growing expenses. Perhaps not surprisingly, … Read More 

The Consensus Building Institute Honors Program on Negotiation Faculty Member Lawrence Susskind with New Fellowship

Posted by & filed under Negotiation Skills.

The Consensus Building Institute (CBI) based in Boston, Massachusetts and in Washington, DC has honored Program on Negotiation faculty member Lawrence Susskind with its creation of a one-year graduate student fellowship that offers the successful candidate the opportunity to work with CBI in Boston or DC on an area of focus for bot CBI and … Read More 

Dealmaking: Before You Sign on the Dotted Line

Posted by & filed under Dealmaking.

When times are tight, contracts are often broken. These days, parties on both sides of sales agreements are struggling to fulfill their promises, and contract workers are having trouble getting paid by their employers. The result? Damaged relationships, lost business, and lawsuits. When you do manage to find new business partners in this climate, it can … Read More 

When Dealmaking Breaks Down, Take the High Road

Posted by & filed under Dealmaking.

When a negotiation reaches an impasse, it can be tempting to use threats and punishment to try to coerce the other side into conceding. That may be happening in a dispute between Amazon and Hachette, one of the largest New York publishers, as reported in the New York Times. In recent years, Amazon has been playing … Read More 

2014 Winner of the Raiffa Doctoral Student Paper Award

Posted by & filed under Negotiation Skills, Students.

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 

For Detroit Pensioners, Dispute Resolution Pays Off

Posted by & filed under Dispute Resolution.

On April 15, Detroit city employees and retirees breathed a huge sigh of relief after the city’s emergency manager and its pension fund managers reached a deal that would significantly reduce proposed cuts to pension benefits, CNNMoney reports. Some civilian workers will face a 4.5% reduction in pensions and lose cost-of-living adjustments. Retired public-safety workers … Read More 

Status Anxiety in Business Negotiations

Posted by & filed under Business Negotiations.

Sometimes in negotiation we are forced to deal not only with the issues on the table but also with concerns about status. One famous instance took place in the late 1980s, when Robert Campeau, head of the Campeau Corporation and then one of Fortune magazine’s “50 Most Fascinating Business People,” tried to acquire Federated Department tores, … Read More 

Conflict Management – What You Need to Know Before You Click “Like”

Posted by & filed under Conflict Resolution.

A new conflict-management policy from General Mills, the food company behind products such as Cheerios, Bisquick, and Betty Crocker, may lead it to lose some friends on social media. The manufacturer recently added language to its website alerting consumers that they relinquish their right to sue the company simply by downloading coupons, “liking” General Mills on … Read More 

Low-Drama Negotiation Skills at the “Late Show”

Posted by & filed under Negotiation Skills.

Just one week after David Letterman revealed his decision to leave his long-running talk show, the Late Show with David Letterman, CBS announced that comedian Stephen Colbert would be his replacement. The negotiations surrounding the changing-of-the-guard were remarkably business-like and calm for the tumultuous world of late-night television. Letterman debuted his show Late Night in 1982 … Read More 

Have You Negotiated How You’ll Negotiate?

Posted by & filed under Negotiation Skills.

A large pharmaceutical company was engaged in licensing negotiation with a small biotech firm over the terms of a technology transfer. When the talks reached a standstill over royalty rates, the two sides began an all-weekend marathon session. Each side came armed with supporting arguments and data, but, by Sunday afternoon, they had failed to converge toward … Read More 

Program on Negotiation to honor Ambassador Tommy Koh as 2014 Great Negotiator

Posted by & filed under International Negotiation.

Join us for a conversation with Ambassador Tommy Koh of Singapore, the recipient of the 2014 Great Negotiator Award. This public program will feature panel discussions with Ambassador Koh and faculty from the Program on Negotiation and the Future of Diplomacy Project. The award recognizes Ambassador Koh for his work as chief negotiator for the … Read More 

Maintaining Your Power

Posted by & filed under Conflict Resolution.

Adapted from “You Are Too Powerful for Your Own Good?” by Ann E. Tenbrunsel for the September 2005 issue of Negotiation. Given the pitfalls of having a position of relative power [LINK], what is a powerful negotiator to do? By following these steps, you can keep your edge while encouraging cooperative, rather than competitive, behavior. … Read More 

You Have Less Information Than You Think

Posted by & filed under Business Negotiations.

Most negotiators understand the importance of preparation and will dedicate significant time and energy to analyzing important negotiations in advance. Chances are, however, that powerful negotiators will undertake less informative and less accurate analyses than their weaker counterparts will. For instance, in a hypothetical salary raise negotiation, a negotiator may be so confident of her contributions that … Read More 

You Aren’t Invincible

Posted by & filed under Conflict Resolution.

In a hypothetical raise negotiation, suppose you find out that your peers have told your boss disparaging and blatantly untrue stories about your interactions with customers. You feel shocked and upset by their betrayal; you always believed that you had a good relationship with you coworkers. It never crossed your mind that they would attempt to … Read More 

Umbrella Agreements, Consensus Building in the Arctic, and Negotiation in Social Enterprises: New Research from PON Fellows and Scholars

Posted by & filed under Daily, Events, PON Graduate Research Fellowships, Students.

Every year the Program on Negotiation sponsors fellows and visiting scholars while they research and write about topics important to the fields of negotiation and mediation. This lunch provides an opportunity for this year’s two Graduate Research Fellows, Alexandros Sarris and Sarah Woodside, and Visiting Scholar Stefanos Mouzas to share their findings with the negotiation … Read More 

Resolve Employee Conflicts with Mediation Techniques

Posted by & filed under Mediation.

Workplace conflicts between coworkers and managers and employees is a common occurrence. How should a skilled negotiator approach such a challenging bargaining situation? Using mediation skills to help reach agreement and resolve intractable disputes between coworkers, family, or friends and the benefits of such an approach are discussed in this article. … Read More 

Top 10 Negotiation Failures of 2013

Posted by & filed under Negotiation Skills.

Here’s a list of some of the most notable negotiation flops of the past year – from deals that were over before they started, to those that were botched at the table, to those that proved disastrous well after the ink had dried. … Read More 

Top 10 International Negotiations of 2013: Apple’s Apology in China

Posted by & filed under International Negotiation.

In China this April, Apple CEO Timothy D. Cook made the unusual move of apologizing to Chinese customers for his company’s warranty policy and promised to make amends, the New York Times reports. On March 15, International Consumers’ Day in China, the nation’s largest state-run television network criticized Apple for giving iPhone customers in China a … Read More 

Top Business Negotiations of 2013: Time Warner versus CBS

Posted by & filed under Business Negotiations.

On October 31, 2013, Time Warner Cable reported a huge quarterly loss of television subscribers, the largest in its history: 306,000 of its 11.7 million subscribers had dropped the company, the New York Times reports. The bad news has been attributed largely to an impasse with television network CBS over fees, which led to Time … Read More 

Top Business Negotiations of 2013: Fiat’s Pursuit of Chrysler

Posted by & filed under Business Negotiations.

In 2009, when Chrysler on the verge of financial collapse, the Treasury Department negotiated a swift solution to save it from extinction. Chrysler would go into bankruptcy, and then its ownership would be divided up, with the majority going to a Chrysler union workers’ health-care trust, 20% to Italian automaker Fiat, 10% to the U.S. … Read More 

Top Business Negotiations of 2013: Apple versus Samsung

Posted by & filed under Business Negotiations.

In August 2012, a California jury ruled that Samsung would have to pay Apple more than $1 billion in damages for patent violations of Apple products, particularly its iPhone. The judge eventually reduced the payout to $600 million. In November 2013, another jury ruled that Samsung would have to pay Apple $290 million of the … Read More 

Mediation: Choosing the Right Mediator

Posted by & filed under Mediation.

When choosing a mediator, keep in mind that you need not accept the proposals that he makes. In other words, you have total power to prevent mediation from leading to undesirable outcome. As a result, the only risk of mediation is that you will spend time and money without reaching agreement. Indeed, one Fortune 100 … Read More 

Program on Negotiation Welcomes Visiting Scholar Stefanos Mouzas

Posted by & filed under Daily, News.

Stefanos Mouzas is Professor of Marketing and Strategy at Lancaster University Management School in England, where he is also affiliated with the Center of Law and Society. He received his B.Sc. (Economics) from the University of Athens, LL.M. (Contract Law) from University of Bristol, and Ph.D. (Marketing) from Lancaster University. He was Visiting Professor … Read More 

Mediation Expertise is What You Need

Posted by & filed under Mediation.

When a negotiation escalates into a dispute, most managers understand the value of seeking out a mediator for professional assistance with the matter. The question of whom to hire, however, is less clear-cut. What type of expetise should your mediator have, and where should you look for her? In this article, we will walk you … Read More 

The Program on Negotiation’s MIT-Harvard Public Disputes Program Releases “Collaborative Approaches to Environmental Decision-Making” Case Studies

Posted by & filed under Conflict Resolution, MIT-Harvard Public Disputes Program.

The MIT-Harvard Public Disputes Program, one of the Program on Negotiation at Harvard Law School’s many research programs, acts as a center for research committed to thinking about and resolving disputes in the public sector. Led by its Director and Program on Negotiation executive committee member Lawrence Susskind, the MIT-Harvard Public Disputes Program conducts research … Read More 

What If We Have the Same Social Motive at the Bargaining Table?

Posted by & filed under Dealmaking.

When two people share the same motive, they fall prey to the same flaws and reinforce each other’s failings. Consider a labor negotiation in which the chief management negotiator withholds information about revenue projections, while the labor leader holds back details about workforce sentiment. Impasse is the predictable result. When you’re negotiating with a fellow … Read More 

How Mental Shortcuts Lead to Misjudging

Posted by & filed under Negotiation Skills.

Judges don’t make decisions based on a thorough accounting of all the relevant and available information. Instead, like all of us, they rely on heuristics – simple mental shortcuts – to make decisions. As many past articles have noted, heuristics often lead to good decisions, but they can also create cognitive blinders that produce systematic … Read More 

Program on Negotiation Faculty On How To End the US Government Shutdown

Posted by & filed under Conflict Resolution.

