Download the FREE special report from the Program on Negotiation at Harvard Law School, 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.

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). See Also: Teaching Negotiation – Negotiation Case Studies, Teach by Example, Powerful Conflict Resolution Games to Help You Teach Negotiation, Dispute Resolution: Should You Bring your Lawyer?.

The following items are tagged Mediator

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How to Deal with a Difficult Mediator

Posted by & filed under Mediation.

Francesca Gino, Program on Negotiation faculty member and author of the bestselling book, Sidetracked: Why Our Decisions Get Derailed and How We Can Stick to the Plan, tackles this question from a Negotiation Briefings reader concerning how to deal with a mediator that is abrasive, dismissive, or even rude. … Read More 

Courses and Training

Mediating Disputes – Fall

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

Course Dates: October 17-21, 2016.

The success of any mediation is predicated on the skills of the mediator. In this popular program, you will acquire the practical skills and techniques for facilitating negotiations between disputing parties. From family and employment matters to public policy and business disagreements, you will discover effective ways to settle differences and mediate … Read More 

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Bringing Peace Into the Room

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Daniel Bowling & David Hoffman “Rich insights and diverse perspectives, valuable for novices and experienced practitioners alike.” – William Ury … Read More 

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Courses and Training

Mediating Disputes – June

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

The success of any mediation is predicated on the skills of the mediator. In this popular program, you will acquire the practical skills and techniques for facilitating negotiations between disputing parties. From family and employment matters to public policy and business disagreements, you will discover effective ways to settle differences and mediate disputes across a variety … Read More 

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John & Mary

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James Lawrence Five- or six-person mediation between manufacturing company management and a former employee (and their respective counsel) regarding the employee’s departure amid allegations of sexual harassment; optional extra role for manager accused of harassment … Read More 

Free Report

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

Posted by & filed under Free Report.

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 … Read More 

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Alternative Dispute Resolution (ADR) Training: Mediation Curriculum

Posted by & filed under Mediation.

NP@PON collected many types of curriculum materials from teachers and trainers who attended the 2009 Mediation Pedagogy Conference. We received general materials about classes on Alternative Dispute Resolution (ADR) as well as highly specific and idiosyncratic units like Conflict Resolution through Literature: Romeo and Juliet and a negotiating training package for female managers from … Read More 

Courses and Training

Harvard Negotiation Master Class

Posted by & filed under Harvard Negotiation Master Class.

Once you’ve taken part in this highly personalized, in-depth negotiation training from the world’s most distinguished negotiators – the people who invented modern dealmaking – you’ll emerge from this course more confident in your negotiation and business skills than you ever thought possible. Imagine what it will be like to outclass every other negotiator sitting … Read More 

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Free Report

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How Your Organization Can Benefit from Mediation Techniques

Posted by & filed under Mediation.

If you manage people, disputes will show up at your door. The marketing VP protests that the budget cap you and your new finance VP proposed is hindering a research initiative you supported. Two young sales representatives are embroiled in a turf war. Your administrative assistant is upset because the HR director won’t approve the … Read More 

Courses and Training

Getting to YES with Yourself

Posted by & filed under 1 Day Courses, executive training.

December 8, 2016 Getting to YES with Yourself

William L. Ury

William L. Ury Co-author of Getting to YES; author of Getting Past No: Negotiating with Difficult People, and The Power of a Positive No

What’s the greatest obstacle to successful agreements and satisfying relationships? The unexpected truth is that often we are. In this new, one-day program led by William L. … Read More 

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Metaphorical Negotiation and Defining Negotiation Skills

Posted by & filed under Negotiation Skills.

Negotiators talk about building agreement, bluffing the opposition, and volleying offers back and forth. According to mediator Thomas Smith, careful attention to such metaphors can reveal deeper meaning beneath the explicit words that people use, notably regarding how they view the negotiation process and their relationship to one another. … Read More 

Courses and Training

New! Advanced Mediation Workshop: Mediating Complex Disputes

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

You’ve handled numerous mediation sessions with ease. You are confident in your mediation skills, especially between two parties who want a fair resolution. But how do the dynamics change when their lawyers join the session? What happens when the mediation expands to multiple parties who are bringing many issues to the table? Mediators are very … Read More 

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Inside Out

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Gary Friedman Designed to help people who work with parties in conflict use their inner experiences for the benefit of their clients, this book challenges many of the conventions conflict-resolution professionals bring to this field. Rooted in self-awareness, this practical guide encourages us to work from the “inside out”. … Read More 

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Courses and Training

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Hydropower In Santales

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Jennie Hatch under the supervision of Lawrence Susskind Six-party, multi-issue negotiation focused on issues of public engagement in hydropower-based energy development … Read More 

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Courses and Training

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Good For You, Great For Me

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Lawrence Susskind Win at win-win negotiating! Find trades that create much more value than either you or your opponent thought possible while satisfying the interests of your back table – the people to whom you report. … Read More 

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These Examples Illustrate the Importance of Negotiation in Business

Posted by & filed under Business Negotiations.

A number of noteworthy disputes among businesses, organizations, and individuals made headlines in 2013 and demonstrate the importance of negotiation in business. We point out the negotiation angles behind stories first reported by the New York Times, the Wall Street Journal, and other media outlets. Keep an eye out for common themes among these top … Read More 

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Civic FusionMediating Polarized Public Disputes

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By Susan L. Podziba. Civic fusion is when people bond to achieve a common public goal, even as they sustain deep value differences. This book offers proven strategies for moving polarized parties to consensus solutions based on the author’s 25 years of mediation experience, including working with pro-life and pro-choice leaders after fatal shootings at … Read More 

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How Mediation Works

Posted by & filed under Dispute Resolution.

When negotiators can’t come to agreement but want to avoid an expensive, time-consuming, and potentially rancorous lawsuit, mediation is often their most logical choice. Mediation can help to resolve a wide range of disputes. … Read More 

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Religion and Nationalism in Northern Ireland

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Note: Purchase of the teacher’s manual for this Workable Peace Curriculum Unit includes a site license, which grants the user permission to reproduce its contents (including the role simulation instructions) for academic purposes at a single site, such as a school or organization. The individual role simulation for the Religion and Nationalism in Northern Ireland curriculum … Read More 

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Mediation and Problem Solving Skills: Sitting Down at the Table

Posted by & filed under Mediation.

One of the central skills of a mediator is the ability to solve problems. And while problem solving skills may lead to successfully negotiated agreements between disputing parties, an effective mediator also has to get each side to agree to sit down at the bargaining table in the first place. … Read More 

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Indopotamia

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Catherine M. Ashcraft under the supervision of Professors Lawrence Susskind and Shafiqul Islam … Read More 

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Is Mediation Expertise What You Need?

