For more advice on leading an ADR process in your organization, consult these books.
resolving
The following items are tagged resolving.
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.
Negotiate, Don’t Litigate
When you’re thinking about resolving a dispute in court, it’s crucial to remember that the decision that will be imposed on you is binding.
If blinders lead a judge to grant a motion that should be denied, deny a motion that should be granted, assign responsibility to the wrong party, or award too much or too little in damages, there can be no going back.
Advanced Negotiation Master Class
In the mid-1990s, a young JD/MBA student at Harvard was writing a case study about a railroad deal that was ongoing at the time. Somewhat to his surprise, he landed an interview with Bruce Wasserstein, the renowned dealmaker who had pioneered the hostile takeover, and who was a consultant in the railroad negotiations.
It was a fascinating conversation, the student remembers.
“I began to recognize that sophisticated dealmakers play the game at a different level – like a chess game instead of trying to scream and yell louder than others in the room.
“Rather than a frontal assault, sophisticated dealmakers engage in a carefully thought-through sequencing strategy: Get all the pieces lined up, to the point where when you go in the room, it’s basically a done deal.”
Like many of us, this student was hooked by the sweet art of negotiation … and he went on to become a world-renowned dealmaker, instrumental in megadeals such as Oracle’s $10.3 billion hostile takeover bid for PeopleSoft, Cox Enterprises’ $8.9 billion freeze-out of minority shareholders in Cox Communications, the $6.6 billion leveraged buyout of Toys “R” Us, and Exelon’s $8.0 billion hostile takeover bid for NRG.
Negotiation Master Class Program Guide
For the first time ever, the Program on Negotiation is offering a master-level course for negotiators. The program is highly personalized and taught by 4 negotiation experts from Harvard and MIT. If you are selected to participate, you will be assigned to small learning groups, take part in dynamic exercises with two-way feedback, work closely with faculty members to develop a strategy that addresses personal negotiation challenges, and particpate in intensive simulations.
Grant Strother (HLS 2012) Wins Conflict Prevention and Resolution Award for Best Original Student Article
Recent Harvard Law School Graduate Grant Strother ’12 was selected to receive The International Institute for Conflict Prevention & Resolution (CPR) Outstanding Original Student Article Award for his paper, “Resolving Cultural Property Disputes in the Shadow of the Law.” This award recognizes a student article or paper that is focused on events or issues in the field of ADR.
Negotiation and Leadership: Dealing with Difficult People and Problems
Our April seminar is currently sold out. To be added to the waiting list, please email pon@law.harvard.edu or call 1-800-391-8629.
This course examines core decision-making challenges, analyzes complex negotiation scenarios, and provides a range of competitive and cooperative negotiation strategies. Whether you’re an experienced executive or and up-and-coming manager – working in the private or public sector – this program will help you shape important deals, negotiate in uncertain environments, improve working relationships, claim (and create) more value, and resolve seemingly intractable disputes. In short, this three-day executive education program will prepare you to achieve better outcomes at the table, every single time.
PON co-sponsors negotiation skills training for Israeli and Palestinian students
Thanks to leadership from the Middle East Negotiation Initiative (MENI) of the Program on Negotiation at Harvard Law School, a series of negotiation skills trainings was recently provided to eleventh grade students from Jewish and Arab schools in Israel. These two-day workshops, co-sponsored by the Program on Negotiation and the Amal Network and funded by
David A. Hoffman
David A. Hoffman is an attorney, mediator, arbitrator, and founding member of Boston Law Collaborative, LLC. David teaches the Mediation course at Harvard Law School, where he is the John H. Watson Jr. Lecturer on Law, and co-teaches the Mediation course at the Harvard Negotiation Institute of the Program on Negotiation. He has also been the lead trainer in several mediation trainings for the American Bar Association.
Gary J. Friedman
Gary J. Friedman has bee practicing law as a mediation with the MEdiation Law Offices in Mill Valley, California, since 1976, integrating meditative principles into the practice of law and the resolution of legal disputes. Through the non-profit organization which he co-founded, The Center for Understanding in Conflict (formerly the Center for Mediation in Law), he has been teaching mediation since 1980.