The Washington Post’s “On Leadership” column by Jenna McGregor asked renowned negotiation experts on how the government shutdown in Washington, DC could be ended at the bargaining table. Among the experts interviewed were Robert Mnookin, Chair of the Program on Negotiation at Harvard Law School (PON) and author of Bargaining With The Devil: When To Negotiate, … Read More 

How Inadmissible Evidence Leads to Misjudging

Posted by & filed under Conflict Resolution.

Throughout the litigation process, judges gain new information at settlement conferences, motion hearings, discovery disputes, and the trial itself. Inevitably, some of this information, though relevant to the case at hand, will be inadmissible under the rules of evidence. Unfortunately, informational blinders can prevent judges from disregarding this information when making decisions. … Read More 

Ambassador Tommy Koh of Singapore Named the Great Negotiator by the Program on Negotiation and the Future of Diplomacy Project

Posted by & filed under Great Negotiator Award, International Negotiation.

The Program on Negotiation, an inter-university consortium of Harvard, MIT, and Tufts, and Harvard’s Future of Diplomacy Project have named Ambassador Tommy Koh of Singapore the recipient of the 2014 Great Negotiator Award. In public events at Harvard planned for the afternoon of Thursday, April 10, 2014 (details to be announced), participants will honor Koh’s … Read More 

In Conflict Management, The Devil is in the Details

Posted by & filed under International Negotiation.

Negotiators engaged in conflict management are commonly advised to focus on the big picture, but sometimes it’s the smaller signs that can derail an agreement. That was literally the case in July when the U.S. government’s plans to engage in peace talks with the Taliban were scuttled over a simple sign and other symbols, as Dion … Read More 

Dispute Resolution in China: Apple Apologizes for Warranty Policies

Posted by & filed under Dispute Resolution.

In China this April, Apple CEO Timothy D. Cook made the unusual move of apologizing to Chinese customers for his company’s warranty policy and promised to make amends, the New York Times reports. On March 15, International Consumers’ Day in China, the nation’s largest state-run television network criticized Apple for giving iPhone customers in China a … 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 

For Better Negotiation Training, Study the U.S. Government’s Mistakes

Posted by & filed under Negotiation Training.

Business professionals seeking to improve their negotiation training can learn a great deal from the mistakes made in newsworthy negotiations. To take one recent example, Steven M. Davidoff of the New York Times’ “DealBook” recently analyzed how the U.S. governments rushed negotiations to save U.S. automaker Chrysler led to a costly long-term problem. … Read More 

Mind Mapping: A New Negotiation Skill?

Posted by & filed under Negotiation Skills.

To your negotiation toolkit, consider adding a new skill: mind mapping. In a recent article in the Wall Street Journal, Zack Anchors describes how financial advisor Rob O’Dell of Wheaton Wealth Partners of Wheaton, Illinois used the unconventional technique in an attempt to help a client negotiate the sale of his shares of the family business … Read More 

Mediating Tragedy: Managing the Boston Victim’s Compensation Fund

Posted by & filed under Mediation.

In mid-May, about a month after the Boston Marathon bombings of April 15, lawyer and mediator Kenneth Feinberg stood in an auditorium at the Boston Public Library to address families who had been directly impacted by the tragedy. Feinberg was in charge of administering One Fund Boston, a fund created to distribute donations to the … Read More 

What If You Have to Arbitrate?

Posted by & filed under Dispute Resolution.

The likelihood that a provision for final-offer arbitration in the event of impasse will actually result in arbitration is slim. However, as a precaution, you and your counterpart should agree on an arbitrator before you start negotiating. It’s easier to choose an arbitrator when both sides view arbitration as an unlikely event when arbitration is … Read More 

What to Do Before the Deal Breaks Down

Posted by & filed under Dealmaking.

Whenever one side fails to meet its contractual obligations, renegotiation is more likely to succeed if the parties have a strong relationship. Ideally, the aggrieved party will value long-term relations more than potential gains from a claim for breach of contract. For example, a bank will be more willing to renegotiate a loan with a … Read More 

What’s Wrong with Traditional Arbitration?

Posted by & filed under Mediation.

Traditionally, the arbitrator is not limited to selecting one of the parties’ contract proposals but may determine the contract terms on his own. If negotiators know that impasse will lead to traditional arbitration, they typically assume that the arbitrator will reach a decision that’s an approximate midpoint between their final offers. … Read More 

How Ideology Leads to Misjudging

Posted by & filed under Conflict Resolution.

Planning to resolve a personal or business dispute in court? Before doing so, you should consider carefully what psychologists, political scientists, and legal scholars have learned about judges: their decisions are prone to error and bias. Obviously making a fair judicial ruling can be difficult when the law is murky or the facts are contested. But … Read More 

When Negotiation is Your BATNA: The US Engages on Syria

Posted by & filed under BATNA.

The United States and Russia have announced plans to hold a peace conference aimed at ending the civil war in Syria, which has killed more than 70,000 people. In an op-ed in the New York Times this May, Christopher R. Hill, the dean of the Korbel School of International Studies at the University of Denver and … Read More 

2013 Winner of the Raiffa Doctoral Student Paper Award

Posted by & filed under Negotiation Skills, Students.

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 

HNLR Symposium Review: “Ideas and Impact: Roger Fisher’s Legacy”

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

On March 2, 2013, the Harvard Negotiation Law Review held their 2013 Symposium, entitled “Ideas and Impact: Roger Fisher’s Legacy.” This event celebrated Professor Fisher, co-founder of the Harvard Negotiation Project and the Program on Negotiation. Professor Fisher passed away last summer. During the day-long event, distinguished panelists explored current trends and opportunities for aspiring scholars … Read More 

Announcing the 2013-2014 PON Graduate Research Fellows

Posted by & filed under Daily, Graduate Research Fellowships, PON Graduate Research Fellowships, Students.

The Program on Negotiation Graduate Research Fellowships are designed to encourage young scholars from the social sciences and professional disciplines to pursue theoretical, empirical, and/or applied research in negotiation and dispute resolution. Consistent with the PON goal of fostering the development of the next generation of scholars, this program provides support for one year of … Read More 

PON panel discusses Track II Negotiations, Islands of Coordination and Unilateral Moves in the New Middle East

Posted by & filed under International Negotiation, Middle East Negotiation Initiative, Videos.

On March 4th, the Program on Negotiation at Harvard Law School hosted a panel discussion entitled: “Negotiations by Other Means: Track II, Unilateral Action, Robust Third Party Role and Islands of Coordination in the New Middle East.”    

  The panel featured three veterans of high profile Israeli-Palestinian diplomacy: Ambassador Dore Gold, President of the Jerusalem Center for … Read More 

Managing Group Interactions in Multiparty Negotiations

Posted by & filed under Business Negotiations.

When multiple parties gather to discuss issues, someone has to oversee the group’s efforts, or the process will descend into chaos or stalemate. A negotiation manager should prepare the group’s agenda, establish ground rules, assign research tasks, summarize conclusions, and represent the process to the outside world. … Read More 

Negotiate, Don’t Litigate

Posted by & filed under Conflict Resolution.

When you’re thinking about resolving a dispute in court, it’s crucial to remember that the decision that will be imposed on you is binding. If blinders lead a judge to grant a motion that should be denied, deny a motion that should be granted, assign responsibility to the wrong party, or award too much or … 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 

Dispute Resolution, NHL style

Posted by & filed under Dispute Resolution.

In the early hours of January 6, the National Hockey League (NHL) and the NHL Players’ Association (NHLPA) concluded a 16-hour mediation session by announcing they had reached agreement to end a 113-day lockout. The deal was finalized a week later, and the players returned to the ice for a shortened 2012-2013 season on January … Read More 

Israeli Settlement Withdrawal: Negotiation lessons from the past, and planning for the future

Posted by & filed under Events, International Negotiation, Middle East Negotiation Initiative.

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This presentation by Karen Lee Bar-Sinai and Prof. Robert Mnookin is the fourth seminar exploring the role of urban planning in negotiation, co-sponsored by the Middle East Negotiation Initiative (MENI) at the Program on Negotiation and the Harvard Graduate School of Design. … Read More 

Self-Analysis and Negotiation

Posted by & filed under Negotiation Skills.

“Separate the people from the problem,” advises the best-selling negotiation text Getting to Yes. That’s certainly good counsel when tempers flare and bargaining descends into ego battles, but it’s a mistake to ignore the psychological crosscurrents in negotiation. Unless they are addressed, a deal may never be reached. … Read More 

Keeping the Game Out of Court

Posted by & filed under Business Negotiations.

Sometimes those on opposite sides of a bitter dispute can achieve great gains – if only they can spot the ways in which they are similar. In 2001, the Metropolitan Intercollegiate Basketball Association (MIBA), an organization of five New York-area colleges best known for staging college basketball’s National Invitation Tournament, filed a lawsuit against the National … Read More 

PON Film Series Event: My Neighbourhood Screening with Julia Bacha, Just Vision

Posted by & filed under International Negotiation, Middle East Negotiation Initiative, PON Film Series.

The Program on Negotiation at Harvard Law School and the Middle East Initiative at the Harvard Kennedy School are pleased to present a screening of “My Neighborhood,” a new Just Vision documentary. A panel discussion will be held after the screening with Julia Bacha, director/producer of My Neighbourhood. … Read More 

PON co-sponsors negotiation skills training for Israeli and Palestinian students

Posted by & filed under Middle East Negotiation Initiative, Negotiation Skills, Videos.

Thanks to leadership from the Middle East Negotiation Initiative (MENI) of the Program on Negotiation at Harvard Law School, a series of negotiation skills trainings was recently provided to eleventh grade students from Jewish and Arab schools in Israel.  These two-day workshops, co-sponsored by the Program on Negotiation and the Amal Network and funded by … Read More 

Overconfidence About Future Failure or Success: Limiting Strategic Miscalculation in Business Negotiations

Posted by & filed under Negotiation Skills.

