Mediation

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A negotiation between two or more parties facilitated by an agreed-upon third party. Skilled third-party mediators can lower the emotional temperature in a negotiation, foster more effective communication, help uncover less obvious interests, offer face-saving possibilities for movement, and suggest solutions that the parties might have overlooked. (<a href="http://www.pon.harvard.edu/faculty/david-lax/">David A. Lax</a> and <a href="http://www.pon.harvard.edu/faculty/james-sebenius-vice-chair-pon-executive-committee/">James K. Sebenius</a>, <a href="http://www.pon.harvard.edu/shop/3-d-negotiation-powerful-tools-to-change-the-game-in-your-most-important-deals-balancing-venture-and-relationship-capital/"><em>3-D Negotiation</em></a> [Harvard Business School Press, 2006], 108-109). <b>See Also:</b> <a href="http://www.pon.harvard.edu/daily/mediation/capture-the-best-of-mediation-and-arbitration-with-med-arb/"> Capture the Best of Mediation and Arbitration with Med-Arb</a>, <a href="http://www.pon.harvard.edu/daily/dispute-resolution/in-dispute-resolution-a-tale-of-two-arthurs/"> In Dispute Resolution, A Tale of Two Arthurs</a>, <a href="http://www.pon.harvard.edu/daily/mediation/resolve-employee-conflicts-with-mediation-techniques/"> Resolve Employee Conflicts with Mediation Techniques</a>.

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Role Simulations

Role Simulation
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 permit
Role Simulation
International Relations Negotiation Role-Play:

Arms Control on Cobia

P. Terrance Hopmann
Multi-issue arms control negotiation among representatives of eight fictional countries
Role Simulation
Mediation Role-Play:

Broken Benches

Author(s): Marjorie Corman Aaron and JAMS/Endispute
Four-person mediation and/or arbitration of a personal injury claim, among plaintiff, plaintiff's lawyer, and counsel for defendant's insurance company; arbitrator roles include possible plaintiff or defense bias
Role Simulation
Public 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 river
Role Simulation
Corporate 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 procedure
Role Simulation
Community 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 construction
Role Simulation
Public Dispute Negotiation Role-Play:

Development Dispute at Menehune Bay

Lawrence Susskind, Thomas Dinell, and Vicki Shook
Six-party, multi-issue, facilitated negotiation of a dispute over environmental issues, native rights, and commercial development interests in Hawaii
Role Simulation
Community 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.
Role Simulation
Pat Aaron
Three-person mediated small-claims dispute between a dry cleaning business and a customer over compensation for torn shirts
Role Simulation
Environment and Sustainability Negotiation Role-Play:

DirtyStuff I

Lawrence Susskind
Five-person, multi-issue facilitated negotiation among industry, environmental, labor, and government representatives to develop single-text regulation of toxic industrial by-product
Role Simulation
Environment and Sustainability Negotiation Role-Play:

DirtyStuff II

Jeffrey Litwak and Lawrence Susskind
Six-person, multi-issue facilitated negotiation among industry, environmental, consumer/community, labor, and government representatives to develop single-text regulation of toxic industrial by-product
Role Simulation
Health / 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 representative
Role Simulation
Environment and Sustainability Negotiation Role-Play:

East Falls Brownfields

Tracy Dyke, under the direction of Lawrence Susskind and Susan Podziba
Seven-person, non-scoreable, facilitated negotiation among planners, regulators and activists regarding the cleanup and redevelopment of environmentally contaminated property
Role Simulation
Values-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 faith
Role Simulation
Law / 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 pothole
Role Simulation
Community Dispute Negotiation Role-Play:

Grocery Store

David Eun and Bruce Patton
Two-party negotiation between a minister and a school principal over how to address racial tensions arising from alleged shoplifting at a local grocery store
Role Simulation
Public 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 plant
Role Simulation
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 harassment
Role Simulation
Community 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 incident
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
Business 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 electricity
Role Simulation
Mediation 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 car
Role Simulation
Science-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 plan
Role Simulation
Public 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 planning

Case Studies & Articles

Books

original
Book

Daniel Bowling & David Hoffman

"Rich insights and diverse perspectives, valuable for novices and experienced practitioners alike." - William Ury
original
Book
Winner of the 1985 CPR Award for Excellence in ADR (Outstanding Book Category)
original
Book
Winner of the 1988 CPR Award for Excellence in ADR (Outstanding Book Category)
original
Book

William Ury

Selected by TIME as one of the best negotiation books of 2015
original
Book

Jeswald Salacuse

Selected by TIME as one of the best negotiation books of 2015
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

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".
original
Book
Book

The Consensus Building Institute and the Program on Negotiation at Harvard Law School

original
Book

David Hoffman

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

Video and Audio

original
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 mediator
Videos and Audio

Charles Doran

Video featuring an actual landlord-tenant small claims mediation
Videos and Audio

Sarah 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:
Videos and Audio

Lawrence Susskind

An educational video for mediators or mediation students regarding mediator responsibility when parties have unequal knowledge, skills or power

Periodical Subscriptions

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