PON – Program on Negotiation at Harvard Law School - https://www.pon.harvard.edu
Mediation is a process of third-party involvement in a dispute. A mediator cannot impose an outcome but rather assists the disputing parties in reaching their own agreement. Mediation can be used in a wide range of disputes, including labor disputes, public policy disputes, disagreements among nations, family disputes, and neighborhood and community quarrels. According to research, about 80% of dispute mediations lead to resolution.
A mediator must be able to command trust and confidence by building a rapport with the parties in the mediation process. Opponents must feel their interests are truly understood, because only then can a mediator reframe problems and float creative solutions.
As compared with other forms of dispute resolution, mediation can have an informal, improvisational feel. It can include some or all of the following mediation techniques for conflict resolution:
Planning: Before the process begins, the mediator helps the parties decide where they should meet and who should be present.
Joint discussion: After each side presents its opening remarks, the mediator and the disputants are free to ask questions with the goal of arriving at a better understanding of each party’s needs and concerns.
Caucuses: If emotions run high during a joint session, the mediator might split the two sides into separate rooms for private meetings, or caucuses.
Negotiation: At this point, it’s time to begin formulating ideas and proposals that meet each party’s core interests—familiar ground for any experienced negotiator. A mediator can lead the negotiation with all parties in the same room, or may engage in “shuttle diplomacy,” moving back and forth between the teams, gathering ideas, proposals, and counterproposals.
These and other techniques and strategies are discussed in articles available at PON.
There is a better way to resolve your dispute: by hiring an expert mediator with a focus on interests – the needs, desires, or concerns that underlie each side’s positions according to negotiation research on mediation techniques. … Read More 
In 2009, we collected many types of curriculum materials from teachers and trainers who attended the 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 … Read More
Many negotiation researchers debating the merits of mediation vs arbitration wonder why alternative dispute resolution mechanisms are not more popular than they currently are. … Read More
How can you get through to people who seem uninterested in finding common ground? How can you deal with seemingly irrational negotiators who use insults, threats, and other hardball tactics to try to get their way? … Read More
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. That’s where online mediation comes in. … Read More
Logrolling is the act of trading across issues in a negotiation. Logrolling requires that a negotiator knows his or her own priorities, but also the priorities of the other side. If one side values something more than the other, they should be given it in exchange for reciprocity on issues that are a higher priority … Read More
A contract dispute in the spring of 2019 between the Chicago Symphony Orchestra (CSO) and its musicians led to a disruptive seven-week strike, the longest in the venerable orchestra’s 128-year history. An unexpected intervention by Chicago’s departing mayor drew the dispute to a harmonious finale—and illustrates the role of the mediation process in conflict resolution.
Negotiations … Read More
Knowing what to look for in a mediator is key to successful dispute resolution. Know what qualities to look for, the purpose of the mediator, and how alternative dispute resolution (ADR) processes like mediation can benefit even the most entrenched disputes. … Read More
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 … Read More
As the famous tale “The Gift of the Magi” illustrates, sometimes the best outcomes in negotiated agreements is a lose-lose situation for both parties. … Read More
Contact us: Call 1-800-391-8629 (outside the US: +1-301-528-2676) between 9 a.m. and 5 p.m. ET any business day or email hni@law.harvard.edu
BATNA
Business Negotiations
Conflict Resolution
Crisis Negotiations
Dealing with Difficult People
Dealmaking
Dispute Resolution
International Negotiation
Leadership Skills
Mediation
Negotiation Skills
Negotiation Training
Salary Negotiations
Teaching Negotiation
Win-Win Negotiations
Lost your password? Create a new password of your choice.
Copyright © 2020 Negotiation Daily. All rights reserved.