Over-precision doesn’t necessarily lead us to think we’re better negotiators than we actually are. Rather, it causes us to trust our initial instincts too much. Sometimes we’re actually overconfident that we’ll perform worse than others. This tendency applies to competitive situations, including negotiation. Those who underestimate their ability to be competitive usually will choose to stay out … Read More 

The Role of Urban Planners in Negotiations: Case Study of Israeli-Palestinian Negotiations

Posted by & filed under Conflict Resolution, Middle East Negotiation Initiative.

Can urban planning tools help negotiators develop creative solutions to complex disputes?  Karen Lee Bar-Sinai, Loeb Fellow at Harvard Graduate School of Design (GSD), recently explored this topic in a talk entitled “The Role of Urban Planners in Negotiations: Case Study of Israeli-Palestinian Negotiations.” The first in a series of seminars co-sponsored by the Middle … Read More 

Penguin Sues Its Own Writers: When Business Negotiations Become Bad PR

Posted by & filed under Conflict Resolution.

In this business world, it’s typically smart practice to keep disputes with key partners private, at least until doing so becomes unfeasible for financial or other reasons. That’s why the book publisher Penguin’s decision to file lawsuits against 12 of its authors for breach of contract is being widely judged as a public relations misstep. … Read More 

Water Diplomacy: Using a Creative Approach

Posted by & filed under Dispute Resolution.

The case of Jordan and Israel shows how even countries at war can negotiate a water agreement if it is framed in non-zero sum terms and trust continues to be built over time. And that is not the only case of a treaty that has succeeded against all odds to bridge conflicting water interests; the … Read More 

Water Diplomacy: Value Creating Approachs to Water Negotiation

Posted by & filed under Conflict Resolution.

Zero-sum thinking emerges when people conceive of water as a fixed resource – one provided by nature in a given quantity that is either static or diminishing. Based on these assumptions, diplomats often focus on what share of the existing water will be given to each entity. Negotiations of this type typically involve decision makers … Read More 

Water Diplomacy: The Role of Science in Water Diplomacy

Posted by & filed under Conflict Resolution.

Scientific and technical knowledge is important in water negotiations, but not in the ways it has often been used. It is counterproductive to use scientific information to justify arbitrary (political) decisions. For example, scientific information about water has increased dramatically over the last several decades, but our ability to manage water resources has not improved … Read More 

In Dispute Resolution, Try Going to the Top

Posted by & filed under Dispute Resolution.

When two parties are attempting to resolve a contentious dispute, the most effective peacemakers may be those at the highest levels. That’s the lesson from recent productive talks between President Obama and Afghan leader Hamid Karzai on the issue of rules for detaining terrorism suspects. … Read More 

Water Diplomacy: Creating Value and Building Trust in Transboundary Water Negotiations – Israel and Jordan, From War to Water Sharing

Posted by & filed under Conflict Resolution.

Most difficulties in water negotiations are due to rigid assumptions about how water must be allocated. When countries (or states) share boundary waters, the presumption is that there is a fixed amount of water to divide among them, often in the face of ever-increasing demand and uncertain variability. Such assumptions lead to a zero-sum mindset, … 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 

Roger D. Fisher, 1922-2012

Choosing to Help

Posted by & filed under Negotiation Skills.

It is the spring of 1997 and I am sitting in Pound 107 while Roger Fisher ’48, Williston Professor of Law, Emeritus, is telling a story about his serving as a weather reconnaissance pilot in World War II. As a teaching assistant for the Negotiation Workshop, I have heard the story at least a dozen … Read More 

The Program on Negotiation Mourns the Loss of Co-Founder Roger Fisher

Posted by & filed under Negotiation Skills.

Roger Fisher, co-founder of the Program on Negotiation and the Harvard Negotiation Project, died on August 25 at age 90. A true pioneer and leader, he helped launch a new way of thinking about negotiation, and he worked tirelessly to help people deal productively with conflict. “Through his writing and teaching, Roger Fisher’s seminal contributions literally … Read More 

2012 Program on Negotiation Fall Open House

Posted by & filed under Daily, Events, Student Events, Students.

Interested in negotiation and conflict resolution? Come to the Program on Negotiation Open House!   The open house will begin at 6:30pm on Wednesday, October 3rd in Milstein East B in the new Wasserstein building, on the Harvard Law School campus. Meet students and faculty interested in Alternative Dispute Resolution and learn how to get involved. Students from the … Read More 

Resolving Conflicts on the High Seas

Posted by & filed under Conflict Resolution.

In negotiation over a limited pool of resources, conflicts often spring up over what constitutes a fair agreement. If two business partners are going their separate ways, they might have different ideas about how their shared assets should be divided, for example. Currently, such a dispute is playing out between China and four of its … Read More 

Is the Devil in the Details?

Posted by & filed under Business Negotiations.

You’re close to a deal, but concerns linger. Some of the contract seems less than precise. What in the world does “reasonable best efforts” mean, for example, or “good faith”? Negotiators in this commonplace situation face a choice: push for more precision now or sign the deal and hope the ambiguities won’t cause trouble down … Read More 

Negotiating with Your Agent

Posted by & filed under Business Negotiations.

Toby knew that Dara was the perfect New York literary agent for him as soon as he heard her friendly, professional voice on the phone. Never mind that 17 other agents had already rejected his book proposal. Dara’s enthusiasm and recent sales convinced him to sign the three-year exclusive contract she mailed to him in … Read More 

Managing Conflict Outside of the Courts

Posted by & filed under Dispute Resolution.

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 … Read More 

Roger Fisher Papers Open at Harvard Law School Library

Posted by & filed under Negotiation Skills.

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. … Read More 

The Darker Side of Perspective Taking

Posted by & filed under Conflict Resolution.

Many negotiation experts recommend that you try to take the other party’s perspective, particularly when attempting to resolve disputes. Recent research by Nicholas Epley of the University of Chicago and Eugene Caruso and Max Bazerman of Harvard University suggests a dark side to this generally sound negotiation advice. The researchers ran a series of experiments … Read More 

When Umbrella Agreements Spring Leaks in Dispute Resolution

Posted by & filed under Dispute Resolution.

Negotiators tend to want the best of both worlds. When reaching an agreement, they want to nail down parties’ respective rights and responsibilities, but they also want to retain the flexibility to deal with ever-changing business conditions. One solution to this apparent dilemma is to craft umbrella, or framework, agreements. (The term umbrella is more commonly … Read More 

Announcing the 2012-2013 PON Graduate Research Fellows

Posted by & filed under Daily, Graduate Research Fellowships, PON Graduate Research Fellowships, Students.

The Program on Negotiation Graduate Research Fellowships are designed to encourage young scholars from the social sciences and professional disciplines to pursue theoretical, empirical, and/or applied research in negotiation and dispute resolution. Consistent with the PON goal of fostering the development of the next generation of scholars, this program provides support for one year of … Read More 

Great Negotiator Award 2012

Posted by & filed under Negotiation Skills.

The Program on Negotiation at Harvard Law School, in conjunction with the Future of Diplomacy Project at Harvard Kennedy School, honored distinguished statesman and former Secretary of State James A. Baker III as the recipient of their Great Negotiator Award for 2012. Secretary Baker served under President George H.W. Bush from 1989 to 1992. A … Read More 

Why Aren’t Mediation and Arbitration More Popular?

Posted by & filed under Daily, Mediation.

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 isn’t the market buying it? J. Maurits Barendrecht and Berend de Vries of the Faculty … 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 More 

Rapport Comes First

Posted by & filed under Conflict Resolution.

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 … Read More 

Corporate Stakeholder Engagement and Mineral Extraction in Colombia

Posted by & filed under Dispute Resolution, MIT-Harvard Public Disputes Program.

I want to make four simple points regarding corporate social responsibility and mineral extraction in Colombia. I presented these ideas several weeks ago at a Harvard Law School seminar sponsored by the Colombian government. We had senior officials present along with a great many Colombian graduate students studying at Boston-area schools. I think these prescriptions … Read More 

Why You Should Make More Than One Offer

Posted by & filed under Dealmaking.

Effective negotiators seek opportunities to create value. By making tradeoffs across issues, parties can obtain greater value on the issues that are most important to them. But how can you be sure you’re making the right offer? Victoria Husted Medvec and Adam D. Galinsky of Northwestern University argued that, in negotiations involving many issues, you can … Read More 

Mediating Better Community Relations in New Orleans

Posted by & filed under Mediation.

On May 14, Susan Hutson, the independent police monitor for the city of New Orleans brought together community stakeholders and police officials to help formulate a program that would allow police officers and citizens to mediate minor disagreements, the New Orleans Times-Picayune reports. Aided by a professional mediator, citizens and officers would sit face to … Read More 

Equal Time in Mediation

Posted by & filed under Mediation.

Some scientists have long tried to identify the key drivers of success in resolving disputes. Several factors have been proposed: individualized contact that goes beyond the superficial, equal status among parties, commitment to a common goal, and institutional support. Studies have shown that when such conditions are met, parties’ attitudes toward one another often improve. Other … Read More 

Mediation in Transactional Negotiation

Posted by & filed under Mediation.

We generally think of mediation as a dispute-resolution device. Federal mediators intervene when collective bargaining breaks down. Diplomats are sometimes called in to mediate conflicts between nations. So-called multi-door courthouses encourage litigants to mediate before incurring the costs – and risks – of going to trial. Scott R. Peppet, a professor at the University of Colorado School … Read More 

Cultural Notes

Posted by & filed under International Negotiation.

As members of organizations and families, we all know from experience that even people with identical backgrounds can have vastly different negotiating styles and values. Nonetheless, we continue to be intrigued by the idea that distinct patterns emerge between negotiators from different cultures. Researchers do confirm a relationship between national culture and negotiation style and … Read More 

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 

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 

Too Many Parties at the Table? Try a Side Deal

Posted by & filed under Conflict Resolution.

