Parties engaged in disputes are often unable to reconcile their differences alone, or fail to reach outcomes that are adequate for everyone. Mediators can add a great deal of value by helping parties to efficiently and effectively examine the issues at hand, take the interests and perspectives of all the stakeholders into account, and identify creative solutions that leave everyone better off than they would be in the absence of agreement. Mediators offer a suite of techniques to support effective problem-solving. The must remain non-partisan while helping all the parties work through issues both together and separately, away from the table.
Training effective mediators is a core objective of the Program on Negotiation. The Teaching Negotiation Resource Center (TNRC) thus offers a wide range of materials for various audiences, from students looking for a basic introduction to seasoned professionals looking to enhance their skills.
Topics addressed in the suite of role-play exercises range from local property disputes, like what to do about an illegally constructed seawall in Carson Extension, to tensions between religious and ethnic groups, as are examined in The March at Drumcree Role Play. More than a dozen videos illustrating effective mediation in practice, introducing great mediators, and presenting lectures on effective mediation are also available. Books available profile effective mediators and mediation techniques.
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Role Simulations
Environment and Sustainability Negotiation Role-Play:
Amending Approval for the Storyville Pulp and Paper Mill
Consensus Building Institute and Alberta Environmental Appeal Board
Mediation of a three-party dispute among a paper mill, a community group, and an environmental regulatory agency over the paper mill's air pollution permitInternational Relations Negotiation Role-Play:
Arms Control on Cobia
P. Terrance Hopmann
Multi-issue arms control negotiation among representatives of eight fictional countriesPublic Dispute Negotiation Role-Play:
Carson Extension - Mediated Version
Holly Goo and Lawrence Susskind
Seven-person, three-issue mediation among a landowner and representatives of an engineering firm, U.S. Army Corps of Engineers, town council, and environmental interests over cost and timing of removal of an unauthorized extension of property into a riverCorporate Decision-Making Negotiation Role-Play:
Case of the Puerile Printer
Albie Davis and Ericka Gray
Six-party mediation with employees, employer, and legal counsel over the contested result of a sexual harassment grievance procedureCommunity Dispute Negotiation Role-Play:
Construction in Bunyonville
Bruce Patton
Six-person, multi-issue mediation between two construction company representatives and two neighborhood residents over a construction project's safety and noise issues; mediated by two representatives of the bank financing the constructionCommunity Dispute Negotiation Role-Play:
Dioxin - Waste to Energy Game
Denise Madigan, Steve Foster, and Lawrence Susskind
Six-party, multi-issue negotiation among four scientists, a city representative, and an environmentalist to develop the city's solid waste management strategy; also known as: Dioxin: Resource Recovery.Pat Aaron
Three-person mediated small-claims dispute between a dry cleaning business and a customer over compensation for torn shirtsHealth / Medicine / Pharmaceutical Negotiation Role-Play:
Drug Testing in the Workplace
Joel Cutcher-Gershenfeld and Roger Winthrop
Three-person employment mediation between a truck driver and his company's personnel director, mediated by an Employee Assistance Program representative, regarding a positive drug test; a four-person version also includes a union representativeValues-based / Identity-based Dispute Negotiation Role-Play:
Ellis v. MacroB
Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown
5-person nonscorable mediation between an employee and his/her corporate employer regarding potentially conflicting values and interests around issues of homosexuality and religious faithLaw / Courts Negotiation Role-Play:
Gator v. City of Quincy
Karen Falkenstein Green
Three-person small-claims mediation between a motorist and a city attorney regarding liability for damage to the motorist's automobile due to a potholeGlobal Treaty-Making Negotiation Role-Play:
Global Management of Organochlorines
