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.

Moving Toward the Cutting Edge

Posted by & filed under Negotiation Skills.

“What a small world” is an oft heard phrase used to describe anything from running into a friend far from home to discovering a group that shares your particular interests. In the first instance, the phrase conveys a sense of proximity that is paradoxical given the world and, in the second it denotes a social niche, a specialized group with shared interests. In both cases, the technology increasingly serves to tie people together, overcoming the barriers of physical distance and obscurity. William Ury, in his piece “Stay Open” for LifeByMe.com, advises us to be both resilient and present when faced with complexity.
Professor Ury explains that avoidance is one of the most common techniques people use to delay discussing a difficult issue. Rather than tackling the issue head-on, we often retreat back into the comfort of the shadows while our problem lingers and negatively affects our relations with our counterpart. To avoid this, William Ury tells us to move towards the issue, or , as he writes, “Paradoxically as I engage with a problem, getting closer to the issue, I feel safer and my heart feels lighter, because I know I’m not stepping aside from the issue, but am moving toward the cutting edge.”

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

The Secret Talks That Led to the Fall of Apartheid

Posted by & filed under Events, International Negotiation.

“The Secret Talks That Led to the Fall of Apartheid”

with

Michael Young

Date: Tuesday, March 6, 2012
Time: 7:30 – 9 PM

Where: Langdell North, Harvard Law School

Event is free and open to the public; Refreshments will be served
Co-sponsored by: Harvard Negotiation & Mediation Clinical Program, Program on Negotiation, Harvard Mediation Program, Harvard Negotiation Law Review, and Harvard

Dealing with the Other Side’s Constituents

Posted by & filed under Business Negotiations.

During a meeting with a potential customer, a new salesperson leaves the room several times to make phone calls. Each time when she returns, she tells the customer she can’t accept the terms they just negotiated. Exasperate by her apparent lack of authority, the customer ends the meeting abruptly.

As this scenario shows, your counterpart’s constituents

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

How Lawyers Affect Mediation

Posted by & filed under Mediation.

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

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

Posted by & filed under Mediation.

The problem: You’re not sure which of two common dispute resolution processes, mediation or arbitration, to use to resolve your conflict. Mediation is appealing because it would allow you to reach a collaborative settlement, but you’re worried it could end in impasse. You know that arbitration would wrap up your dispute conclusively, but it wouldn’t

Peter Kamminga

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

Peter_100

Peter Kamminga is Associate Professor of Law at Amsterdam University in the Netherlands and a PON Postdoctoral Research Fellow, specializing in negotiation and contracting of complex infrastructure projects. In his current research Dr. Kamminga examines the influence of legal governance mechanisms on contracting and dispute resolution processes. He has a particular interest in the negotiation and contracting processes of stakeholders involved in infrastructure development and water projects.

Alain Lempereur, PON Executive Committee

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

Lempereur

Alain Lempereur is the Alan B. Slifka Professor at Brandeis University, and the director of the Masters’ Programs in Coexistence and Conflict at the Heller School for Social Policy and Management. He is a member of the Executive Committee of the Program on Negotiation at Harvard Law School, where he was also a visiting professor. His current research is devoted to responsible negotiation.

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,