When a large number of parties is involved in jointly hammering out a deal or dispute, agreement can be elusive, as illustrated by the failure of recent global climate change negotiations. The difficulty of coordinating a wide range of perspectives and interests often results in delays, disagreement, and impasse. In the article, “Too Big to Succeed? … Read More 

2012 Great Negotiator Award event will honor former Secretary of State James A. Baker, III on March 29th

Posted by & filed under Great Negotiator Award, International Negotiation, News.

The Program on Negotiation (PON) at Harvard Law School and the Future of Diplomacy Project at Harvard Kennedy School (HKS) will jointly honor former U.S. Secretary of State James A. Baker, III with the 2012 Great Negotiator Award on Thursday, March 29, 2012, at the Ames Courtroom, Austin Hall, Harvard Law School. The Great Negotiator Award … Read More 

Moving Forward in Mediation Together

Posted by & filed under Mediation.

The teacher’s federation has qualms with the current education bill’s stipulations regarding the scheduling and terms for mediation between the federation and provincial government. The government is open to further negotiations, but refuses to offer more money. Susan Lambert, president of the British Columbia Teacher’s Federation, asserts that the government is acting in bad faith, … Read More 

Opening Multiple Doors for Dispute Resolution

Posted by & filed under 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 … Read More 

Fight or Flight

Posted by & filed under Negotiation Skills.

Many things factor into whether you choose “fight or flight” when faced with a difficult situation in life. Whether it is a disagreeable coworker or a border struggle between nations, the decisions made at the onset of conflict often determine the tenor of the entire proceeding. Along with information and a good-faith desire for collaboration, knowing … Read More 

PON faculty member leads Water Diplomacy Workshop

Posted by & filed under International Negotiation, Middle East Negotiation Initiative.

This summer, senior Arab and Israeli water negotiators and policymakers will convene in Cambridge, Massachusetts, along with individuals from more than 15 other countries to participate in the Water Diplomacy Workshop (www.waterdiplomacy.org) — a highly interactive, train-the-trainer program designed to help senior water managers improve their capacity to resolve complex water disputes.  The initiative is … Read More 

Navigating the Mediation Process

Posted by & filed under Mediation, Negotiation Skills.

Negotiations have reached an impasse, but both sides agree on one thing: you need help resolving the dispute. You engage a neutral mediator to do just that. Rather than acting as a judge who decides who “wins” or “loses,” a third-party mediator assists parties in reaching an agreement. Negotiators often feel unprepared for mediation. The very … Read More 

New Car Negotiations: Are Women Better than Men?

Posted by & filed under Business Negotiations.

According to a recent report from NPR Morning Edition’s Sonari Glinton, women not only negotiate harder bargains than men when it comes to vehicle purchases, but also they do more extensive preparatory work. Conventional wisdom has always placed the automobile in the realm of the masculine, but the emergence of the prepared and educated female … Read More 

Religious fundamentalism in Palestine and Israel and its impact on women

Posted by & filed under International Negotiation, Middle East Negotiation Initiative, Student Events, The Kelman Seminar.

“Religious Fundamentalism in Palestine and Israel and its Impact on Women” with Laila Atshan Mason Fellow at the Kennedy School of Government and psychologist in Palestine and Dina Kraft Free lance journalist based in Tel Aviv, Israel and Nieman Fellow    Date: Monday, January 30, 2012 Time: 4:00-6:00 PM Where: Weatherhead Center for International Affairs, Knafel Building North, 1737 Cambridge Street, Room N-262 (Bowie Vernon Room). Contact Chair: Donna … Read More 

Dispute resolution through joint fact-finding

Posted by & filed under Conflict Resolution.

Sometimes parties to a dispute disagree on key facts and forecasts but lack the technical or scientific expertise needed to come to a consensus. Suppose, for instance, that a developer is seeking to build a high-rise condominium building in a village that is experiencing a development boom. Longtime residents fight the proposal, arguing that another … Read More 

William Ury interviewed on the NBA lockout

Posted by & filed under Conflict Resolution.

The good news is the lockout is over and the NBA will be back in business on Christmas Day. The bad news is that as a result of the contract dispute, fans across America have been disappointed and millions of dollars have been lost.  Ticket takers, security guards, bars, restaurants and parking lots near the arenas … Read More 

Why your lawyer could be wrong about apologies

Posted by & filed under Conflict Resolution.

If you’ve ever had a minor car accident in which neither you nor the other driver was obviously at fault, familiar advice may have run through your head as you got out of your car: Don’t say you’re sorry! Don’t say you’re sorry! Most of us have been cautioned in such contexts that an apology can … Read More 

Resolving conflict, creating value

Posted by & filed under Negotiation Skills.

Significant business disputes typically involve more than one issue—including disputes that appear to be “just about the money.” Who pays and when? In what form is payment made, with what level of confidentiality, and with what effect on future disputes? In the heat of the moment, disputants too often focus on one conspicuous issue (such as … Read More 

Professor Susskind talks negotiation obstacles

Posted by & filed under Business Negotiations.

Q&A with Professor Susskind, MIT’s Ford Professor of Urban and Environmental Planning, and Vice Chair of the Program on Negotiation at Harvard Law School Q: You’ve taught for years about overcoming organizational obstacles. What are the most common roadblocks to effective negotiations? Typically, obstacles occur at all four stages of the negotiation process. First is the preparation … Read More 

Managing conflict in-house

Posted by & filed under Dispute Resolution.

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 … Read More 

Mediation and conflict resolution

Posted by & filed under Conflict Resolution.

It’s often the case that when two people or organizations try to resolve a dispute by determining who is right, they get stuck. That’s why so many disputes end up in court. There is a better way to resolve your dispute: by hiring an expert mediator who focuses not on rights but on interests—the needs, desires, … Read More 

PON Film Series presents “The Interrupters”

Posted by & filed under Conflict Resolution, Negotiation and Nonviolent Action, PON Film Series, Student Events.

The PON Film Series presents     “The Interrupters” followed by a post-screening discussion with William Ury, co-author of Getting to YES & Gary Slutkin, Executive Director of Chicago’s Ceasefire Date: Tuesday, November 15, 2011 Time: 6:30 PM Location: Ames Courtroom, Austin Hall, Harvard Law School Campus The Interrupters tells the moving and surprising stories of three Violence Interrupters who try to protect their Chicago … Read More 

Are you asking enough questions?

Posted by & filed under Negotiation Skills.

At the time of the final presidential debate between President Jimmy Carter and challenger Ronald Reagan during the 1980 election campaign, the U.S. economy was tanking and the Iranian hostage crisis smoldering. Ronald Reagan used his concluding statement of the debate to address a string of questions to the nation that highlighted Carter’s vulnerabilities: “Are … Read More 

Beyond diplomacy: Embedding peace and conflict transformation processes in Nepal and Lebanon

Posted by & filed under International Negotiation, Student Events, The Kelman Seminar.

“Beyond diplomacy:  Embedding peace and conflict transformation processes in Nepal and Lebanon”

 with Jeff Seul Chairman, Peace Appeal Foundation and

Martin Wahlisch International Lawyer and Researcher, Common Space Initiative (Beirut)    Date: November 8, 2011 Time: 4:00-6:00 PM Where: Weatherhead Center for International Affairs 1737 Cambridge Street, Room K-354, Cambridge MA Contact Chair: Donna Hicks (dhicks@wcfia.harvard.edu). Speaker Bios Jeff Seul, Chairman of the Peace Appeal Foundation, is a partner in … Read More 

Negotiating conflicts of interest

Posted by & filed under Business Negotiations.

Adapted from “Fair Enough? An Ethical Fitness Quiz for Negotiators,” by Michael Wheeler (professor, Harvard Business School), first published in the Negotiation newsletter, March 2004. Imagine that you’ve been negotiating the sale of a property that is owned by your company. The buyer has made an attractive offer that you’ve tentatively accepted. Your boss is pleased … Read More 

Avoid judicial bias with negotiation

Posted by & filed under Conflict Resolution, Daily.

Adapted from “Blind Justice? Think Twice Before Going to Court,” by Chris Guthrie (professor, Vanderbilt University Law School), first published in the Negotiation newsletter, April 2007. Planning to resolve a personal or business dispute in court? Consider that judges don’t make decisions based on a thorough accounting of all the relevant and available information.  Instead, like … Read More 

The late-night-TV disputes

Posted by & filed under Business Negotiations, Daily.

Adapted from “Comedy of Errors: The Late-Night-TV Wars,” first published in the Negotiation newsletter, April 2010. In 2004, NBC asked Jay Leno, the longtime host of The Tonight Show, to yield the show in five years to Conan O’Brien, his younger rival and host of NBC’s Late Night. As the date of O’Brien’s promotion approached, Leno’s Tonight … Read More 

Bargaining with the Devil:
Strategies and Techniques for Negotiating with Tough Opponents

Posted by & filed under Daily, Events.

Bargaining with the Devil A PON Webinar with Professor Robert Mnookin Samuel Williston Professor of Law, Harvard Law School Chair, Program on Negotiation Executive Committee Date: Tuesday, October 4, 2011 Time: 1:00 PM to 2:15 PM ET .

  About the Webinar: From the NFL to state governments, negotiation is in the news these days.  The issues are vastly different, but these two negotiations have one … Read More 

2011 Program on Negotiation Fall Open House

Posted by & filed under Daily, Events, Student Events, Students.

Interested in negotiation and conflict resolution? Come to the Program on Negotiation Open House!   The open house will begin at 6:30pm on Monday, October 3rd in the PON Library, Pound 513, Harvard Law School. Meet students and faculty interested in Alternative Dispute Resolution and learn how to get involved. Students from the Boston area and beyond are welcome … Read More 

Should you deal with the devil?

