Mediation

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 the Program on Negotiation.

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Three Things to Consider When Choosing a Mediator

PON Staff   •  12/16/2013   •  Filed in Mediation

When choosing a mediator, keep in mind that you need not accept the proposals that he makes. In other words, you have total power to prevent mediation from leading to an undesirable outcome.

As a result, the only risk of mediation is that you will expend time and money without reaching agreement.

According to experts, mediation success … Read Three Things to Consider When Choosing a Mediator

Leaving millions on the table

PON Staff   •  05/15/2013   •  Filed in Mediation

It’s hard to imagine a situation in which negotiating counterparts would choose to sacrifice hundreds of millions of dollars rather than reach agreement. But this is the choice that New York City and its teachers union, the United Federation of Teachers (UFT), made in January when they declared impasse on a new teacher evaluation system.

Back … Read Leaving millions on the table

Social Perceptions at the Crossroads: Why Sex (Still) Impacts the Perception and Evaluation of Other Status-Linked Identities

PON Staff   •  05/07/2013   •  Filed in Events, Mediation

On November 1, 2012, Professor Kerri Johnson from the University of California, Los Angeles, delivered a talk at the Harvard Kennedy School. Her lecture, entitled “Social Perceptions at the Crossroads: Why Sex (Still) Impacts the Perception and Evaluation of Other Status-Linked Identities,” was part of a year-long research seminar co-sponsored by the Program on Negotiation … Learn More About This Program

Think Like a Mediator

PON Staff   •  03/12/2013   •  Filed in Mediation

To set the stage for a productive discussion, open a difficult conversation with the Third Story, advise the authors of Difficult Conversations. The Third Story is one an impartial observer, such as a mediator, would tell; it’s a version of events both sides can agree on. “The key is learning to describe the gap – … Read Think Like a Mediator

Taking Alternative Dispute Resolution (ADR) Too Far

PON Staff   •  02/27/2013   •  Filed in Mediation

More and more companies are inserting alternative dispute resolution (ADR) clauses in their contracts with customers and vendors, and even in agreements with their own employees. ADR processes such as mediation and arbitration can be beneficial for all concerned if they help avoid the cost, delay, and uncertainty of going to court. Mediation, in particular, … Learn More About This Program

Mediation, Arbitration, and the Promise of Privacy

PON Staff   •  10/22/2012   •  Filed in Mediation

Negotiators often choose to resolve their conflicts through mediation, arbitration, and other alternative dispute resolution methods because of the privacy these methods promise. Unlike the public nature of litigation, mediation and arbitration typically give parties the freedom to hash out sensitive issues without the fear that their discussions and agreement will become public knowledge. Two … Learn More About This Program

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