Posted by & filed under Mediation.

When a negotiation escalates into a dispute, most managers understand the value of seeking out a mediator for professional assistance with the matter. The question of whom to hire, however, is less clear-cut. What type of expetise should your mediator have, and where should you look for her? In this article, we will walk you … Read More 

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What are the Three Basic Types of Dispute Resolution? What to Know About Mediation, Arbitration, and Litigation

Posted by & filed under Dispute Resolution.

Suppose that in each case, the parties and their lawyers have exhausted their attempts to negotiate a resolution on their own. They’re ready for outside help in ending their dispute, yet they don’t know where to turn. When it comes to dispute resolution, we now have many choices. Understandably, disputants are often confused about which process … Read More 

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Saving the Last Dance

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Gary J. Friedman, Jack Himmelstein, and Robert H. Mnookin A mediation training video illustrating the non-caucus “Mediation through Understanding” model … Read More 

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Conflict Management: Intervening in Workplace Conflict

Posted by & filed under Conflict Resolution.

Question: I’m aware of lots of unresolved personnel issues that seem to be festering in my department, such as complaints about someone who is not doing his share of the work, another person whose griping is causing a drop in morale, and two coworkers who can’t seem to get along. I’m comfortable negotiating with customers, … Read More 

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Rebuilding the World Trade Center Site

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Lawrence Susskind A group of legal, business, and dispute resolution professionals negotiate a six-person, facilitated role simulation regarding the reconstruction of the World Trade Center site in New York City, following the 9/11/2001 terrorist attacks … Read More 

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Conflict and Conflict Resolution at Work

Posted by & filed under Conflict Resolution.

In the workplace, negotiations with coworkers over issues such as project assignments, departmental funding, and vacation requests can sometimes flare into conflicts. When they do, the experience can be stressful, and the organizational outcomes sometimes suffers as a result. … Read More 

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Mediation Process and Business Negotiations: How Does Mediation Work in a Lawsuit?

Posted by & filed under Mediation.

How does mediation work in a lawsuit? What benefits can mediation offer businesses that deal with multiple contractual agreements, some of which may end in disputes? These questions were answered by Harvard Law School Associate Professor and negotiation expert Dan Greiner in an “Ask the Negotiation Coach” segment from our Negotiation Briefings newsletter. … Read More 

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Why is Negotiation Important in Business? Salary Negotiations and Setting Standards at the Negotiation Table

Posted by & filed under Salary Negotiations.

Why is negotiation important in business? As the starting point from which all commercial transactions occur, from purchasing equipment to setting salaries, negotiation in business is an essential skill no matter what field a negotiator finds herself. Using an objective standard can strengthen your proposal and eliminate emotional bias. In this article, the author illustrates … Read More 

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Mediation Lecture Video Series

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Sarah Cobb and Lawrence Susskind Three videos featuring guest lecturers from the “Mediation and Other Facilitative Roles in Dispute Resolution” seminar, offered by the Program on Negotiation: … Read More 

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Why is Negotiation Important: Mediation in Transactional Negotiations

Posted by & filed under Mediation.

We generally think of mediation as a dispute-resolution device. Federal mediators intervene when collective bargaining breaks down. Diplomats are sometimes called in to mediate conflicts between nations. So-called multi-door courthouses encourage litigants to mediate before incurring the costs – and risks – of going to trial. … Read More 

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Mediating Public Disputes

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Lawrence E. Susskind A discussion of the role and functions of a court-appointed special master serving as a mediator in a case study of a scientific/technical dispute in New Jersey … Read More 

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In the Shadow of the City

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Michael Wheeler A simulated mediation between an aid worker and a project funder, featuring Getting to YES co-author Bruce Patton as the mediator … Read More 

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Announcing the 2016 PON Summer Fellows

Posted by & filed under Daily, PON Summer Fellowships, Students.

PON offers fellowship grants to students at Harvard University, MIT, Tufts University and other Boston-area schools who are doing internships or undertaking summer research projects in negotiation and dispute resolution in partnership with public, non-profit or academic organizations. The Summer Fellowship Program’s emphasis is on advancing the links between scholarship and practice in negotiation and … Read More 

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When Talk Works Profiles of Mediators

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When mediator Jimmy Carter talks, world leaders listen. When violence erupts in a public housing project, Linda Colburn mediates for peace. And when attorney William Hobgood intervenes to resolve a labor dispute, he saves workers and management the economic and emotional costs of litigation. When Talk Works goes behind the scenes with accomplished mediators to show … Read More 

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Arbitration vs Mediation and the Conflict Resolution Process in Alternative Dispute Resolution (ADR)

Posted by & filed under Conflict Resolution.

Arbitration, mediation, and the dispute resolution process – how negotiators can effectively use alternative dispute resolution (ADR) conflict management and conflict resolution techniques to resolve disputes, repair relationships, and find opportunities for value creation at the bargaining table. It’s often the case that when two people or organizations try to resolve a dispute by determining who … Read More 

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Alternative Dispute Resolution: Corporate Stakeholder Engagement and Mineral Extraction in Colombia

Posted by & filed under Dispute Resolution.

I want to make four simple points regarding corporate stakeholder engagement and mineral extraction in Colombia. I presented these ideas several weeks ago at a Harvard Law School seminar sponsored by the Colombian government. We had senior officials present along with a great many Colombian graduate students studying at Boston-area schools. I think these prescriptions … Read More 

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Public Dispute Mediators Profiles of 15 Distinguished Careers

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This book profiles 15 of North America’s most experienced public dispute mediators. The practitioners depicted originally worked in many different fields, including nursing, city planning, political science, labor relations, sociology, history, mathematics, environmental studies, and law, but they all have become skilled mediators through a combination of training, apprenticeship, and practice. While the career paths … Read More 

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In Acrimonious Disputes, Conflict Management is Key

Posted by & filed under Conflict Resolution.

Parties to a business dispute often become so focused on beating the other party that they lose sight of their most important goals. Conflict management efforts can be even more intense and seeming insurmountable between estranged romantic partners with a history of acrimony and distrust. Consider rock star Madonna’s ongoing legal dispute with her ex-husband, film … Read More 

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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 … Read More 

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Using Mediation to Resolve International Disputes

Posted by & filed under Conflict Resolution.

As businesses increasingly branch out globally, they also face the possibility of broken contracts and strained relationships. Mediation can be an effective means of resolving disputes and getting business partners back on track, but do intercultural differences complicate the process? If so, how can disputants and mediators adjust? Elizabeth D. Salmon of the University of Maryland … Read More 

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Handbook of Dispute Resolution (The)

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Winner, National Institute for Advanced Conflict Resolution’s 2005 Book Award – A cutting-edge, comprehensive, inter-disciplinary resource regarding the nature of disputes and the range of dispute resolution processes … Read More 

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Modest Goals Gave Hope to Syria Peace talks

Posted by & filed under International Negotiation.