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Should You Do Business with the Enemy?” first published in the Negotiation newsletter, March 2010. At one time or another, most of us have faced the prospect of negotiating with a sworn enemy—whether a “greedy” sibling, an “evil” ex-spouse, or an “immoral” company. There is no right or wrong answer to the question … Read More 

Involving mediators in settlement talks

Posted by & filed under Conflict Resolution, Daily.

Adapted from “The Mediator as Team Adviser,” by Stephen B. Goldberg (professor, Northwestern University), first published in the Negotiation newsletter, May 2006. When faced with a trial, a corporation sometimes engages one law firm to represent it in court and a second law firm to explore settlement possibilities. According to conventional wisdom, the second law firm … Read More 

When irrationality isn’t the issue

Posted by & filed under Business Negotiations, Daily.

Adapted from “Is Your Counterpart Rational . . . Really?” by Deepak Malhotra (professor, Harvard Business School), first published in the Negotiation newsletter, March 2006. How can you negotiate with someone who seems irrational? First, by questioning whether it is reasonable for you to judge your counterparts as irrational. As it turns out, behavior that negotiators … Read More 

Shuttle diplomacy examined in July issue of Negotiation Journal

Posted by & filed under Daily, Mediation.

In the July 2011 issue of Negotiation Journal, mediator David Hoffman takes a thoughtful look at the role of caucusing in mediation in an article entitled “Mediation and the Art of Shuttle Diplomacy.” The practice of meeting separately with each disputant, while widespread, is not without controversy. Critics have argued that these private sessions give … Read More 

When we expect selfish behavior

Posted by & filed under Daily, Negotiation Skills.

Adapted from “The Darker Side of Perspective Taking,” first published in the Negotiation newsletter, April 2007. Many negotiation experts recommend that you try to take the other party’s perspective, particularly when attempting to resolve disputes. Research by Nicholas Epley of the University of Chicago and Eugene Caruso and Max Bazerman of Harvard University suggests a dark … Read More 

Negotiating ‘Sacred’ Issues

Posted by & filed under Conflict Resolution, Daily.

Adapted from “Break Down ‘Sacred’ Barriers to Agreement,” first published in the Negotiation newsletter, April 2009. As negotiators, we’re trained to believe that almost every issue is ripe for tradeoffs and concessions. At the same time, most of us hold core values that we believe to be non-negotiable. Your family’s welfare, your personal code of ethics, … Read More 

Negotiation training leads to more effective water diplomacy

Posted by & filed under Conflict Resolution.

Negotiation skills are a critical, although often overlooked, aspect of water management, especially in situations where water crosses boundaries. Conflicts arise when water is managed as a fixed or scarce resource, and allocated in a way that assumes some parties will gain while others lose. In a recent blog post, Professor Lawrence Susskind examines … Read More 

Announcing the 2011 PON Summer Fellows

Posted by & filed under Daily, PON Summer Fellowships, Students.

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 More 

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 … Read More 

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

Posted by & filed under Daily, News, Students.

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 

Unlocking Labor Disputes

Posted by & filed under Conflict Resolution, Daily.

Adapted from “How the Writers Got Back to Work,” first published in the Negotiation newsletter, May 2008. When labor talks reach a stalemate, negotiators may be able to get back on track by avoiding extreme demands, thinking carefully about the other side’s point of view, negotiating in smaller groups, and enlisting the help of a neutral … Read More 

Announcing the 2011-2012 PON Graduate Research Fellows

Posted by & filed under Daily, Graduate Research Fellowships, PON Graduate Research Fellowships, Students.

The Program on Negotiation Graduate Research Fellowships are designed to encourage young scholars from the social sciences and professional disciplines to pursue theoretical, empirical, and/or applied research in negotiation and dispute resolution. Consistent with the PON goal of fostering the development of the next generation of scholars, this program provides support for one year of … Read More 

Bargaining with the Devil:
Strategies and Techniques for Negotiating with Tough Opponents

Posted by & filed under Daily, Events.

Bargaining with the Devil A PON Webinar with Professor Robert Mnookin Samuel Williston Professor of Law, Harvard Law School Chair, Program on Negotiation Executive Committee Date: Tuesday, May 17, 2011 Time: 1:00 PM to 2:15 PM ET To register, click here.

  About the Webinar: From the NFL to state governments, negotiation is in the news these days.  The issues are vastly different, but these two … Read More 

Why Classic Cases?

Posted by & filed under Daily, Negotiation Skills, Pedagogy at the Program on Negotiation (Pedagogy @ PON).

Why are some negotiation exercises still used in a great many university classes even twenty years after they were written? In an effort to understand more about the enduring quality of some classic teaching materials, we asked faculty affiliated with PON to explain why they think some role play simulations remain bestsellers in the Clearinghouse … Read More 

How Much Should You Share?

Posted by & filed under Business Negotiations, Daily.

Adapted from “Know When to Show Your Hand,” by Carrie Menkel-Meadow (professor, Georgetown University Law Center), first published in the Negotiation newsletter. Suppose that two entrepreneurs, a marketing expert and an IT specialist, are thinking about merging their consulting firms to create a greater synergy of services. As their talks unfold, each wonders how much information … Read More 

Knocking

Posted by & filed under Daily, Events, PON Film Series, Student Events, Students.

At first glance, Knocking is about Jehovah’s Witnesses, the door-to-door proselytizers we like to hide from. But there’s a bigger story as the film asks whether they are a necessary annoyance in a free society. What if you wanted to speak, publish, worship or live as you choose but belonged to the marginalized group of … Read More 

Dispute Prevention: It’s a Good Idea, Right?

Posted by & filed under Business Negotiations, Daily.

Lawrence Susskind (Ford professor of Urban and Environmental Planning, The Massachusetts Institute of Technology; co-author of Built to Win, Breaking Robert’s Rules and Breaking the Impasse) Putting a dispute handling system in place has been shown to eliminate many disagreements or misunderstandings. So why are some industries reluctant to do so? In this posting, the author … Read More 

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, … Read More 

Prof Mandell Featured on Kennedy School Website

Posted by & filed under Daily, Negotiation Skills.

PON affiliated professor Brian Mandell was interviewed for an article on the Harvard Kennedy School homepage today discussing his intersession course, Advanced Workshop in Multiparty Negotiation and Conflict Resolution. Click here to read the full article. “The class — of which the objective is to develop the next generation of master negotiators — is structured so … Read More 

Let Go of Lawsuits

Posted by & filed under Daily, Dispute Resolution.

Adapted from “Helping Your Adversary to Let Go,” first published in the Negotiation newsletter. Why is it that so many lawsuits aren’t settled until the parties reach the courthouse steps? Sometimes the reason is strategic: each side may be waiting for the other to blink first. Dwight Golann, a legal scholar and veteran mediator, has identified another … Read More 

Remembering Ambassador Richard Holbrooke, a Great Negotiator

Posted by & filed under Daily, Great Negotiator Award.

In 2004, the Program on Negotiation selected Ambassador Richard Holbrooke as the recipient of its Great Negotiator Award. “He was an outstanding and entrepreneurial diplomat, and we are so sorry to learn of his sudden death,” said Professor Robert H. Mnookin, Chair of the Program on Negotiation. “During the day Richard Holbrooke spent with us, … Read More 

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 … Read More 

New PON Teaching Materials About the Work of Martti Ahtisaari, 2010 Great Negotiator Award Recipient

Posted by & filed under Daily, Great Negotiator Award, International Negotiation, Negotiation Skills, Pedagogy at the Program on Negotiation (Pedagogy @ PON).

The Program on Negotiation’s 2010 Great Negotiator Award was given to former Finnish President, Martti Ahtisaari, for his many significant achievements in the fields of negotiation and diplomacy. He was central to the Namibian independence negotiations in the late 1980s. He also served as chief United Nations negotiator to Kosovo from 2005-2006, and was instrumental … Read More 

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 … Read More 

Is Your Possession Really Sacred?

Posted by & filed under Negotiation Skills.

Adapted from “What’s It Worth to You?” by Max H. Bazerman, first published in the Negotiation newsletter. Imagine that a beloved aunt passes away and leaves you a 50-acre parcel of Colorado land. You have often visited the area, and though you never considered owning rural property, the fact that the land has been in your … Read More 

Dueling Experts?

Posted by & filed under Conflict Resolution, Daily.

Adapted from “Battles of the Experts,” first published in the Negotiation newsletter. Sometimes conflict is triggered by honest disagreements over the facts. When one partner buys out another, for example, the two might disagree about the value of the business. Similarly, if a piece of high-tech equipment fails, the manufacturer might point to improper maintenance while … Read More 

The Big Question

Posted by & filed under Daily, Events, International Negotiation, PON Film Series.

A troubled man bursts into your child’s schoolhouse. Without warning, he chases out all the boys and lines the girls up. Then he begins to shoot them one by one. For decades your people’s backs have been broken by the oppressive yoke of Apartheid. Suddenly, the tables are turned and you and your friends are … Read More 

Winning in the New Century Means…

Posted by & filed under Conflict Resolution.

Co-authored by Pierre Pettigrew, Mark Freeman, Robert C. Bordone, Reza Nasri, Balaji Chandramohan In the 21st century, the power to persuade will be a more practical and useful tool for settling disputes than flexing either military or economic muscle. In this posting, Robert C. Bordone, Thaddeus R. Beal Clinical Professor of Law and Director of the Harvard … Read More 

Devilish Contractual Details

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Is the Devil in the Details?,” first published in the Negotiation newsletter. You’re close to a deal, but concerns linger. Some of the contract terms seem less than precise. What in the world does “reasonable best efforts” mean, for example, or “good faith”? Negotiators in this commonplace situation face a choice: push for more … Read More 

When Compromise Fails

Posted by & filed under Daily, Negotiation Skills.

Adapted from “The Dangers of Compromise,” by Max H. Bazerman (professor, Harvard Business School), first published in the Negotiation newsletter. In July 2000, Arthur Levitt, then chairman of the U.S. Securities and Exchange Commission (SEC), held hearings on the question of auditor independence. Believing that auditors’ close ties to their clients posed a conflict of interest … Read More 

Culture and Communication

Posted by & filed under Daily, International Negotiation.

