A negotiation between two or more parties facilitated by an agreed-upon third party. Skilled third-party mediators can lower the emotional temperature in a negotiation, foster more effective communication, help uncover less obvious interests, offer face-saving possibilities for movement, and suggest solutions that the parties might have overlooked. (David A. Lax and James K. Sebenius, 3-D Negotiation [Harvard Business School Press, 2006], 108-109)
The following items are tagged Mediation.
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 too little in damages, there can be no going back.
The Program on Negotiation is pleased to co-present “Confronting Evil: Interdisciplinary Perspectives,” a two-day conference which will bring together leading scholars to discuss the conceptual and practical dimensions of evil. Topics to
In the mid-1990s, a young JD/MBA student at Harvard was writing a case study about a railroad deal that was ongoing at the time. Somewhat to his surprise, he landed an interview with Bruce Wasserstein, the renowned dealmaker who had pioneered the hostile takeover, and who was a consultant in the railroad negotiations.
It was a fascinating conversation, the student remembers.
“I began to recognize that sophisticated dealmakers play the game at a different level – like a chess game instead of trying to scream and yell louder than others in the room.
“Rather than a frontal assault, sophisticated dealmakers engage in a carefully thought-through sequencing strategy: Get all the pieces lined up, to the point where when you go in the room, it’s basically a done deal.”
Like many of us, this student was hooked by the sweet art of negotiation … and he went on to become a world-renowned dealmaker, instrumental in megadeals such as Oracle’s $10.3 billion hostile takeover bid for PeopleSoft, Cox Enterprises’ $8.9 billion freeze-out of minority shareholders in Cox Communications, the $6.6 billion leveraged buyout of Toys “R” Us, and Exelon’s $8.0 billion hostile takeover bid for NRG.
For the first time ever, the Program on Negotiation is offering a master-level course for negotiators. The program is highly personalized and taught by 4 negotiation experts from Harvard and MIT. If you are selected to participate, you will be assigned to small learning groups, take part in dynamic exercises with two-way feedback, work closely with faculty members to develop a strategy that addresses personal negotiation challenges, and particpate in intensive simulations.
It has already been two years since the Federal Law on Mediation came into force in Russia. This event was perceived as a turning point for integration of mediation in the country; however, the market for mediation services still remains very underdeveloped. Prof. Tsisana Shamlikashvili will discuss the future of mediation in Russia and neighboring countries.
More and more companies are inserting alternative dispute resolution (ADR) clauses in their contracts with customers and vendors, and even in agreements with their own employees. ADR processes such as mediation and arbitration can be beneficial for all concerned if they help avoid the cost, delay, and uncertainty of going to court. Mediation, in particular, may offer creative solutions, protection of confidentiality, and preservation of important relationships.
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 the field of ADR.
Imagine that you’re the CEO of a sports clothing manufacturer based in Chicago. You recently traveled to Amsterdam, the Netherlands, to meet with a distributor who has a rich and diverse network in the European sports market.
During the business trip, you both express enthusiasm about the possibility of a joint venture and agree to give the potential alliance more thought.
Back home, you learn that one of your competitors has discussed similar plans with the same distributor.
David A. Hoffman is an attorney, mediator, arbitrator, and founding member of Boston Law Collaborative, LLC. David teaches the Mediation course at Harvard Law School, where he is the John H. Watson Jr. Lecturer on Law, and co-teaches the Mediation course at the Harvard Negotiation Institute of the Program on Negotiation. He has also been the lead trainer in several mediation trainings for the American Bar Association.
Gary J. Friedman has bee practicing law as a mediation with the MEdiation Law Offices in Mill Valley, California, since 1976, integrating meditative principles into the practice of law and the resolution of legal disputes. Through the non-profit organization which he co-founded, The Center for Understanding in Conflict (formerly the Center for Mediation in Law), he has been teaching mediation since 1980.
Taught by world-renowned professors, distinguished thought leaders and best-selling authors.
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