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.
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
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
Little has been written on what it takes to create a great case study of a negotiation. What needs to be taken into account in deciding whether a particular negotiation merits a written case study? What are the guidelines for writing negotiation cases? Do the traditional guidelines for preparing case studies in other fields apply?
Adapted from “Dealing with Backstage Negotiators,” first published in the Negotiation newsletter.
Negotiated agreements sometimes go off the rails in the final hour because one side caves in to a constituent’s wishes despite having the authority to make a commitment. Because people tend to approach negotiations with an “us versus them” mentality, they may succumb to
“Uncommon Loss: Common Bond,” published in the Harvard Law School Bulletin discusses Project Common Bond, which was started by two former Harvard Negotiation and Mediation Clinical Program students working with Professor Robert Bordone and clinic associate, Toby Berkman.
“For teens… from around the globe with family members killed or seriously injured in acts of violence,
Stevenson Carlebach, Director of Eque LLC, is an independent trainer and consultant in the fields of negotiation, communication, and dispute resolution. Much of his work focuses on strategic relationship management for Fortune 500 companies all over the world, including Goldman Sachs, BP Amoco, L.L. Bean, Citigroup, IBM, PWC, Microsoft and Deloitte & Touche. In addition to teaching, Stevenson also designs programs, consults and coaches executives.
Professor Robert Bordone, director of the Harvard Negotiation and Mediation Clinical Program and Tobias Berkman, Associate of HNMCP, published an article in the Harvard Negotiation Law Review titled Negotiation Advice for the 112th Congress. To read the full article, click here.
“There will be many post-mortems in the wake of the historic changes brought about
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
A troubled man bursts into your child’s schoolhouse. Without warning, he chases out all the boys and lines the girls up. Then he begins to shoot them one by one. For decades your people’s backs have been broken by the oppressive yoke of Apartheid. Suddenly, the tables are turned and you and your friends are
“In the polarized atmosphere of Washington, D.C. today, consensus is becoming an increasingly rare commodity, as this year’s debates over health care reform and financial regulation have made clear. To help curb that trend, twenty senior federal officials – both Republicans and Democrats – met in Washington in July to hone
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