Adapted from “Cultural Notes,” first published in the Negotiation newsletter. As members of organizations and families, we all know from experience that even people with identical backgrounds can have vastly differing negotiating styles and values. Nonetheless, we continue to be intrigued by the idea that distinct patterns emerge between negotiators from different cultures. Researchers do confirm a … Read More 

To Avoid an Impasse, Keep Talking

Posted by & filed under Business Negotiations, Daily.

Adapted from “How the Writers Got Back to Work,” first published in the Negotiation newsletter. What happens when people think they’ve invested too much in a dispute to back down from their entrenched positions? This question rose to the fore as the Writers Guild of America (WGA) West and East’s strike against the Alliance of Motion … Read More 

“Can Ethnic Divisions be Healed for the Good of all Kenyans?”

Posted by & filed under Daily, Events, The Kelman Seminar.

“Can Ethnic Divisions be Healed for the Good of all Kenyans?”

with Robert Rotberg and Gwen Thompkins

Date: October 19, 2010

Time: 4-6 PM Where: CGIS Building, Weatherhead Center for International Affairs, 1737 Cambridge Street, Room N-262, Cambridge MA Contact Chair: Donna Hicks (dhicks@wcfia.harvard.edu). Speaker Bios

Robert Rotberg is Director, Program on Intrastate Conflict and Conflict Resolution, Belfer Center for Science and … Read More 

Fredrik Stanton to Discuss His Book “Great Negotiations: Agreements that Changed the Modern World”

Posted by & filed under Daily, Events, International Negotiation.

“Great Negotiations: Agreements that Changed the Modern World”

with Fredrik Stanton “Words as much as weapons, shape history. Whether to avert, assist, or secure the resolution of a conflict, in the modern age, diplomacy has had great triumphs and bitter failures.” Date: October 13, 2010

Time: 12:00PM to 1:00PM Where: Pound Hall, Room 332, Harvard Law School Campus Bring your lunch. … Read More 

Keep it Out of Court

Posted by & filed under Business Negotiations, Daily.

Adapted from “Turn Disputes into Deals,” by by Robert H. Mnookin (professor, Harvard Law School) first published in the Negotiation newsletter. In 1982, writer and movie producer Art Buchwald wrote a screen treatment that his partner, Alain Bernheim, pitched to Paramount Pictures. Settling upon the title King for a Day, Paramount and Bernheim entered into an … Read More 

Former President Martti Ahtisaari honored with Great Negotiator Award!

Posted by & filed under Daily, Events, Great Negotiator Award, International Negotiation.

The Program on Negotiation at Harvard Law School Will Honor Former President of Finland Martti Ahtisaari with the 2010 Great Negotiator Award Co-sponsored with the Future of Diplomacy Project at the Harvard Kennedy School, the Great Negotiator Event Offers Real-World Negotiation Discussion to All Students For Immediate Release CAMBRIDGE, MA (September 21,  2010) The Program on Negotiation … Read More 

Shakespeare and Negotiation

Posted by & filed under Daily, Events, Negotiation Skills.

“Shakespeare and Negotiation”

with Leo Smyth A not-too-serious concoction of Readings and Reflections on some Shakespearean ideas about the handling of disputes.

Date: September 21, 2010

Time: 12:00PM to 1:00PM Where: Pound Hall, Room 512, Harvard Law School Campus Bring your lunch. Drinks and dessert will be served. Click here for a campus map. Speaker Bio Leo Smyth obtained his Master’s degree in psychology … Read More 

“International Finance and How It Affects the Negotiation of Global Conflicts”

Posted by & filed under Daily, Events, The Kelman Seminar.

“International Finance and How It Affects the Negotiation of Global Conflicts” with Loch Adamson and Richard Parker

Date: September 21, 2010

Time: 4-6 PM Where: CGIS Building, Weatherhead Center for International Affairs, 1737 Cambridge Street, Room N-262, Cambridge MA Contact Chair: Donna Hicks (dhicks@wcfia.harvard.edu). Speaker Bios

Loch Adamson is the London bureau chief of Institutional Investor, a New York-based financial … Read More 

Mediation as Problem-Solving

Posted by & filed under Mediation.

Lawrence Susskind, Ford professor of Urban and Environmental Planning, The Massachusetts Institute of Technology; author of Built to Win; co-author of Breaking Robert’s Rules and Breaking the Impasse Mediation is often thought of as a last step to adjudicate disputes. In this posting, professor Lawrence Susskind spells out the hidden advantages of using mediation early in … Read More 

The 2010 Great Negotiator

Posted by & filed under Daily, Events, Great Negotiator Award, News.

On September 27, 2010, Nobel Peace Prize recipient (2008) and former President of Finland (1994-2000) Martti Ahtisaari will be honored with the 2010 Great Negotiator Award by the Program on Negotiation at Harvard Law School and the Future of Diplomacy Project. Martti Ahtisaari will participate in a faculty led discussion in Spangler Auditorium at Harvard … Read More 

When Power Corrupts

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Does Power Corrupt in Negotiation?” First published in the Negotiation newsletter. How does power affect negotiators? In a study of hundreds of pairs of negotiators, researchers Elizabeth A. Seeley of Amherst College and Wendi Gardner and Leigh L. Thompson of Northwestern University examined this question using a simulation called “Viking Investments” (written by Len … Read More 

Family Matters

Posted by & filed under Dispute Resolution.

Adapted from “All in the Family: Managing Business Disputes with Relatives,” by Frank E. A. Sander (professor, Harvard Law School) and Robert C. Bordone (professor, Harvard Law School), first published in the Negotiation newsletter. What happens when family members go into business together? In a few lucky cases, harmony and success follow without effort. More often, … Read More 

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 … Read More 

When peace breaks out

Posted by & filed under Conflict Resolution, Daily.

Adapted from “Framing a Negotiation to Foster Cooperation,” first published in the Negotiation newsletter. Sometimes in negotiation, against all apparent odds, peace breaks out. Union leaders and management reach a last-minute agreement that averts a work stoppage. Litigants settle their differences as they mount the courthouse steps. Everyone breathes a sigh of relief and moves on. But … Read More 

Cross-cultural negotiations

Posted by & filed under Daily, International Negotiation.

Culture-along with many other variables-often affects international negotiations. The book Culture and Negotiation focuses on the distinctive impact of culture, both in creating unexpected opportunities for dispute settlement and in imposing obstacle to agreement. Part I presents expert views on the nature and limits of culture’s influence on negotiation. Part II comprises the core of … Read More 

Budget turmoil inside a hospital

Posted by & filed under Daily, Negotiation Skills.

The PON Clearinghouse offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. Negotiating Budget Cuts at Newtowne Hospital is a six-person negotiation among hospital administration and employee representatives to reach consensus on budget cuts in three departments. SCENARIO: Dr. Van Hagen, a distinguished heart surgeon, will soon join the staff at Newtowne Hospital, … Read More 

Occupational safety

Posted by & filed under Daily, Negotiation Skills.

The PON Clearinghouse offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. The following role simulation is a six-person integrative negotiation among representatives of a manufacturing company, an occupational safety agency, a union, a local fire department, and a local technical expert to settle claims of safety violations … Read More 

Dealing with pharmaceutical delays

Posted by & filed under Business Negotiations, Daily.

The Clearinghouse at PON offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. Teflex Products is a five-party, multi-issue negotiation among representatives of a pharmaceutical company, a medical drug manufacturer, and three consumer organizations over the delayed release of a new drug. SCENARIO: Midland Pharmaceutical Company has developed Renaid, a breakthrough drug that … 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 

Resolving disputes with respect

Posted by & filed under Daily, Dispute Resolution.

Adapted from “Equal Time,” first published in the Negotiation newsletter. Social scientists have long tried to identify the key drivers of success in resolving disputes. Several factors have been proposed: individualized contact that goes beyond the superficial, equal status among parties, commitment to a common goal, and institutional support. Studies have shown that when such conditions … Read More 

Announcing the 2010 PON Summer Fellows

Posted by & filed under Daily, PON Summer Fellowships.

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 More 

New Teaching Notes for Three Values-Based Mediation Simulations

Posted by & filed under Daily, Mediation, Pedagogy at the Program on Negotiation (Pedagogy @ PON).

NP@PON has developed several new Teaching Notes to accompany the three values-based and identity-based simulations described in the last NP@PON Newsletter.  The simulations are available along with an overview Teaching Note, individual teaching notes for each game, and an Annotated Bibliography. The overview Note offers extensive guidance on how to organize discussions about value-based disputes … Read More 

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

Posted by & filed under Daily, News, Students.

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 

Mediation Curriculum: Trends and Variations

Posted by & filed under Daily, Mediation, Pedagogy at the Program on Negotiation (Pedagogy @ PON).

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 … Read More 

Announcing the 2010-2011 PON Graduate Research Fellows

Posted by & filed under Daily, Graduate Research Fellowships, PON Graduate Research Fellowships.

The Program on Negotiation Graduate Research Fellowships are designed to encourage young scholars from the social sciences and professional disciplines to pursue theoretical, empirical, and/or applied research in negotiation and dispute resolution. Consistent with the PON goal of fostering the development of the next generation of scholars, this program provides support for one year of … Read More 

Teams across cultures

Posted by & filed under Daily, International Negotiation.

Adapted from “Team Negotiating: Strength in Numbers?”, first published in the Negotiation newsletter. According to conventional wisdom, when it comes to negotiation, there’s strength in numbers. Indeed, several experimental studies have supported the notion that you should bring at least one other person from your organization to the bargaining table if you can. On average, this … Read More 

A Discussion with Frank Sander about the Multi-Door Courthouse

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 More 

“The Future of Cuba, Cuban-Americans, and the U.S. Government: Reconciliation or War Crime Tribunals and Property Restitution?”

Posted by & filed under Conflict Resolution, Daily.

