Mediation

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.

Negotiation and Neuroscience: Possible Lessons for Negotiation Instruction

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

By Todd Schenk

Can an Understanding of Neuroscience Help Inform Teaching Negotiation? 

Cognition and emotion are important elements of negotiation, from the emergence of disputes through the implementation of agreements. The growing body of research in the cognitive sciences may be able to help us improve negotiation instruction. Thus, the fall 2012 Negotiation Pedagogy Faculty Dinner Seminar

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 new cases in the news, however, show that privacy is a nuanced issue in some alternative dispute resolution contexts.

A Common Ground Approach to Societal Conflict Resolution

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

The Program on Negotiation is pleased to present:
A Common Ground Approach
to Societal Conflict Resolution
with

John Marks
President and Founder of Search for Common Ground
and

Susan Collin Marks
Senior Vice President of Search for Common Ground
Monday, October 15th, 2012
12 p.m. – 1 p.m.
Wasserstein 2004
Harvard Law School Campus
Please bring your own lunch; soft drinks and cookies will be

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

Posted by & filed under Conflict Management.

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.

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 Southeast Asian neighbors over claims to the South China Sea. According to a report issued by the research organization International Crisis Group (ICG), recapped by Jane Perlez in the New York Times in late July, the disputes have reached an impasse that could lead to an open conflict.