Lawrence Susskind, Sarah McKearnan, Mike Gordon, Adil Najam, Joshua Secunda, Granville Sewell, Parag Shah and Andrea Strimling
Thirteen-person, multi-issue facilitated negotiation among eight country representatives, four NGO representatives, and a working group chairperson must draft a treaty aimed at reducing harmful organochlorines; also known as "Chlorine Game"Climate Change Negotiation Role-Play:
How to Handle the Public Health Impacts of Climate ChangeA Community Role-play Simulation
Hannah Payne and Genea Foster under the direction of Lawrence Susskind
A seven-party role-play simulation involving a diverse set of stakeholders who must consider the short-term and long-term public health impacts of climate change while assessing the pros and cons of specific (and conflicting) risk management strategiesPublic Dispute Negotiation Role-Play:
HumboldtMediating a Regional Development Dispute
Lawrence Susskind
Eight-person, multi-issue mediation among regional government, environmental, development, and business interests regarding environmental and economic tradeoffs and ethical issues in the development of a manufacturing plantEnvironment and Sustainability Negotiation Role-Play:
Hydropower In SantalesDealing With The Social And Environmental Impacts Of Energy Development
Jennie Hatch under the supervision of Lawrence Susskind
Six-party, multi-issue negotiation focused on issues of public engagement in hydropower-based energy developmentScience-Intensive Policy Disputes Negotiation Role-Play:
IndopotamiaNegotiating Boundary-Crossing Water Conflicts
Catherine M. Ashcraft under the supervision of Professors Lawrence Susskind and Shafiqul Islam
Mediation Role-Play:
John & MaryWorkplace mediation involving allegations of sexual harassment
James Lawrence
Five- or six-person mediation between manufacturing company management and a former employee (and their respective counsel) regarding the employee's departure amid allegations of sexual harassment; optional extra role for manager accused of harassmentCommunity Dispute Negotiation Role-Play:
Juvenile Justice Restorative Circle
David Baharvar under the supervision of Robert C. Bordone
Six- or eight-party mediated restorative justice circle among juvenile offender, offender's parent, victim, community member, facilitators supporting each side, and one or two mediators, regarding a juvenile shoplifting incidentBusiness and Commercial Dispute Negotiation Role-Play:
Least-Cost Planning Exercise
Clinton Andrews and Lavinia Hall
Six-party, multi-issue mediation among electric utilities, consumer interests, environmentalists, and mediator with technical expertise, over the best way to meet increased demands for electricityMediation Role-Play:
Little v. Jenks
Karen Falkenstein Green
Two-party small-claims settlement mediation between two former friends over the sale of a problematic used carScience-Intensive Policy Disputes Negotiation Role-Play:
Long RiverConfronting the Challenges of Instream Flow
Catherine Ashcraft and Larry Susskind
A six-party, seven-person (including the mediator), multi-issue mediation among representatives of governmental, business, environmental, recreational, and tribal interests regarding a dispute over developing an instream flow action planPublic Dispute Negotiation Role-Play:
Managing Growth in Rockville
Armand Ciccarelli and Lawrence Susskind
Seven-person, multi-issue mediation among business, planning, environmental, and agricultural interests regarding growth management and comprehensive planningValues-based / Identity-based Dispute Negotiation Role-Play:
March at Drumcree Role Play, TheWorkable Peace: Religion and Nationalism in Northern Ireland
Rose Foley, under the direction of David Fairman and Laura Keane
Five-party, multi-issue, EU-mediated negotiation between representatives of Catholic and Protestant groups regarding a Protestant marching route through Catholic neighborhoodsBusiness and Commercial Dispute Negotiation Role-Play:
Mouse Exercise
Geoffrey Fink and Maria Baute Stewart
Seven-party, multi-issue negotiation among a theme-park developer, neighboring mayors, a regional organization, and a national government representative over the development of a proposed theme park; involves coalition-building and cultural issuesCorporate Decision-Making Negotiation Role-Play:
Negotiation of Rabbi Ben Newman's Employment Contract, The
Three party, single-issue negotiation of a rabbi’s employment contract
Community Dispute Negotiation Role-Play:
Neighborhood Care, Inc.
