For more advice on leading an ADR process in your organization, consult these books.
mediator
An impartial, mutually acceptable third party whose goal is to help conflicted parties resolve their dispute. Mediators lack the power to coerce or bargain, but they can use facilitative power to influence disputants. (Michael Watkins and Susan Rosegrant, Breakthrough International Negotiations [Jossey-Bass, 2001], 93)
The following items are tagged mediator.
Dealmaking: What to Do After the Deal Breaks Down
Even with these precautions in place, there will be times when one side demands renegotiation of a deal. Here are some guidelines on how to proceed.
Mediating Tragedy: Managing the Boston Victim’s Compensation Fund
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 victims.
Mediating Disputes
October 14-18, 2013
Registration has closed for the Fall 2013 Mediating Disputes course. To be added to our wait list, please email hni@law.harvard.edu.
The Mediating Disputes workshop will provide you with core mediation skills training and hands-on experience as a mediator in a variety of simulations. The course examines the mediation process through the lens of both caucus and non-caucus models of practice, and considers the role of law, as well as interest-based bargaining, in shaping mediated settlements. In addition, the course addresses legal and ethical issues in mediation, and the psychological dimensions of the mediation process. The course faculty are leading practitioners in the world of mediation as well as thought leaders in the field of dispute resolution.
What to Do Before the Deal Breaks Down
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 delinquent debtor when the prospect of future business with the debtor is likely. Bondholders of the same debtor, on the other hand, will generally be more resistant to renegotiation, as they tend to lack opportunities for a profitable future business relationship.
Negotiation Design Dimensions: A Checklist
Here the Program on Negotiation offers a checklist of negotiation design categories. Whether your overall negotiation design is decide-announce-defend (DAD) or full-consensus (FC), or a hybrid of both, raising these issues is usually preferable to falling into a set of important decisions by default.
Hiring a Mediator: A Checklist
When considering a potential mediator, ask the following questions of those who have worked with him in the past.
Confronting Evil Conference postponed to Saturday, April 20th
Harvard University is closed today due to an ongoing public safety situation in the area. This afternoon’s first session of the “Confronting Evil” conference is postponed until tomorrow morning, starting at 9:00.
Please check here for further updates later today.
Prospering in a Multiparty Trade Zone
With thorough preparation, the help of a trained mediator, and useful reports from subgroups, participants in a multiparty negotiation should be able to find their way to the trading zone. Once they’ve arrived, the next step is to work together to ensure that everyone’s interests are met.
Managing Group Interactions in Multiparty 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.









