litigation

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A formalized legal process to resolve a dispute through legal action in the form of a lawsuit. It often entails a contractual issue. It is the act of either bringing or challenging a lawsuit. See Also: Thanks to Keen Negotiation Skills, the Carolinas Avoid a Border Dispute, For Bank of America, Dealmaking to Turn the Page, Dispute Resolution: Mandatory Arbitration Under Fire.

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Role Simulations

Role Simulation
Labor Relations Negotiation Role-Play:

Axis Affair

Anita Ramasastry and Erin Monaghan
Two-party negotiation between attorneys for a male executive and a recently terminated female employee regarding allegations of sexual harassment and gender discrimination
Role Simulation
Law / Courts Negotiation Role-Play:

Baker & Irwin v. Department of Human Services

Bruce Deming
Two-party negotiation between attorneys for a state agency and a gay advocacy group regarding a state policy that led to the removal of two foster children from the home of a gay couple
Role Simulation
Environment and Sustainability Negotiation Role-Play:

DEC v. Riverside

David Lax, James Sebenius, Lawrence Susskind, and Thomas Weeks
Two-party, multi-issue, scoreable negotiation between a manufacturer and a state environmental agency to reach a settlement over the manufacturer's pollution of a local river
Role Simulation
Law / Courts Negotiation Role-Play:

Eazy's GarageTwo-party (lawyers only) version

Bruce Patton
Two-party negotiation between lawyers for an auto mechanic and a customer over a disputed auto repair bill
Role Simulation
Consumer Dispute Negotiation Role-Play:

Eazy's GarageFour-party (lawyers & clients) version

Bruce Patton (adapted by Sheila Heen)
Four-party, two-stage negotiation between an auto mechanic and a client and their respective attorneys over a disputed repair bill; first stage involves lawyer-client interviews and second stage involves negotiation
Role Simulation
Family Negotiation Role-Play:

Ellsworth v. Ellsworth

Frank Sander and William Ury
Two-party, multi-issue negotiation between lawyers for a divorcing couple over the terms of the divorce, including alimony, child support, and income tax issues
Role Simulation
Corporate Decision-Making Negotiation Role-Play:

Fishladder Claim

Susan Podziba and Lawrence Susskind
Three-party, two-round internal negotiation among agency officials over whether to litigate or pursue non-binding arbitration to settle a contract claim against a private contractor
Role Simulation
Regulation Negotiation Role-Play:

Lake Wasota Fishing Rights

Denise Madigan, Tod Loofbourrow with teaching notes by Eileen Babbitt and Lawrence Susskind
Six-party, six-issue, scoreable negotiation among representatives of tribal, state, federal, recreation, and business interests over fishing rights in a large lake
Role Simulation
International Relations Negotiation Role-Play:

McMillin - SOS

Harvard Law School Board of Student Advisors, with refinements by Guhan Subramanian and Melissa Manwaring
Two-team, multi-issue negotiation between representatives of a restaurant conglomerate and a neighborhood organization over zoning requirements for a possible fast-food restaurant in a historic university neighborhood
Role Simulation
Environment and Sustainability Negotiation Role-Play:

Radwaste II

Tod Loofbourrow, Lawrence Susskind, Denise Madigan and Wendy Rundle
Six-party, multi-issue negotiation among state and local government, enviromental, and industry representatives to select one of three sites for low-level radioactive waste disposal
Role Simulation
Health / Medicine / Pharmaceutical Negotiation Role-Play:

Sue or Settle

Seth Freeman, John Richardson, and Bruce Patton
Four-person, two-party, strategic decision-making exercise to highlight the cost-benefit analysis in determining whether to settle a medical malpractice case or to continue litigation
Role Simulation
Law / Courts Negotiation Role-Play:

Super Slipster

Matt Smith under the supervision of Robert C. Bordone, with revisions by Michael Moffitt
Two-party personal injury settlement negotiation between the attorney for the injured plaintiff and general counsel for the defendant toy manufacturing company

Books

original
Book

Daniel Bowling & David Hoffman

"Rich insights and diverse perspectives, valuable for novices and experienced practitioners alike." - William Ury
original
Book
Winner, National Institute for Advanced Conflict Resolution's 2005 Book Award - A cutting-edge, comprehensive, inter-disciplinary resource regarding the nature of disputes and the range of dispute resolution processes
original
Book

David Hoffman

A mediator's quintessential one-stop guide for tested techniques and sources.

Periodical Subscriptions

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Video and Audio

original
Videos and Audio

Marjorie Corman Aaron and Dwight Golann

An unscripted, realistic demonstration of the mediation of a commercial legal dispute

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