“The Future of Cuba, Cuban-Americans, and the U.S. Government: Reconciliation or War Crime Tribunals and Property Restitution?”

with Jorge I. Dominguez and Anita Snow

Date: May 4, 2010

Time: 4-6 PM Where: CGIS Building, Weatherhead Center for International Affairs, 1737 Cambridge Street, Room N-354*, Cambridge MA Contact Chair: Donna Hicks (dhicks@wcfia.harvard.edu). *Please note this event is not in the usual room. Speaker Bios

Jorge I. Domínguez is … Read More 

Who are the founders of PON?

Posted by & filed under Daily, Negotiation Skills.

The Program on Negotiation (PON) is the world’s first teaching and research center dedicated to negotiation, and its founders are among the true pioneers in the field. On April 8, 2003, seven of these founders gathered to reflect on PON’s beginnings in the early 1980s, and on their own journeys as leaders in the field … Read More 

Afghanistan: How to end the violent conflict and promote reconciliation

Posted by & filed under Daily, International Negotiation.

“Afghanistan: How to end violent conflict and promote reconciliation.”

with Ambassador Peter Galbraith Date: April 13, 2010

Time: 4-6 PM Where: CGIS Building, Weatherhead Center for International Affairs, 1737 Cambridge Street, Room N-262, Cambridge MA Contact Chair: Donna Hicks (dhicks@wcfia.harvard.edu). Speaker Bios

Peter W. Galbraith has served in senior positions in the US Government and the United Nations. Most recently, he was Deputy … Read More 

The threat of bad publicity

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Driving the Deal Home,” first published in the Negotiation newsletter. Having trouble convincing someone to follow through on a promise? Borrow a page from the National Baseball Hall of Fame and Museum’s playbook. In September 2007, fashion designer Mark Ecko purchased Barry Bonds’ record-setting 756th home run ball in an online auction for $752,467. After … Read More 

Eyeing the Competition

Posted by & filed under Business Negotiations.

Ford vs. GM. Coke vs. Pepsi. Oxford vs. Cambridge. These famous rivalries remind us that the top two achievers in a given realm often compete fiercely with each other. Researchers Stephen M. Garcia and Richard Gonzalez of the University of Michigan and Avishalom Tor of the University of Haifa have produced a useful series of … 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 

How to Avoid a Do-Over

Posted by & filed under Business Negotiations.

Remember that big sales contract you negotiated last fall, the one that got you a fat year-end bonus? Well, your manufacturing department has just told you that delivery will be two months late. So now it’s your job to persuade your customer to accept a new date without canceling the deal. And that’s not all. … 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 More 

A more cooperative divorce

Posted by & filed under Negotiation Skills.

Adapted from “Negotiating a More Civil Divorce,” first published in the Negotiation newsletter. In the United States, lawyers who recognize the benefits of collaborative negotiation are sometimes stymied by vengeful clients and ruthless opposing counsel.  Many attorneys put up with a contentious settlement process in which litigation is a threat. Yet some U.S. lawyers have begun … Read More 

First, know thyself

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Self-Analysis and Negotiation,” first published in the Negotiation newsletter. “Separate the people from the problem,” advises the bestselling negotiation text “Getting to Yes”. That’s certainly good counsel when tempers flare and bargaining descends into ego battles, but it’s a mistake to ignore the psychological crosscurrents in negotiation. Unless they are addressed, a deal may … Read More 

The India-Pakistan Peace Initiative: The Role of GEO TV Network

Posted by & filed under Daily, Events, International Negotiation, The Kelman Seminar.

“The India-Pakistan Peace Initiative: The Role of GEO TV Network”

with Mir Ibrahim Rahman, CEO, GEO TV Network

Date: March 9, 2010

Time: 4-6 PM Where: CGIS Building, Weatherhead Center for International Affairs, 1737 Cambridge Street, Room N-262, Cambridge MA Contact Chair: Donna Hicks (dhicks@wcfia.harvard.edu).

Speaker Bio Mir Ibrahim Rahman (MIR), CEO of GEO TV Network, has been at the helm … Read More 

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 

Caught in the middle

Posted by & filed under Daily, Negotiation Skills.

Adapted from “When You’re Stuck in the Middle,” by Susan Hackley (Managing Director, Program on Negotiation), first published in the Negotiation newsletter. At a company in a Midwestern city, employees were divided into two camps: those loyal to the founder and his vision of a mom-and-pop business with a dozen regional stores, and those aligned with … Read More 

PON Professor Jeswald Salacuse Publishes New Book

Posted by & filed under Daily, International Negotiation, News, Reviews of Books.

Professor Jeswald Salacuse recently published a new book, The Law of Investment Treaties.  Professor Salacuse is a member of PON’s Executive Committee and experienced in international negotiation, international business transactions, leadership, and law and development.  The Law of Investment Treaties explains the nature, history, and significance of investment treaties and their impact on international investors … Read More 

Should you bargain with the Devil?

Posted by & filed under Conflict Resolution.

In an age of terror, our national leaders face this sort of question every day. Should we negotiate with the Taliban? Iran? North Korea? What about terrorist groups holding hostages?” In his new book, Bargaining with the Devil: When to Negotiate, When to Fight, Robert Mnookin, Chair of the Program on Negotiation at Harvard Law School, … Read More 

Allies and Enemies

Posted by & filed under Business Negotiations.

Imagine that you and a colleague get into an argument about the layout of a final report in front of a coworker you both like. Now suppose the same argument occurs in front of someone your colleague likes but you do not or vice versa—in front of an ally who is your colleague’s foe. As … Read More 

Mediating disputes on the job

Posted by & filed under Daily, Mediation.

Adapted from “Resolve Employee Conflicts with Mediation Techniques,” first published in the Negotiation newsletter.

If you manage people, disputes will show up at your door. The marketing VP protests that the budget cap you and your new finance VP proposed is hindering a research initiative you supported. Two young sales representatives are embroiled in a … Read More 

Choosing a mediator

Posted by & filed under Daily, Mediation.

Adapted from “Beyond Blame: Choosing a Mediator,” by Stephen B. Goldberg (professor, Northwestern University), first published in the Negotiation newsletter.

When a negotiation escalates into a dispute, most managers understand the value of seeking out a mediator for professional assistance with the matter. The question of whom to hire, however, is less clear-cut. What type of … Read More 

How to make wise threats

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Putting on the Pressure: How to Make Wise Threats in Negotiation,” by Adam D. Galinsky (Professor, Northwestern University) and Katie A. Liljenquist (Assistant Professor, Brigham Young University), first published in the Negotiation newsletter. On August 3, 1981, 12,000 air-traffic controllers went on strike after negotiations with the federal government about wages, hours, and … Read More 

New Values-Based Mediation Simulations

Posted by & filed under Daily, Mediation, Pedagogy at the Program on Negotiation (Pedagogy @ PON).

Three new role-play simulations focus on the mediation of values-based disputes. They are now available with Teaching Notes and an Annotated Bibliography from the Program on Negotiation Clearinghouse (http://www.pon.org/). Each game provides an opportunity for students to explore how mediation might be used to address values-based and identity-based disputes–not just interest-based disputes. The parties and … Read More 

Learning from the Soda Wars

Posted by & filed under Business Negotiations.

This past November, in an unusual move, Costco, the largest wholesale club in the United States, removed Coca-Cola products from its shelves and posted messages telling shoppers that Coke products would not be available until the company lowered its prices. … Read More 

Summary of Mediation Pedagogy Conference Participant Survey Results

Posted by & filed under Daily, Mediation, Pedagogy at the Program on Negotiation (Pedagogy @ PON).

To better understand the teaching needs of the mediation community, Negotiation Pedagogy at the Program on Negotiation (NP@PON) organized a Mediation Pedagogy Conference in May of 2009. In advance of the conference, an 18-question online survey was sent to the 175 conference presenters and registered participants. The 75% response rate allowed us to illuminate important … Read More 

Great Negotiators vs. Great Negotiations: The Program on Negotiation’s Great Negotiator Teaching Series

Posted by & filed under Daily, Great Negotiator Award, Negotiation Skills, Pedagogy at the Program on Negotiation (Pedagogy @ PON).

Teaching negotiation using case studies focused on the efforts of great negotiators can help achieve several pedagogical goals at the same time. Developed by Professor James Sebenius of Harvard Business School, the Program on Negotiation’s Great Negotiator case study series, available from the PON Clearinghouse, highlights the lessons learned by each recipient of PON’s Great … Read More 

Boston Globe Highlights Kenneth Feinberg’s Visit to Prof. Robert Bordone’s Dispute System Design Course

Posted by & filed under Business Negotiations, Daily, Dispute Resolution, Mediation.

On Tuesday, December 8, 2009, the Front Page of the Boston Globe featured an article on Kenneth Feinberg, President Obama’s “Pay Czar.” Feinberg was a guest lecturer at Professor Robert Bordone’s Dispute Systems Design Course. To read the Boston Globe article online, click here. For more information about the Dispute Systems Design Course and Prof. Bordone’s clinical … Read More 

Turn Vicious Cycles Into Virtuous Ones

Posted by & filed under Business Negotiations.

For decades, Hormel Foods and its employees enjoyed one of the most cooperative and productive labor-management relationships in the processed foods industry. But beginning in the late 1970s, when Hormel pushed for wage concessions, the company’s relationship with its workforce began to deteriorate, especially at the plant in Austin, Minn., the quiet “company town” where … Read More 

Deception in Negotiation

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Smart Alternatives to Lying in Negotiation,” by Deepak Malhotra (associate professor, Harvard Business School), first published in the Negotiation newsletter. Daniel, a senior manager at a large consumer products firm, has been asked by a company vice president to submit a detailed budget request for his department. Daniel has an incentive to overstate anticipated … Read More 

The Role of Track I actors in Reconciliation: The UN in Iraq

Posted by & filed under Conflict Resolution, Daily, Events, International Negotiation, The Kelman Seminar.

