mediation process

Download Mediation Secrets for Better Business Negotiations: Top Techniques from Mediation Training Experts and you will discover mediation techniques for selecting the right mediator, understand the mediation process and learn how to engage the mediator to ensure a good outcome.

The following items are tagged mediation process.

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Detroit Moves Forward, Thanks to Mediation

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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 reports. As compared to recent bankruptcies of smaller cities, the decision was reached relatively quickly. The towns of Vallejo and Stockton, California, for example, spent about three years and 27 months, respectively, in bankruptcy.

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Free Report

Mediation Secrets for Better Business Negotiations: Top Techniques from Mediation Training Experts

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In this Special Report, the experts and editors from Harvard’s Program on
Negotiation offer a sampling of advice from past issues of Negotiation to help you learn the techniques you need to resolve your disputes through mediation. You will learn to select the right dispute-resolution process, choose a mediator with appropriate expertise, learn the steps your mediator is likely to follow and enhance your outcomes through novel strategies.

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Dispute Resolution: Should You Bring Your Lawyer?

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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 by professors Jean Poitras of HEC Montreal; Arnaud Stimec of the Université de Nantes, France; and Jean-François Roberge of the Université de Sherbrooke in Canada.

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Conflict Management: Mediation Used in Dispute Resolution Over Art Museums

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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, the city’s bankruptcy put the world-class collection of its art museum, the Detroit Institute of Arts (DIA), in jeopardy. Though the DIA is operated by a nonprofit organization, its valuable collection is owned by the city, a fact that puts it in jeopardy.

Some Detroit creditors have argued that part of the collection should be sold off to help address the city’s $18 billion in pension and other liabilities, writes the New York Times. But local leaders and museum officials have rejected this idea, arguing it would be short-sighted and demoralizing for a city that is attempting to rebuild itself after a devastating fall.

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Mediators at Work Breach of Warranty

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Marjorie Corman Aaron and Dwight Golann

An unscripted, realistic demonstration of the mediation of a commercial legal dispute

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Hiring a Mediator: A Checklist

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When considering a potential mediator, ask the following questions of those who have worked with him in the past.

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Multiparty NegotiationFour-Volume Set

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This comprehensive four-volume collection on multiparty negotiation brings together nearly 100 classic works and cutting-edge papers from law, international politics, organization studies and public administration

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Want the Best Possible Deal? Cultivate a Cooperative Reputation – Collaboration and Value Creation

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In negotiation, different types of reputations serve different purposes. When you’re haggling over just one issue, such as the price of a used car or a computer installation, one party’s win is typically the other’s party’s loss. In such distributive negotiations, where each party is trying to claim the biggest piece of a fixed pie, having a reputation as a tough bargainer can be an effective means of undermining a competitor’s confidence and power.

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Negotiating Systems

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While most negotiation research aims to sharpen individual managers’ skills, there is growing scholarly and professional interest in an organizational approach to negotiation.A systemic perspective evaluates the training, authority, procedures, and resources that manager need to improve their companies’ “return on negotiation,” as consultant Danny Ertel puts it. Looking at negotiations broadly reveals important design questions.

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Mediation Role Play: Summitville Service Agreement

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Patrick Field and Tracy Dyke

A two-team (four-party), co-mediated, multi-issue negotiation simulation involving a bitter property tax dispute between a small town and an Indian band living on a nearby reservation

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Moving Forward in Mediation Together

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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, claiming the “whole process is a mockery of fair play…There is a predetermined outcome that requires us to be complacent in stripping out of our collective agreement rights that [the employers tried to take out] at the bargaining table, rights that took a long time to negotiate.” Could mediation unlock value between these parties that was previously left untouched, even though one side has little faith in the process?

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Little v. Jenks

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Karen Falkenstein Green

Two-party small-claims settlement mediation between two former friends over the sale of a problematic used car

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Gator v. City of Quincy

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Karen Falkenstein Green

Three-person small-claims mediation between a motorist and a city attorney regarding liability for damage to the motorist’s automobile due to a pothole

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Dirty Laundry

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Pat Aaron

Three-person mediated small-claims dispute between a dry cleaning business and a customer over compensation for torn shirts

Managing Growth in Rockville

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Armand Ciccarelli and Lawrence Susskind

Seven-person, multi-issue mediation among business, planning, environmental, and agricultural interests regarding growth management and comprehensive planning