In international negotiations and other complex multiparty negotiations, should you set ambitious goals right from the start or begin with more modest ones? Aiming high can lead to dramatic payoffs if you succeed, but the difficulty of orchestrating complicated international negotiations can increase the risk of impasse. By contrast, starting with more modest goals may suggest … Read More 

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Dividing the Child Social and Legal Dilemmas of Custody

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Questions about how children fare in divided families have become as perplexing and urgent as they are common. In this work on custody arrangements, the developmental psychologist Eleanor Maccoby and the legal scholar Robert Mnookin consider these questions and their ramifications for society. This book examines the social and legal realities of how divorcing parents make … Read More 

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A University Negotiates Accusations of Autocratic Leadership

Posted by & filed under Leadership Skills.

While not always popular with employees, there are countless situations where running an organization with an autocratic leadership style can be valuable at the right moment. When the Suffolk University Board of Trustees announced in January that they would sever University President Margaret McKenna’s contract after only eight months, however, Board Chairman Andrew Meyer, Jr. … Read More 

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Designing Conflict Management Systems A Guide to Creating Productive and Healthy Organizations

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As organizations restructure and social stresses escalate, conflict in the workplace is on the rise. Whether in response to organizational goals such as resolving disputes with customers and clients, systemic problems in hiring and promotion practices, or interpersonal issues between managers, employees, and co-workers, business and government agencies are finding it increasingly more productive — … Read More 

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Negotiation Examples to Help You Become a Better Mediator

Posted by & filed under Teaching Negotiation.

When opposing parties cannot come to a satisfactory resolution, a strong mediator can make all the difference. By effectively examining the issues at hand and helping parties identify creative solutions, a well-trained mediator builds consensus where there once was none. To help professionals learn the art of mediation, the Program on Negotiation’s Teaching Negotiation Resource Center … Read More 

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Dealing with an Angry Public

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Lawrence Susskind & Patrick Field Winner of the 1996 CPR Award for Excellence in ADR (Outstanding Book Category) … Read More 

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Mediation Techniques for Conflict Resolution: Using Online Mediation

Posted by & filed under Mediation.

Suppose you want to hire a mediator to help you resolve a conflict that you’re having with an individual or a company, but for various reasons, meeting face-to-face would be difficult. Perhaps you and the other party are located in different geographic areas. Maybe your dispute originated in an online transaction, and you’ve never even met. … Read More 

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Breaking the Impasse Consensual Approaches to Resolving Public Disputes

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Drawing on his experience in the MIT-Harvard Public Disputes Program, a leading mediator and his co-author provide the first jargon-free guide to consensual strategies for resolving public disputes-indispensable to citizen activists and to business and government leaders.   “A complement to Getting to Yes . . . shows how parties involved in public disputes over housing projects, … Read More 

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What Makes a Good Mediator?

Posted by & filed under Mediation.

What makes a good mediator? And how is it that mediators—who themselves lack any power to impose a solution—nevertheless often lead bitter disputants to agreement? … Read More 

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Williams v. Northville

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Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown 5-person, non-scorable mediation between a school principal and a parent (with attorneys) regarding a values-based dispute over classroom discussions and materials addressing same-sex couples and their families … Read More 

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With Patient Approach, FBI Steered Oregon Occupiers Toward Their BATNA

Posted by & filed under BATNA.

The 41-day armed takeover of the Malheur National Wildlife Refuge in Oregon ended on February 11 when the last occupiers surrendered. Federal authorities in six states also arrested seven others accused of being involved in the occupation, according to the Associated Press. The standoff had begun when Ammon Bundy and his followers took over the … Read More 

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Westville

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John Forester and David Stitzel Three-person, three-issue, integrative, scoreable mediation among representatives of a homelessness task force and a neighborhood group, mediated by a planning department representative, over the terms of a proposed homeless shelter in their suburban town … Read More 

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Top 10 Best Negotiations of 2014: Negotiation Case Studies Drawn from Negotiation Examples in Real Life

Posted by & filed under Negotiation Skills.

Rather than unparalleled triumphs and victories, many of the 10 Best Negotiations of 2014 share a common theme of “making the best of a bad situation.” From climate change to Congress to Cuba, negotiators often found themselves trying to claw their way out of the darkness and into the light. Here are 10 negotiations that … Read More 

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Welding Connection

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Marjorie Corman Aaron and Jim Lawrence Four-person grievance mediation among counsel for a welding company, a union representative, and a discharged employee over the legitimacy of the discharge, which was based on a positive drug test … Read More 

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Negotiation Skills for Resolving International Conflicts

Posted by & filed under Negotiation Skills.

What are the essential skills a negotiator needs to resolve conflicts abroad? How do international conflicts differ from domestic conflicts? What issues specific to bargaining across borders emerges in intercultural negotiations? In this article we explore ways in which negotiators can develop bargaining skills to overcome any barriers to communication they may encounter in negotiations … Read More 

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Water Woes

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Marjorie Corman Aaron and JAMS/ Endispute Three-person mediation between an architect and a real estate developer over responsibility and compensation for a major construction error … Read More 

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Water on the West Bank

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Susan Podziba and Lawrence Susskind Seven-person, four-issue mediation among three Israeli water authority and regional representatives and three Palestinian water authority and political representatives over plans to drill a new well on the West Bank … Read More 

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Arbitration vs Mediation: Undecided on Your Dispute Resolution Process? Combine Mediation and Arbitration with Med-Arb

Posted by & filed under Mediation.

The choice: arbitration vs. mediation. 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, … Read More 

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Tulia and Ibad Mediation

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William Ury, Ibrahim Ibrahim and Roger Fisher Three-team, multi-issue mediation involving two or more representatives each of the country of Tulia, the country of Ibad, and the Organization of African Unity (O.A.U.) regarding a cease-fire between the two warring countries … Read More 

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Three Questions to Ask About the Dispute Resolution Process

Posted by & filed under Dispute Resolution.

Dispute resolution is often a multistep process that can start with negotiation, move on to mediation, and, if necessary, end in arbitration or litigation. This progression allows parties to start off, quite naturally, with less-expensive, less-formal procedures before making bigger commitments of money and time. Still, there may be situations in which you wonder if it would … Read More 

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Tucker Graphics, Inc. and Nihon Ichiban Technology

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Sean Cote under the supervision of Abram Chayes and Antonia Handler Chayes Three-person mediated or arbitrated settlement conference regarding a contract dispute between a U.S.-based graphics firm and a Japanese digital printer manufacturer … Read More 

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How Michael Bloomberg and NYC Teachers Came Together Through Mediation

Posted by & filed under Mediation.

