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.
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 
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
Organizations have long recognized the value of hiring professional mediators to help resolve disputes. More and more, managers have begun to also see value in securing mediation training for themselves and their employees. Although there are times when the services of an unbiased, professional mediator are needed, there may also be instances in which employees … Read More
In three experiments, Roman Trötschel and colleagues found that perspective taking helped self-interested negotiators discover opportunities to log roll and generate mutual gains that reduced partial impasse. … Read More
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. … 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
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. … Read More
What role does a mediator play in internal negotiations? In this article, mediation in the context of negotiation is discussed with reference to recent findings in negotiation research. … Read More
Imagine leading negotiations involving representatives from most of the world’s nations on a contentious topic such as sustainable development. Where would you start? How would you proceed when conflict emerged? How would you know when it was time to wrap things up? … Read More
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