Dispute Resolution

Dispute resolution generally refers to one of several different processes used to resolve disputes between parties, including negotiation, mediation, arbitration, collaborative law, and litigation. Dispute resolution is the process of resolving a dispute or a conflict by meeting at least some of each side’s needs and addressing their interests. Dispute resolution strategies include fostering a rapport, considering interests and values separately, appealing to overarching values, and indirect confrontation.

Conflict resolution, to use another common term, is a relatively new field, emerging after World War II. Scholars from the Program on Negotiation were leaders in establishing the field.

Mediation can be effective at allowing parties to vent their feelings and fully explore their grievances. Working with parties together and sometimes separately, mediators try to help them hammer out a resolution that is sustainable, voluntary, and nonbinding. In arbitration, the arbitrator listens as each side argues its case and presents relevant evidence, then renders a binding decision. Litigation typically involves a defendant facing off against a plaintiff before either a judge or a judge and jury. The judge or jury is responsible for weighing the evidence and making a ruling. Information conveyed in hearings and trials usually enters the public record.

There are many aspects of disputes, including value creation opportunities, agency issues, organizational influences, ethical considerations, the role of law, and decision tools.

Articles offer numerous examples of dispute resolution and explore various aspects of it, including international conflict resolution, how it can be useful in your personal life, skills needed to achieve it, and training that hones those skills.

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Seeing the Middle East in a New Way: Films from the Abraham Path with William Ury

PON Staff   •  11/24/2009   •  Filed in Conflict Resolution, Daily, Dispute Resolution, Events, International Negotiation, PON Film Series


Seeing the Middle East in a New Way: Films from the Abraham Path

with William Ury

Tuesday, December 8, 2009
Ames Courtroom, Austin Hall
Harvard Law School Campus
Join the Program on Negotiation for a film screening and discussion about The Abraham Path (Masar Ibrahim al Khalil), a route of cultural tourism which follows the footsteps of Abraham/Ibrahim through the … Learn More About This Program

How to say “I’m sorry”

PON Staff   •  10/22/2009   •  Filed in Daily, Dispute Resolution

Adapted from “Wise Negotiators Know When to Say ‘I’m Sorry’” by Maurice E. Schweitzer, Associate Professor, the Wharton School at the University of Pennsylvania.

In negotiation, it’s unavoidable: sooner or later, you’ll do or say something that offends or hurts your counterpart. Whether or not the harm you cause is intentional, you’ll need to rebuild trust … Read How to say “I’m sorry”

Harvard Law School Spotlight on Harvard Negotiation and Mediation Clinical Program

PON Staff   •  08/20/2009   •  Filed in Daily, Dispute Resolution, Harvard Negotiation and Mediation Clinical Program, News

Harvard Law School’s News Office recently interviewed Harvard Law School’s Negotiation & Mediation Clinical Program (HNMCP) students and faculty about three of the projects on which they worked during the Spring of 2009.
Click here to read the entire interview http://www.law.harvard.edu/news/spotlight/clinical-practice/clinic.html
Harvard Law School’s Negotiation & Mediation Clinical … Learn More About This Program

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