It’s hard to imagine a situation in which negotiating counterparts would choose to sacrifice hundreds of millions of dollars rather than reach agreement. But this is the choice that New York City and its teachers union, the United Federation of Teachers (UFT), made in January when they declared impasse on a new teacher evaluation system. Back … Read More 

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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 … Read More 

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St. Francis Hospital and the Managed Medical Model

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Patricia Moore and Lawrence Susskind Five-party, four-issue negotiation among representatives for a financially struggling hospital’s administrators, doctors, and nurses over budget priorities and expanded application of the managed medical model … Read More 

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Springfield OutFest

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Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown This is a six-person, non-scorable negotiation simulation focused on mediating values-based legal disputes, specifically disputes involving conflicting views and values regarding homosexuality and religious faith. … Read More 

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Social Services

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Denise Madigan Three-party scoreable negotiation among three non-profit social service providers over whether to apply for funding in a consortium of two or three; variation of Three-Party Coalition Exercise … Read More 

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Seoul Food in Urbana

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David Eun and Bruce Patton Three-person mediation involving representatives of local Korean and African-American communities over racial tensions arising from an alleged shoplifting incident; a city representative serves as the mediator … Read More 

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Negotiation Examples in Business: Putting Your Negotiated Agreement Into Action

Posted by & filed under Negotiation Skills.

A recent article in Tufts Magazine by Program on Negotiation faculty member Jeswald Salacuse discusses an oft neglected aspect of negotiation: putting into action what negotiators agree to at the bargaining table. Normally negotiators focus on the deal-at-hand as well as those present at the negotiation, neglecting other aspects of the negotiated agreement that would not … Read More 

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Rosenberg v. Lincoln Landscaping

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Pat Aaron Three-person small claims mediation between a landscaping company and its client over a disputed bill and quality of service … Read More 

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Topics in Alternative Dispute Resolution: Values-Based Role Play Simulations for Improving Mediation Skills

Posted by & filed under Mediation.

Three role-play simulations focus on the mediation of values-based disputes. They are now available with Teaching Notes and an Annotated Bibliography from the Program on Negotiation Teaching Negotiation Resource Center. Each game provides an opportunity for students to explore how mediation might be used to address values-based and identity-based disputes–not just interest-based disputes. The parties … Read More 

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Teaching Negotiation Videos – All Downloadable!

Posted by & filed under Teaching Negotiation.

Have you been energized by the unique “aha” moment students experience when video is used in their class? Us too! At the Teaching Negotiation Resource Center we’ve seen increasing demand for our videos as they provide educators with a stimulating launching pad for group discussion. Whether videos are a frequent component in your curriculum, or even if … Read More 

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Integrative Negotiations Examples: Negotiating Skills and Negotiation Tactics for Managing Relationships

Posted by & filed under Business 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. … Read More 

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Neighborhood Care, Inc.

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Lawrence Susskind and Bruce Patton Two-party negotiation or mediation between church and neighborhood representatives over the possible use of church facilities for services for the mentally challenged … Read More 

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Negotiated Rulemaking for Electric Utilities

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Jonathan Raab and Lavinia Hall Five-person facilitated negotiation among environmental, industry, public utility, and government representatives to revise a proposed rule incorporating environmental costs into electric utility rates … Read More 

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What is Conflict Resolution, and How Does It Work?

Posted by & filed under Conflict Resolution.

If you work with others, sooner or later you will almost inevitably face the need for conflict resolution. You may need to mediate a dispute between two members of your department. Or you may find yourself angered by something a colleague reportedly said about you in a meeting. Or you may need to engage in … Read More 

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Monroe Energy Assistance Game I

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Allan Morgan and Lawrence Susskind Six-party, four-issue negotiation among representatives of consumer groups, political leaders, and public utilities to develop a statewide energy assistance plan for low-income residents … Read More 

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Negotiating the Path of Abraham: The Flip Side of the Middle East

Posted by & filed under Daily, Events.

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The Abraham Path Initiative and the Program on Negotiation at Harvard Law School are pleased to present:

Negotiating the Path of Abraham: The Flip Side of the Middle East

with William Ury Co-author of “Getting to Yes” and co-founder of Harvard’s Program on Negotiation  and Dave Cornthwaite, Leon McCarron, Hannah Messerli, James Sebenius, and José Filipe Torres Saturday October 10 1:30-5 PM Milstein East B, Wasserstein Hall Harvard Law School Campus Free … Read More 

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March at Drumcree Role Play, The

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Rose Foley, under the direction of David Fairman and Laura Keane Five-party, multi-issue, EU-mediated negotiation between representatives of Catholic and Protestant groups regarding a Protestant marching route through Catholic neighborhoods … Read More 

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Identity, Culture and Conflict Resolution

Posted by & filed under Daily, Events.

Conflict Resolution

The Program on Negotiation at Harvard Law School is pleased to host the New England Association for Conflict Resolution 2015 Fall Program: Identity, Culture and Conflict Resolution   Wednesday, October 21, 2015 UPDATED Schedule Registration –  6:30 – 7:15 pm NE-ACR Fall Program – 7:15 pm to 9:20 pm Location:   Austin Hall North, Harvard Law School Free and open to the public.

Pre-registration encouraged, … Read More 

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Long River

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Catherine Ashcraft and Larry Susskind A six-party, seven-person (including the mediator), multi-issue mediation among representatives of governmental, business, environmental, recreational, and tribal interests regarding a dispute over developing an instream flow action plan … Read More 

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Define Negotiation Skills: What Leads to Renegotiation?

Posted by & filed under Dealmaking.

Renegotiations generally are triggered for one of two reasons: an imperfect contract or changed circumstances. The goal of any written contract is to express the parties’ full understanding of their deal. Despite lawyers’ belief in their abilities to capture that agreement in writing, in practice they can only achieve that goal imperfectly, for three reasons. … Read More 

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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 … Read More 

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Least-Cost Planning Exercise

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Clinton Andrews and Lavinia Hall Six-party, multi-issue mediation among electric utilities, consumer interests, environmentalists, and mediator with technical expertise, over the best way to meet increased demands for electricity … Read More 

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Juvenile Justice Restorative Circle

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David Baharvar under the supervision of Robert C. Bordone Six- or eight-party mediated restorative justice circle among juvenile offender, offender’s parent, victim, community member, facilitators supporting each side, and one or two mediators, regarding a juvenile shoplifting incident … Read More 

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How Does Mediation Work in a Lawsuit: Choosing the Right Mediator

Posted by & filed under Mediation.

