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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New Teaching Notes for Three Values-Based Mediation Simulations

PON Staff   •  06/05/2010   •  Filed in Daily, Mediation, Pedagogy at PON

NP@PON has developed several new Teaching Notes to accompany the three values-based and identity-based simulations described in the last NP@PON Newsletter.  The simulations are available along with an overview Teaching Note, individual teaching notes for each game, and an Annotated Bibliography. The overview Note offers extensive guidance on how to organize discussions about value-based disputes … Learn More About This Program

Crisis negotiations: how should the US engage with Iran?

PON Staff   •  02/03/2010   •  Filed in Mediation

Negotiation experts played a variety of roles in working through possible scenarios for negotiating with Iran over the issue of nuclear capability. As shown on the PBS television program, The Charlie Rose Show, the experts posed questions and “gamed out” different options, imagining possible responses of the other parties. PON affiliate Ehud Eiran participated in … Learn More About This Program

Mediating disputes on the job

PON Staff   •  01/26/2010   •  Filed in Daily, Mediation

Adapted from “Resolve Employee Conflicts with Mediation Techniques,” first published in the Negotiation newsletter.

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 … Read Mediating disputes on the job

Choosing a mediator

PON Staff   •  01/26/2010   •  Filed in Daily, Mediation

Adapted from “Beyond Blame: Choosing a Mediator,” by Stephen B. Goldberg (professor, Northwestern University), first published in the Negotiation newsletter.

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 … Read Choosing a mediator

New Live-Mediation Teaching Video Available for Purchase

PON Staff   •  01/05/2010   •  Filed in Daily, Mediation, Pedagogy at PON

What Makes a Good Mediator?

In preparation for last May’s Mediation Pedagogy Conference at Harvard Law School, NP@PON produced a video of an actual landlord-tenant small claims mediation – from start to finish, including side-bar conversations. It is rare that actual (as opposed to staged or acted) mediations are available for instructional purposes. The mediator in this case is Charles … Learn More About This Program

Summary of Mediation Pedagogy Conference Participant Survey Results

PON Staff   •  01/05/2010   •  Filed in Daily, Mediation, Pedagogy at PON

To better understand the teaching needs of the mediation community, Negotiation Pedagogy at the Program on Negotiation (NP@PON) organized a Mediation Pedagogy Conference in May of 2009. In advance of the conference, an 18-question online survey was sent to the 175 conference presenters and registered participants. The 75% response rate allowed us to illuminate important … Learn More About This Program

Boston Globe Highlights Kenneth Feinberg’s Visit to Prof. Robert Bordone’s Dispute System Design Course

PON Staff   •  12/08/2009   •  Filed in Business Negotiations, Daily, Dispute Resolution, Mediation

On Tuesday, December 8, 2009, the Front Page of the Boston Globe featured an article on Kenneth Feinberg, President Obama’s “Pay Czar.” Feinberg was a guest lecturer at Professor Robert Bordone’s Dispute Systems Design Course.

To read the Boston Globe article online, click here.

For more information about the Dispute Systems Design Course and Prof. Bordone’s clinical … Learn More About This Program

Obama as mediator?

PON Staff   •  09/15/2009   •  Filed in Daily, Mediation

Recently, a local incident grew into a national dispute that seemed ripe for mediation. After being locked out of his home and forcing his way in, Henry Louis Gates, an African-American Harvard University professor, had a confrontation with Cambridge, Massachusetts police sergeant James Crowley and was arrested for disorderly conduct. In a press conference, President … Read Obama as mediator?

Mnookin Calls for Mediation

PON Staff   •  07/24/2009   •  Filed in Daily, Mediation, News

In an interview with the Boston Globe, Professor Robert H. Mnookin, Chair of the Program on Negotiation at Harvard Law School, responds to the national debate on the arrest of Harvard Professor Henry Lewis Gates, Jr..

Mnookin calls for mediation to resolve the conflict between Prof. Gates and the arresting officer. Click here to read … Read Mnookin Calls for Mediation

Negotiation Journal July issue focuses on mediation, multi-party negotiation, trade negotiations and curiosity

PON Staff   •  06/23/2009   •  Filed in Daily, Mediation

As the use of mediation continues to grow, researchers continue to examine what makes mediators effective and what the impact of mediation is on parties in dispute. Four articles in the July 2009 issue of Negotiation Journal provide an in-depth view of mediation effectiveness, with some interesting findings.

In the first article, Stephen Goldberg, Margaret Shaw, … Learn More About This Program

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