Using Mediators to Resolve Disputes
You’ve seen how mediators can help one organizational team prepare for a complex negotiation. But what about when litigation looms? … Read Using Mediators to Resolve Disputes
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:
These and other techniques and strategies are discussed in articles available at the Program on Negotiation.
You’ve seen how mediators can help one organizational team prepare for a complex negotiation. But what about when litigation looms? … Read Using Mediators to Resolve Disputes
The most difficult peace negotiations in recent decades—in Ireland, the Middle East, the former Yugoslavia, and Sri Lanka—were plagued by a common enemy: violent disruptions by spoilers opposed to the peace process. In each of these cases, extremists stalled negotiations by creating security crises that divided public opinion and drove negotiators apart. … Learn More About This Program
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. Two young sales representatives are embroiled in a turf war. Your administrative assistant is upset because the HR director won’t approve the … Learn More About This Program
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When a negotiation escalates into a dispute, most managers understand the value of seeking out a mediator for professional assistance with the matter. The question of whom to hire, however, is less clear-cut. What type of expetise should your mediator have, and where should you look for her? In this article, we will walk you … Read Is Mediation Expertise What You Need?
Q: As a senior manager at my company, I have spent most of the past year trying to settle litigation with another company in our industry. We are about to go into our third mediation session in a few weeks. However, I have just been promoted to a job where I will have responsibility for … Learn More About This Program
How does mediation work in practice? 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, writes Kimberlee K. Kovach in The Handbook of Dispute Resolution (Jossey-Bass, 2005):
1. Planning. Before mediation begins, the mediator helps the parties decide where … Read How Does Mediation Work?
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