How does mediation work in a lawsuit? For those new to mediation, we advise you being by getting a list of mediators from a reputable provider agency. You can find these agencies by searching under “dispute resolution” or by inquiring with your organization’s legal department. You should ask the mediators for names of the chief … Read More 

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Humboldt

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Lawrence Susskind Eight-person, multi-issue mediation among regional government, environmental, development, and business interests regarding environmental and economic tradeoffs and ethical issues in the development of a manufacturing plant … Read More 

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After the West Coast Ports Conflict, Damage Remains

Posted by & filed under Crisis Negotiations.

No one wants to engage in crisis negotiations. When parties need to hurriedly work out a solution to a shared problem, time is short, tempers are frayed, and the disaster is looming. Feeling they’ve exhausted good-faith bargaining, parties in crisis negotiations may believe they face an impossible choice between caving in to the other side’s … Read More 

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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 … Read More 

Daily

Announcing the 2015 PON Summer Fellows

Posted by & filed under Daily, PON Summer Fellowships, Students.

About the PON Summer Fellowship Program: PON offers fellowship grants to students at Harvard University, MIT, Tufts University and other Boston-area schools who are doing internships or undertaking summer research projects in negotiation and dispute resolution in partnership with public, non-profit or academic organizations. The Summer Fellowship Program’s emphasis is on advancing the links between scholarship … Read More 

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Ellis v. MacroB

Posted by & filed under .

Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown 5-person nonscorable mediation between an employee and his/her corporate employer regarding potentially conflicting values and interests around issues of homosexuality and religious faith … Read More 

Daily

“Making Conflict Work”: A Book Talk with Dr. Peter Coleman

Posted by & filed under Daily, Events.

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The Program on Negotiation at Harvard Law School is pleased to present: Making Conflict Work: Harnessing the Power of Disagreement with Dr. Peter Coleman  

Thursday, April 9 12:00 – 1:15 PM Hauser 102 Harvard Law School Campus Free and open to the public.   About the book: Work conflict is risky. It can go bad and poison employee health, work relationships and organizational climates, or … Read More 

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Drug Testing in the Workplace

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Joel Cutcher-Gershenfeld and Roger Winthrop Three-person employment mediation between a truck driver and his company’s personnel director, mediated by an Employee Assistance Program representative, regarding a positive drug test; a four-person version also includes a union representative … Read More 

Daily

How Does Mediation Work?

Posted by & filed under Mediation.

How does mediation work in practice? As compared with other forms of dispute resolution, mediation can have an informal, improvisational feel. Mediation can include some or all of the following six steps, writes Kimberlee K. Kovach in The Handbook of Dispute Resolution (Jossey-Bass, 2005): 1. Planning. Before mediation begins, the mediator helps the parties decide where … Read More 

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DirtyStuff I

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Lawrence Susskind Five-person, multi-issue facilitated negotiation among industry, environmental, labor, and government representatives to develop single-text regulation of toxic industrial by-product … Read More 

Daily

50th Anniversary of A Behavioral Theory of Labor Negotiations

Posted by & filed under Daily, Events.

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The Program on Negotiation at Harvard Law School invites you to join us for A 50th Anniversary Celebration of A Behavioral Theory of Labor Negotiations with Robert B. McKersie and Richard E. Walton  A live webcast of this event will be available for viewing at  http://media.fas.harvard.edu/core/live/hls-live.html

Thursday, March 5, 2015 12:00 p.m. Registration opens 1:00  – 5:30 p.m. Program 5:30-6:30 p.m. Reception Wasserstein … Read More 

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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 … Read More 

Daily

VIDEO: William Ury on “Getting to Yes with Yourself”

Posted by & filed under Negotiation Skills, Videos.

On January 22nd, 2015, the Program on Negotiation was pleased to welcome back William Ury to Harvard Law School. Ury, a founding member of the Program on Negotiation and co-author of the seminal book Getting to Yes, spoke about his latest book, Getting to Yes with Yourself (and Other Worthy Opponents). Over 250 community members, students, … Read More 

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Development Dispute at Menehune Bay

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Lawrence Susskind, Thomas Dinell, and Vicki Shook Six-party, multi-issue, facilitated negotiation of a dispute over environmental issues, native rights, and commercial development interests in Hawaii … Read More 

Daily

When Family Business Disputes Require Conflict Resolution

Posted by & filed under Conflict Resolution.

The legacy of Martin Luther King Jr. is marked by lofty ideals like equal rights, peace, and justice. That’s why the news that King’s three surviving children are locked in a “power struggle,” in the words of the Los Angeles Times, that has boiled over into two lawsuits and the need for conflict resolution concerning … Read More 

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Construction in Bunyonville

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Bruce Patton Six-person, multi-issue mediation between two construction company representatives and two neighborhood residents over a construction project’s safety and noise issues; mediated by two representatives of the bank financing the construction … Read More 

Daily

Share Your Stories With The Negotiation Community

Posted by & filed under Teaching Negotiation.

At the Program on Negotiation (PON) at Harvard Law School, we know that learning from your peers can be extremely valuable. That’s why we’d like to ask you to share your experiences using the role-play simulations, videos, and other materials available through the Teaching Negotiation Resource Center (TNRC) at PON. Our goal is for you to … Read More 

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Case of the Puerile Printer

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Albie Davis and Ericka Gray Six-party mediation with employees, employer, and legal counsel over the contested result of a sexual harassment grievance procedure … Read More 

Daily

Mediation: Negotiating a More Satisfactory Divorce

Posted by & filed under Mediation.

We’ve all heard nightmarish stories of divorce battles that take years—and cost a small fortune—to resolve. The task of negotiating child and spousal support, dividing property and other possessions, and establishing child-custody arrangements can be daunting, especially when the principals are barely speaking to each other. In the worst-case scenario, bitter spouses hire cutthroat lawyers … Read More 

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Carson Extension – Mediated Version

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Holly Goo and Lawrence Susskind Seven-person, three-issue mediation among a landowner and representatives of an engineering firm, U.S. Army Corps of Engineers, town council, and environmental interests over cost and timing of removal of an unauthorized extension of property into a river … Read More 

Daily

Lawyers in Mediation and the Mediation Process

Posted by & filed under Dispute Resolution.

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 … Read More 

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Broken Benches

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Author(s): Marjorie Corman Aaron and JAMS/Endispute Four-person mediation and/or arbitration of a personal injury claim, among plaintiff, plaintiff’s lawyer, and counsel for defendant’s insurance company; arbitrator roles include possible plaintiff or defense bias … Read More 

Daily

Capture the Best of Mediation and Arbitration with Med-Arb

Posted by & filed under Mediation.