Lawrence Susskind and Bruce Patton
Two-party negotiation or mediation between church and neighborhood representatives over the possible use of church facilities for services for the mentally challengedConsumer Dispute Negotiation Role-Play:
Rosenberg v. Lincoln Landscaping
Pat Aaron
Three-person small claims mediation between a landscaping company and its client over a disputed bill and quality of serviceCross-Cultural Negotiation Role-Play:
Seoul Food in Urbana
David Eun and Bruce Patton
Three-person mediation involving representatives of local Korean and African-American communities over racial tensions arising from an alleged shoplifting incident; a city representative serves as the mediatorValues-based / Identity-based Dispute Negotiation Role-Play:
Springfield OutFest
Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown
This is a six-person, non-scorable negotiation simulation focused on mediating values-based legal disputes, specifically disputes involving conflicting views and values regarding homosexuality and religious faith.Public Dispute Negotiation Role-Play:
Summitville Service Agreement
Patrick Field and Tracy Dyke
A two-team (four-party), co-mediated, multi-issue negotiation simulation involving a bitter property tax dispute between a small town and an Indian band living on a nearby reservationOrganizational Development / Change Negotiation Role-Play:
Trademore Personnel
Lawrence Susskind and Bruce Patton
Three-person, integrative, facilitated negotiation with two department heads and a Human Resources observer/facilitator regarding the possible transfer of an employee from one department to the otherMediation Role-Play:
Tucker Graphics, Inc. and Nihon Ichiban Technology
Sean Cote under the supervision of Abram Chayes and Antonia Handler Chayes
Three-person mediated or arbitrated settlement conference regarding a contract dispute between a U.S.-based graphics firm and a Japanese digital printer manufacturerInternational Relations Negotiation Role-Play:
Tulia and Ibad MediationUsing political and creative skill to mediate mutually beneficial options amid high-stakes
William Ury, Ibrahim Ibrahim and Roger Fisher
Three-team, multi-issue mediation involving two or more representatives each of the country of Tulia, the country of Ibad, and the Organization of African Unity (O.A.U.) regarding a cease-fire between the two warring countriesInternational Relations Negotiation Role-Play:
Water on the West Bank
Susan Podziba and Lawrence Susskind
Seven-person, four-issue mediation among three Israeli water authority and regional representatives and three Palestinian water authority and political representatives over plans to drill a new well on the West BankCommunity Dispute Negotiation Role-Play:
WestvilleMediation Strategies in Community Planning
John Forester and David Stitzel
Three-person, three-issue, integrative, scoreable mediation among representatives of a homelessness task force and a neighborhood group, mediated by a planning department representative, over the terms of a proposed homeless shelter in their suburban townBooks
Book
By Susan L. Podziba. Civic fusion is when people bond to achieve a common public goal, even as they sustain deep value differences. This book offers proven strategies for moving polarized parties to consensus solutions based on the author's 25 years of mediation experience, including working with pro-life and pro-choice leaders after fatal shootings at women's health clinics, crane industry and union representatives to develop federal worker safety regulations, and citizens of a failed city that reclaimed their democracy by writing a consensus charter.
Book
Gary Friedman
Designed to help people who work with parties in conflict use their inner experiences for the benefit of their clients, this book challenges many of the conventions conflict-resolution professionals bring to this field. Rooted in self-awareness, this practical guide encourages us to work from the "inside out".
Book
David Hoffman
A mediator's quintessential one-stop guide for tested techniques and sources.
Book
Iris Bohnet
A "game-changer" that demonstrates how research is addressing gender bias, improving lives and performance.Video and Audio
Produced by Larry Susskind and Warren Dent
The Program On Negotiation at Harvard Law School invited three members of its highly experienced negotiation faculty to share stories about how they have adapted their teaching strategies in various cross-cultural contexts.
Videos and Audio
Michael Wheeler
A simulated mediation between an aid worker and a project funder, featuring Getting to YES co-author Bruce Patton as the mediatorCharles Doran
Video featuring an actual landlord-tenant small claims mediationLawrence E. Susskind
A discussion of the role and functions of a court-appointed special master serving as a mediator in a case study of a scientific/technical dispute in New JerseySarah Cobb and Lawrence Susskind
Three videos featuring guest lecturers from the "Mediation and Other Facilitative Roles in Dispute Resolution" seminar, offered by the Program on Negotiation:Lawrence Susskind
An educational video for mediators or mediation students regarding mediator responsibility when parties have unequal knowledge, skills or power
Videos and Audio
Marjorie Corman Aaron and Dwight Golann
An unscripted, realistic demonstration of the mediation of a commercial legal disputeMarjorie Corman Aaron and Dwight Golann
An unscripted, realistic demonstration of the mediation of an employment disputeSara Cobb
An educational video for mediators or mediation students regarding the management of mediation
Videos and Audio