“The Role of Track I actors in Reconciliation: The UN in Iraq”

with Eileen Babbitt

Date: December 8, 2009 Time: 4-6 PM Where: CGIS Building, Weatherhead Center for International Affairs, 1737 Cambridge Street, Second Floor, N-262 (Bowie Vernon Room), Cambridge MA Contact Chair: Donna Hicks (dhicks@wcfia.harvard.edu). Speaker Bio Eileen F. Babbitt is Professor of International Conflict Management Practice and Director of the International Negotiation … Read More 

Dealing with an angry public

Posted by & filed under Conflict Resolution.

<!–[endif]–> When negotiators get along well, creative problem solving is easy. When they become upset, however, they seem to forget everything they know about finding joint gain, to the point of giving up tangible wins simply to inflict losses on the other party. This is especially true in high-profile negotiations that turn nasty. Confronted with negative … Read More 

When It Pays to Delay

Posted by & filed under Business Negotiations.

Kathy, a serial entrepreneur, was negotiating the acquisition of a boutique software-development firm when a dispute arose regarding the valuation of one of the software firm’s assets. Specifically, the firm owned the rights to a technology patent of uncertain value. The firm’s owner argued that this patent was worth millions. Kathy agreed that the patent … Read More 

Program on Negotiation saddened by the loss of 2007 Great Negotiator, Bruce Wasserstein

Posted by & filed under Daily, Great Negotiator Award, News.

The Program on Negotiation at Harvard Law School was saddened to learn of the death of Bruce Wasserstein, PON’s 2007 Great Negotiator. The Great Negotiator Award is  given to recognize an individual whose lifetime achievements in the field of negotiation and dispute resolution have had a significant and lasting impact. Wasserstein, Chairman and CEO of  … Read More 

Beware the Pressure of Sunk Costs in Business Negotiations

Posted by & filed under Business Negotiations.

Think about what your house, condominium, or some other valuable asset might be worth in today’s market. Did the price you paid for it affect your answer? “Ignore sunk costs,” accounting professors and economists tell us. The amount of money and effort we’ve invested in the past, they say, is irrelevant to our future investments. … Read More 

Herbert C. Kelman Seminar on International Conflict:

Posted by & filed under Conflict Resolution, Daily, Events, The Kelman Seminar.

Conflict in Global Finance After the Meltdown: Reconciling Competing Priorities with Richard Parker Lecturer on Public Policy Shorenstein Center, Harvard Kennedy School Date: November 10, 2009 Time: 4-6 PM Where: CGIS Building, Weatherhead Center for International Affairs, 1737 Cambridge Street, Second Floor, N-262 (Bowie Vernon Room), Cambridge MA Contact Chair: Donna Hicks (dhicks@wcfia.harvard.edu). Speaker Bio Richard Parker is Lecturer in Public Policy and … Read More 

Obama as mediator?

Posted by & filed under Daily, Mediation.

Recently, a local incident grew into a national dispute that seemed ripe for mediation. After being locked out of his home and forcing his way in, Henry Louis Gates, an African-American Harvard University professor, had a confrontation with Cambridge, Massachusetts police sergeant James Crowley and was arrested for disorderly conduct. In a press conference, President … Read More 

2009 Program on Negotiation Fall Open House

Posted by & filed under Daily, Events, Student Events, Students.

Interested in negotiation and conflict resolution? Come to the Program on Negotiation Open House!

The open house will begin at 6:30pm on Tuesday, September 29th in the PON Library, Pound 513, Harvard Law School. Meet students and faculty interested in Alternative Dispute Resolution and learn how to get involved. Students from the Boston area and beyond are welcome … Read More 

Harvard Law School Spotlight on Harvard Negotiation and Mediation Clinical Program

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

Harvard Law School’s News Office recently interviewed Harvard Law School’s Negotiation & Mediation Clinical Program (HNMCP) students and faculty about three of the projects on which they worked during the Spring of 2009. Click here to read the entire interview http://www.law.harvard.edu/news/spotlight/clinical-practice/clinic.html Harvard Law School’s Negotiation & Mediation Clinical … Read More 

Negotiation Journal July issue focuses on mediation, multi-party negotiation, trade negotiations and curiosity

Posted by & filed under Daily, Mediation.

As the use of mediation continues to grow, researchers continue to examine what makes mediators effective and what the impact of mediation is on parties in dispute. Four articles in the July 2009 issue of Negotiation Journal provide an in-depth view of mediation effectiveness, with some interesting findings. In the first article, Stephen Goldberg, Margaret Shaw, … Read More 

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

Posted by & filed under Daily, News, Students.

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 

Harvard Negotiation Institute Begins!

Posted by & filed under Daily.

On the morning of June 8, 2009, hundreds of participants from around the world began their week-long intensive Basic Negotiation Workshop and Mediation Workshop.  Participants will engage with instructors Bruce Patton and Frank Sander for five days of interactive study.  There are still seats available in our 2-Day Intensive  Basic Negotiation course, which begins Thursday, … Read More 

Robert Bordone Appointed Clinical Professor of Law at Harvard Law School

Posted by & filed under Daily, Events.

Robert Bordone, founding Director of the HLS Negotiation and Mediation Clinical Program and the Thaddeus R. Beal Assistant Clinical Professor of Law, was promoted Thursday to full Clinical Professor of Law by unanimous vote of the HLS faculty, Acting Dean Howell Jackson has announced. Bordone will be teaching two workshops at the Harvard Negotiation Institute this … Read More 

Mediation Pedagogy Conference

Posted by & filed under Daily, Events, Pedagogy at the Program on Negotiation (Pedagogy @ 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 More 

PON 5th Annual Internship Fair

Posted by & filed under Careers, Events, Mediation, Negotiation Skills, Student Events, Students.

Are you interested in gaining valuable work experience in the field of negotiation and dispute resolution? Come to the PON Internship Fair to meet representatives of organizations that are recruiting interns and research assistants. Recruiters will briefly introduce their organizations and the available internships at 5:30 P.M. sharp. Students will then be able to circulate among … Read More 

The Post-Election Message to the World: What’s the New Agenda?

Posted by & filed under Conflict Resolution, Events, The Kelman Seminar.

A discussion with: Ambassador Nicholas Burns: Professor in the Practice of Diplomacy and International Politics at Harvard’s John F. Kennedy School of Government. He served in the United States Foreign Service for twenty seven years until his retirement in April 2008. He was Under Secretary of State for Political Affairs from 2005-2008, the nation’s highest ranking … Read More 

Guidelines for Negotiating the Family Business

Posted by & filed under Daily, Mediation.

Traditional advice recommends not mixing business and family but this could mean losing out on the potential rewards of working with those close to us and other potentially lucrative business opportunities. Inevitably, family members in business together will have to negotiate with each other. So what is the best way to ensure both a successful … Read More 

Negotiating When Business and Family Collide

Posted by & filed under Daily, Mediation.

Basic negotiation skills may seem easy to apply in business situations but what about when business and family collide? For example, a 69-year-old CEO of a large financial firm that has been in his family for three generations is considering retirement. He has three children who may be interested in taking over the business in addition … Read More 

Negotiating the Good Friday Agreement

Posted by & filed under Conflict Resolution, Daily.

Retired US Senator George Mitchell played a critical role in negotiating the Good Friday Agreement in Northern Ireland. In an interview with Susan Hackley, Managing Director of the Program on Negotiation at Harvard Law School, in the February 2004 Negotiation newsletter, he describes how he was able to facilitate an agreement between these long warring … Read More 

How to Defuse a Strike

Posted by & filed under Conflict Resolution.

The recent dispute between the Writers Guild of America (WGA) West and East and the Alliance of Motion Picture and Television Producers (AMPTP) illustrates how a disagreement at the negotiating table can lead to a long and costly strike. As the two sides battled back and forth, AMPTP member companies laid off support staff, and … Read More 

Conflict Within the Ranks: Diagnosing Sources of Conflict

Posted by & filed under Conflict Resolution.

Conflict within an organization can not only damage morale but also cut into productivity and ultimately profits. Once you recognize that there is ongoing conflict in your organization, how do you go about diagnosing the source? In his June 2004 article, “Divided, You’ll Fall: Managing Conflict Within the Ranks,” Lawrence Susskind describes the work done by … Read More 

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

Posted by & filed under Daily, Dispute Resolution.

Alternative Dispute Resolution In-House: Mediation, Arbitration, or Med-Arb? When faced with an in-house conflict, alternative dispute resolution or ADR can be invaluable to managers. The three most common ADR 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 … Read More 

Employee Grievances and Litigation

Posted by & filed under Daily, Dispute Resolution.

In 2000, Coca-Cola Enterprises (CCE), seeing the surge in employee grievances and litigation in other companies, implemented a revolutionary dispute system they called SOLUTIONS to deal with its own internal disputes. Dispute Systems Design, or DSD, is the process of identifying, creating, implementing, and evaluating an effective means of resolving conflicts within an organization. CCE’s program consists … Read More 

What is Dispute System Design

Posted by & filed under Dispute Resolution.

Dispute System Design (DSD) is the process of identifying, designing, employing, and evaluating an effective means of resolving conflicts within an organization. In order to be effective, dispute systems must be thoroughly thought out and carefully constructed. In their article in the March 2005 Negotiation newsletter, “Early Intervention: How to Minimize the Cost of Conflict,” … Read More 

Handling Employee Relations

Posted by & filed under Conflict Resolution.

Suppose you have been recently hired as the first full time staff member charged with handling employee relations. You are entering a large accounting firm with an unusually high staff turnover rate and several recent defections by company accounts. Dispute System Design (DSD) is the process of identifying, designing, employing, and evaluating an effective means of … Read More 

Negotiating rice and politics

Posted by & filed under Daily, International Negotiation.

The PON Clearinghouse offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. Pacrim Dispute is a three-party, multi-issue international trade negotiation among three culturally different countries over which of two countries will export rice to the third.  This exercise includes coalition and ongoing relationship issues. This negotiation, which takes place … Read More 

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 More