The problem: You’re not sure which of the two most 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 … Read More 

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Arms Control on Cobia

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P. Terrance Hopmann Multi-issue arms control negotiation among representatives of eight fictional countries … Read More 

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Amending Approval for the Storyville Pulp and Paper Mill

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Consensus Building Institute and Alberta Environmental Appeal Board Mediation of a three-party dispute among a paper mill, a community group, and an environmental regulatory agency over the paper mill’s air pollution permit … Read More 

Daily

Negotiating with a Mediator’s Assistance: A Case Study

Posted by & filed under Mediation.

A few years ago, Stephen B. Goldberg was asked to serve as a facilitator for and adviser to a corporate team from a telecommunications firm that was preparing to negotiate with five other telecom companies on the division of radio spectrum for cellular telephone relay satellites. … Read More 

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Rushing River Cleanup

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Bruce Patton Three-party, scoreable, single-issue negotiation among three manufacturers over two- or three-party coalitions for complying with waste cleanup regulations; variation of Three-Party Coalition Exercise … Read More 

Daily

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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 … Read More 

Daily

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Eazy’s Garage

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Bruce Patton Two-party negotiation between lawyers for an auto mechanic and a customer over a disputed auto repair bill … Read More 

Daily

Three Things to Consider When Choosing a Mediator

Posted by & filed under Mediation.

When choosing a mediator, keep in mind that you need not accept the proposals that he makes. In other words, you have total power to prevent mediation from leading to an undesirable outcome. As a result, the only risk of mediation is that you will expend time and money without reaching agreement. According to experts, mediation success … Read More 

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Chestnut Village

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Thomas Wiegand Multi-party, multi-issue negotiation between 3-4 construction company representatives and 5-6 neighborhood representatives over safety and nuisance complaints regarding a local construction project; internal team meetings precede external negotiations … Read More 

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Negotiation Journal

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The Negotiation Journal is a multidisciplinary international journal devoted to the publication of works that advance the theory, analysis, practice, and instruction of negotiation and dispute resolution. … Read More 

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Harvard Negotiation Law Review

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Negotiation, not adjudication, resolves most legal conflicts. However, despite the fact that dispute resolution is central to the practice of law and has become a “hot” topic in legal circles, a gap in the literature persists. “Legal negotiation” — negotiation with lawyers in the middle and legal institutions in the background — has escaped systematic … Read More 

Daily

Mediating Tragedy: Managing the Boston Victim’s Compensation Fund

Posted by & filed under Mediation.

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 … Read More 

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Values-Based Mediation Simulations

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Three new role-play simulations focus on the mediation of values-based disputes. They are now available with Teaching Notes and an Annotated Bibliography from the Program on Negotiation Clearinghouse. … Read More 

Daily

Negotiation Design Dimensions: A Checklist

Posted by & filed under Negotiation Skills.

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. … Read More 

Daily

Prospering in a Multiparty Trade Zone

Posted by & filed under Business Negotiations.

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. … Read More 

Daily

Think Like a Mediator

Posted by & filed under Mediation.

To set the stage for a productive discussion, open a difficult conversation with the Third Story, advise the authors of Difficult Conversations. The Third Story is one an impartial observer, such as a mediator, would tell; it’s a version of events both sides can agree on. “The key is learning to describe the gap – … Read More 

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Daily

Taking Alternative Dispute Resolution (ADR) Too Far

Posted by & filed under Mediation.

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, … Read More 

Daily

Dispute Resolution, NHL style

Posted by & filed under Dispute Resolution.

In the early hours of January 6, the National Hockey League (NHL) and the NHL Players’ Association (NHLPA) concluded a 16-hour mediation session by announcing they had reached agreement to end a 113-day lockout. The deal was finalized a week later, and the players returned to the ice for a shortened 2012-2013 season on January … Read More 

Daily

Daily

Self-Analysis and Negotiation

Posted by & filed under Negotiation Skills.

“Separate the people from the problem,” advises the best-selling negotiation text Getting to Yes. That’s certainly good counsel when tempers flare and bargaining descends into ego battles, but it’s a mistake to ignore the psychological crosscurrents in negotiation. Unless they are addressed, a deal may never be reached. … Read More 

Daily

PON Film Series Event: My Neighbourhood Screening with Julia Bacha, Just Vision

Posted by & filed under International Negotiation, Middle East Negotiation Initiative, PON Film Series.

The Program on Negotiation at Harvard Law School and the Middle East Initiative at the Harvard Kennedy School are pleased to present a screening of “My Neighborhood,” a new Just Vision documentary. A panel discussion will be held after the screening with Julia Bacha, director/producer of My Neighbourhood. … Read More 

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Daily

Daily

Water Diplomacy: Value Creating Approachs to Water Negotiation

Posted by & filed under Conflict Resolution.

Zero-sum thinking emerges when people conceive of water as a fixed resource – one provided by nature in a given quantity that is either static or diminishing. Based on these assumptions, diplomats often focus on what share of the existing water will be given to each entity. Negotiations of this type typically involve decision makers … Read More 

Daily

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 served About … Read More 

Daily

Taking ADR Too Far

Posted by & filed under Dispute Resolution.

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, … Read More 

Daily

Rapport Comes First

Posted by & filed under Conflict Resolution.

How is it that mediators – who themselves lack any power to impose a solution – nevertheless often lead bitter disputants to agreement? Substantive expertise helps, as does keen analytic skill. According to a recent survey by Northwestern University law professor Stephen Goldberg, veteran mediators believe that establishing rapport is more important than employing specific techniques … Read More 

Daily

Mediating Better Community Relations in New Orleans

Posted by & filed under Mediation.

On May 14, Susan Hutson, the independent police monitor for the city of New Orleans brought together community stakeholders and police officials to help formulate a program that would allow police officers and citizens to mediate minor disagreements, the New Orleans Times-Picayune reports. Aided by a professional mediator, citizens and officers would sit face to … Read More 

Daily

Moving Forward in Mediation Together

Posted by & filed under Mediation.

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, … Read More 

Daily

Planting the Seeds of Peace

Posted by & filed under Middle East Negotiation Initiative, Negotiation Skills.

Tucked away in an idyllic corner of Maine is a summer camp that features many traditional American activities: singing around bonfires, flag raising ceremonies, Color Wars, and chilly dips in the lake. Less ordinary, however, are the daily dialogue sessions, where Israeli and Palestinian campers heatedly discuss their identities, homelands, politics, and pain. Meet Seeds of … Read More 

Daily

Why your lawyer could be wrong about apologies

Posted by & filed under Conflict Resolution.

If you’ve ever had a minor car accident in which neither you nor the other driver was obviously at fault, familiar advice may have run through your head as you got out of your car: Don’t say you’re sorry! Don’t say you’re sorry! Most of us have been cautioned in such contexts that an apology can … Read More 

Daily

Dr. William Ury and Dr. Gary Slutkin speak at the PON screening of The Interrupters

Posted by & filed under Events, Negotiation Skills.

The Program on Negotiation Film Series recently screened The Interrupters, a documentary film that follows three “violence interrupters” as they work to prevent violence in Chicago’s neighborhoods. The interrupters are outreach workers who were once notorious for their past gang-related experience, but who now work for an organization called CeaseFire, an initiative of the Chicago … Read More 

Daily

Beyond diplomacy: Embedding peace and conflict transformation processes in Nepal and Lebanon

Posted by & filed under International Negotiation, Student Events, The Kelman Seminar.

“Beyond diplomacy:  Embedding peace and conflict transformation processes in Nepal and Lebanon”

 with Jeff Seul Chairman, Peace Appeal Foundation and

Martin Wahlisch International Lawyer and Researcher, Common Space Initiative (Beirut)    Date: November 8, 2011 Time: 4:00-6:00 PM Where: Weatherhead Center for International Affairs 1737 Cambridge Street, Room K-354, Cambridge MA Contact Chair: Donna Hicks (dhicks@wcfia.harvard.edu). Speaker Bios Jeff Seul, Chairman of the Peace Appeal Foundation, is a partner in … Read More 

Daily

Involving mediators in settlement talks

Posted by & filed under Conflict Resolution, Daily.

Adapted from “The Mediator as Team Adviser,” by Stephen B. Goldberg (professor, Northwestern University), first published in the Negotiation newsletter, May 2006. When faced with a trial, a corporation sometimes engages one law firm to represent it in court and a second law firm to explore settlement possibilities. According to conventional wisdom, the second law firm … Read More 

Daily

Shuttle diplomacy examined in July issue of Negotiation Journal

Posted by & filed under Daily, Mediation.

In the July 2011 issue of Negotiation Journal, mediator David Hoffman takes a thoughtful look at the role of caucusing in mediation in an article entitled “Mediation and the Art of Shuttle Diplomacy.” The practice of meeting separately with each disputant, while widespread, is not without controversy. Critics have argued that these private sessions give … Read More 

Daily

Bringing Mediators to the Bargaining Table

Posted by & filed under Conflict Resolution, Daily.

Adapted from “Mediation in Transactional Negotiation,” first published in the Negotiation newsletter, July 2004. We generally think of mediation as a dispute-resolution device. Federal mediators intervene when collective bargaining bogs down. Diplomats are sometimes called in to mediate conflicts between nations. So-called multidoor courthouses encourage litigants to mediate before incurring the costs—and risks—of going to trial. Scott … Read More 

Daily

Exhaust the Limits: The Life and Times of a Global Peacemaker

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

Exhaust the Limits: The Life and Times of a Global Peacemaker

with Charles F. “Chic” Dambach President & CEO, Alliance for Peacebuilding

Date: May 16, 2011

Time: 12:00PM to 1:30PM Where: Hauser Hall, Room 102, Harvard Law School Campus Chic Dambach will discuss his new memoir, Exhaust the Limits: The Life and Times of a Global … Read More 

Daily

PON Chair Robert Mnookin Interviewed on Belgian Public Broadcast

Posted by & filed under Daily, Mediation, Resources, Videos.

PON Chair Robert Mnookin suggests 2010 Great Negotiator Martti Ahtisaari as a possible  international mediator who may be able to help solve the ongoing conflict in Belgium. Professor Mnookin notes that bringing in an outside mediator can help avoid “reactive devaluation,” or the devaluing of a possible solution simply because it was suggested by an … Read More 

Daily

Let Go of Lawsuits

Posted by & filed under Daily, Dispute Resolution.

Adapted from “Helping Your Adversary to Let Go,” first published in the Negotiation newsletter. Why is it that so many lawsuits aren’t settled until the parties reach the courthouse steps? Sometimes the reason is strategic: each side may be waiting for the other to blink first. Dwight Golann, a legal scholar and veteran mediator, has identified another … Read More 

Daily

How and When to Negotiate with an Adversary

Posted by & filed under Daily, Negotiation Skills.

Robert Mnookin (Samuel Williston Professor of Law; Harvard Law School; Chair, Program on Negotiation at Harvard Law School; author of “Bargaining with the Devil”; co-author of “Beyond Winning”) What factors determine whether you should negotiate? What things influence the bargaining process? Should you negotiate with your “enemy”? If so, how? In this piece, Robert Mnookin draws … Read More 

Daily

Adding Value to E-mail Negotiations

Posted by & filed under Business Negotiations, Daily.

Adapted from “Make the Most of E-mail Negotiations,” first published in the Negotiation newsletter. At a recent social gathering of professionals, the topic of negotiating via e-mail came up. “My work team is constantly shooting e-mails back and forth,” said Sarita. “But since I’m driving and meeting with clients most of the time, I can’t respond … Read More 

Daily

Former President Martti Ahtisaari honored with Great Negotiator Award!

Posted by & filed under Daily, Events, Great Negotiator Award, International Negotiation.

The Program on Negotiation at Harvard Law School Will Honor Former President of Finland Martti Ahtisaari with the 2010 Great Negotiator Award Co-sponsored with the Future of Diplomacy Project at the Harvard Kennedy School, the Great Negotiator Event Offers Real-World Negotiation Discussion to All Students For Immediate Release CAMBRIDGE, MA (September 21,  2010) The Program on Negotiation … Read More 

Daily

Choose Your Words

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Metaphorical Negotiation,” first published in the Negotiation newsletter. Negotiators talk about building agreement, bluffing the opposition, and volleying offers back and forth. According to mediator Thomas Smith, careful attention to such metaphors can reveal deeper meaning beneath the explicit words that people use, notably regarding how they view the negotiation process and their relationship … Read More 

Daily

The beginning of organized labor

Posted by & filed under Daily, Negotiation Skills.

The Clearinghouse at PON offers hundreds of role simulations, from two-party, single-issue negotiations to complex multi-party exercises. The Pullman Strike Role Play is a simulation from the Workable Peace Curriculum Series unit on the rise of organized labor in the United States. This role play is set in the town of Pullman, Illinois, outside of Chicago, … Read More 

Daily

Announcing the 2010 PON Summer Fellows

Posted by & filed under Daily, PON Summer Fellowships.

About the PON Summer Fellowship Program: PON offers fellowship grants to students at Harvard University, MIT, Tufts University and other Boston-area schools who are doing internships or undertaking summer research projects in negotiation and dispute resolution in partnership with public, non-profit or academic organizations. The Summer Fellowship Program’s emphasis is on advancing the links between … Read More 

Daily

New Teaching Notes for Three Values-Based Mediation Simulations

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

NP@PON has developed several new Teaching Notes to accompany the three values-based and identity-based simulations described in the last NP@PON Newsletter.  The simulations are available along with an overview Teaching Note, individual teaching notes for each game, and an Annotated Bibliography. The overview Note offers extensive guidance on how to organize discussions about value-based disputes … Read More 

Daily

First, know thyself

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Self-Analysis and Negotiation,” first published in the Negotiation newsletter. “Separate the people from the problem,” advises the bestselling negotiation text “Getting to Yes”. That’s certainly good counsel when tempers flare and bargaining descends into ego battles, but it’s a mistake to ignore the psychological crosscurrents in negotiation. Unless they are addressed, a deal may … Read More 

Daily

Caught in the middle

Posted by & filed under Daily, Negotiation Skills.

Adapted from “When You’re Stuck in the Middle,” by Susan Hackley (Managing Director, Program on Negotiation), first published in the Negotiation newsletter. At a company in a Midwestern city, employees were divided into two camps: those loyal to the founder and his vision of a mom-and-pop business with a dozen regional stores, and those aligned with … Read More 

Daily

Mediating disputes on the job

Posted by & filed under Daily, Mediation.

Adapted from “Resolve Employee Conflicts with Mediation Techniques,” first published in the Negotiation newsletter.

If you manage people, disputes will show up at your door. The marketing VP protests that the budget cap you and your new finance VP proposed is hindering a research initiative you supported. Two young sales representatives are embroiled in a … Read More 

Daily

Choosing a mediator

Posted by & filed under Daily, Mediation.

Adapted from “Beyond Blame: Choosing a Mediator,” by Stephen B. Goldberg (professor, Northwestern University), first published in the Negotiation newsletter.

When a negotiation escalates into a dispute, most managers understand the value of seeking out a mediator for professional assistance with the matter. The question of whom to hire, however, is less clear-cut. What type of … Read More 

Daily

New Live-Mediation Teaching Video Available for Purchase

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

In preparation for last May’s Mediation Pedagogy Conference at Harvard Law School, NP@PON produced a video of an actual landlord-tenant small claims mediation – from start to finish, including side-bar conversations. It is rare that actual (as opposed to staged or acted) mediations are available for instructional purposes. The mediator in this case is Charles … Read More 

Daily

Insights from a Communication and Negotiation Conference: The Benefits of Not Knowing

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

An Experiment: Exploring Interdisciplinary Linkages between Negotiation and Communication Studies What would negotiation pedagogy look like if we focused more on the core meanings and practices of communication? How can understanding the underpinnings of communication – the components of conversation and the exchange of meaning – help us understand and improve our negotiations? The weekend of … Read More 

Daily

Summary of Mediation Pedagogy Conference Participant Survey Results

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

To better understand the teaching needs of the mediation community, Negotiation Pedagogy at the Program on Negotiation (NP@PON) organized a Mediation Pedagogy Conference in May of 2009. In advance of the conference, an 18-question online survey was sent to the 175 conference presenters and registered participants. The 75% response rate allowed us to illuminate important … Read More 

Daily

Deception in Negotiation

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Smart Alternatives to Lying in Negotiation,” by Deepak Malhotra (associate professor, Harvard Business School), first published in the Negotiation newsletter. Daniel, a senior manager at a large consumer products firm, has been asked by a company vice president to submit a detailed budget request for his department. Daniel has an incentive to overstate anticipated … Read More 

Daily

A closer look at court-sponsored mediation

Posted by & filed under Mediation.

Adapted from “Does Lawsuit Mediation Really Work”?  First published in the Negotiation newsletter. No one likes to go to court. Not only is it expensive and time-consuming, it often leads to frustrating results and damaged relationships. So is court-sponsored mediation a better route? The answer is “sometimes,” according to a comprehensive survey of court-affiliated mediation programs … Read More 

Daily

Obama as mediator?

Posted by & filed under Daily, Mediation.

Recently, a local incident grew into a national dispute that seemed ripe for mediation. After being locked out of his home and forcing his way in, Henry Louis Gates, an African-American Harvard University professor, had a confrontation with Cambridge, Massachusetts police sergeant James Crowley and was arrested for disorderly conduct. In a press conference, President … Read More 

Daily

The Consensus Building Approach to Dealing With Town Hall Disruptions

Posted by & filed under Conflict Resolution.

The debate over how to reform health care has quickly become volatile and often unproductive, with the media focusing on who brings the largest group of shouting protesters. Professor Lawrence Susskind of the Program on Negotiation and the Consensus Building Institute outlines in his blog how to use a consensus building approach to improve the level … Read More 

Daily

Negotiation Journal July issue focuses on mediation, multi-party negotiation, trade negotiations and curiosity

Posted by & filed under Daily, Mediation.

As the use of mediation continues to grow, researchers continue to examine what makes mediators effective and what the impact of mediation is on parties in dispute. Four articles in the July 2009 issue of Negotiation Journal provide an in-depth view of mediation effectiveness, with some interesting findings. In the first article, Stephen Goldberg, Margaret Shaw, … Read More 

Daily

Mediation Pedagogy Conference

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

Registration is now closed for the NP@PON Mediation Pedagogy Conference. Professors Lawrence Susskind (MIT) and Michael Wheeler (Harvard Business School) are pleased to announce a Mediation Pedagogy Conference to be held by Negotiation Pedagogy at the Program on Negotiation at Harvard Law School (NP@PON). This two-day Conference will be held Friday, May 15 and Saturday, May … Read More 

Daily

Negotiating When Business and Family Collide

Posted by & filed under Daily, Mediation.

Basic negotiation skills may seem easy to apply in business situations but what about when business and family collide? For example, a 69-year-old CEO of a large financial firm that has been in his family for three generations is considering retirement. He has three children who may be interested in taking over the business in addition … Read More 

Daily

Rare video of a small-claims mediation

Posted by & filed under Daily, Mediation.

Negotiation Pedagogy at the Program on Negotiation (NP@PON) produced a video of an actual landlord-tenant small claims mediation – from start to finish, including side-bar conversations – for its 2009 Mediation Pedagogy Conference. It is rare that an actual (as opposed to staged or acted) mediation is available for instructional purposes. Of the many different … Read More 

Daily

Conflict within Companies

Posted by & filed under Conflict Resolution.

Conflict within companies can be very costly, both in time and resources. Alternative Dispute Resolution, or ADR, may be helpful as you consider ways in which you can transition from conflict to productivity within your own organization. The three most common ADR techniques are: mediation, arbitration, and med-arb. During mediation a neutral third party facilitates a … Read More