How do you move from an emotionally charged moment in a negotiation to a mutually beneficial agreement? In negotiations of all types, whether buying a house or negotiating a company acquisition, emotions naturally manifest. Left unaddressed, emotions can derail a negotiation and make agreement seem impossible. When emotions are managed properly, however, they can allow the … Read More
Discover step-by-step techniques for avoiding common business negotiation pitfalls when you download a copy of the FREE special report, Business Negotiation Strategies: How to Negotiate Better Business Deals, from the Program on Negotiation at Harvard Law School.
What is ADR?
Alternative dispute resolution (ADR) is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party.
For resolving disputes, the three most common alternative dispute resolution (ADR) techniques are: mediation, arbitration, and med-arb
In mediation, a neutral third party tries to help disputants come to a consensus on their own. Rather than imposing a solution, a professional mediator seeks to assist the conflicting sides in exploring the interests underlying their positions.
In arbitration a neutral third party listens to each side of a conflict and then makes a binding decision about the dispute.
An often-overlooked ADR process is med-arb, a mediation-arbitration hybrid. In med-arb, disputants hire a neutral mediator. If the mediator is unable to resolve the dispute through mediation, she puts on her arbitration hat and renders a decision,
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. But which type of ADR is best for a given situation?
When you are trying to generate solutions that will survive the test of time it is important to have buy-in from all parties. This can be achieved through mediation in which all parties are responsible for coming to a mutually agreeable solution.
While mediation may generate more creative solutions to a dispute, it can be very time-consuming. In cases where there is concern about time constraints, like when a deadline is looming, it may be best to utilize arbitration.
In short, one possible sequence of ADR would begin with mediation. If the mediation ends in impasse, or if issues remain unresolved, the parties can then move on to arbitration.
If a med-arbiter is handling the entire process, she would impose a binding decision based on her judgments about the case. If parties had reached agreement on some issues, the med-arbiter would rule only on the issues that remained.
Discover more about improving your dispute resolution skills in this free report, Dispute Resolution, Working Together Toward Conflict Resolution on the Job and at Home, from Harvard Law School.
The following items are tagged ADR:
Course Dates: This course is closed Turn disputes into deals. Transform deals into better deals. Resolve intractable problems. Negotiating effectively requires the ability to change the game – moving away from conflict and toward collaboration. In this intensive, interactive program, you acquire a proven framework for maximizing the value of your negotiation. … Read More
In this FREE special report, we offer advice to help you improve your leadership and negotiation skills. … Read More
As the famous tale “The Gift of the Magi” illustrates, sometimes the best outcomes in negotiated agreements is a lose-lose situation for both parties. … Read More
The three most common alternative dispute resolution techniques are mediation, arbitration, and med-arb. However, it can often be difficult to determine which method is best for your particular situation. Here are four possible objectives you may have as a leader in your organization and suggestions for which type of ADR may be most appropriate in that … Read More
If you have ever owned a cell phone or been issued a credit card, odds are you’ve signed an arbitration agreement. You also may have signed an arbitration agreement when you started your current job or a past one, whether you remember doing so or not. … Read What is an Arbitration Agreement?
Mediation is often thought of as a last step to adjudicate disputes. In this article, professor Lawrence Susskind spells out the hidden advantages of using mediation early in the process to solve problems and reach voluntary compliance agreements. … Read More
Negotiations have reached an impasse, but both sides agree on one thing: you need help resolving the dispute. You engage a neutral mediator to do just that. Rather than acting as a judge who decides who “wins” or “loses,” a third-party mediator assists parties in reaching an agreement. … Read More
In 2009, we collected many types of curriculum materials from teachers and trainers who attended the Mediation Pedagogy Conference. We received general materials about classes on Alternative Dispute Resolution (ADR) as well as highly specific and idiosyncratic units like Conflict Resolution through Literature: Romeo and Juliet and a negotiating training package for female managers … Read More
We generally think of mediation as a dispute-resolution device. Federal mediators intervene when collective bargaining breaks down. Diplomats are sometimes called in to mediate conflicts between nations. So-called multi-door courthouses encourage litigants to mediate before incurring the costs – and risks – of going to trial. … Read More
It’s often the case that when two people or organizations try to resolve a dispute by determining who is right, they get stuck. That’s why so many disputes end up in court. There is a better way to resolve your dispute: by hiring an expert mediator who focuses not on rights but on interests—the needs, … Read Mediation and the Conflict Resolution Process
What is dispute resolution? There are three basic types of dispute resolution, each with its pros and cons. The first two, mediation and arbitration, are considered types of alternative dispute resolution because they are an alternative to litigation. … Read Choose the Right Dispute Resolution Process
Many negotiation researchers debating the merits of mediation vs arbitration wonder why alternative dispute resolution mechanisms are not more popular than they currently are. … Read More
How can dispute resolution skills in negotiation help manage internal conflicts within an organization? This article draws from negotiation research to present some bargaining tips on how you can insure satisfaction within and outside of an organization. … Read More
So, you’re stuck in a serious dispute, but you’re desperate to avoid the hassle and expense of a court case. You’ve heard about alternative dispute resolution but are not sure what it entails. … Read What is Alternative Dispute Resolution?
The ladder of inference is a model of decision making behavior originally developed by Chris Argyris and Donald Schoen and elaborated upon in the context of negotiation by Program on Negotiation co-founder Bruce Patton in his book Difficult Conversations, co-authored with fellow Program on Negotiation faculty members Douglas Stone and Sheila Heen. The model describes … Read The Ladder of Inference: A Resource List
A married couple was debating whether their four-year-old daughter should attend public or private elementary school. It was a difficult issue, and Mike had a tendency to walk out when the conversation got heated. Frustrated, Lisa turned to negotiating terms and conditions just as a negotiator would in a business deal. … Read More
While most negotiation research aims to sharpen individual managers’ skills, there is growing scholarly and professional interest in an organizational approach to negotiation.A systemic perspective evaluates the training, authority, procedures, and resources that manager need to improve their companies’ “return on negotiation,” as consultant Danny Ertel puts it. Looking at negotiations broadly reveals important design … Read More
Policymakers, practitioners, and academics have seized on the need for peacebuilding negotiation strategies in international negotiation to be as complex and adaptive as the societies within which they work. As a result, there are loud calls for “whole of government” or “whole of community” approaches that cross traditional sectoral boundaries. The problem is that these approaches are … Read More
No one likes to go to court. Not only is it expensive and time-consuming, but it often leads to frustrating results and damaged relationships. So, how does mediation work in a lawsuit and is legal mediation a better route? … Read How Does Mediation Work in a Lawsuit?
Labor unions are the most obvious example of negotiating coalitions. If an individual employee made demands of its employer, the company could threaten to hire someone else. … Read More
During the course of a complex negotiation, the last thing we want to think about is the possibility that a serious disagreement or contract breach will arise during the implementation stage. Yet we also know that such conflicts are common. … Read More
As a collaboration between UST School of Law and the Program on Negotiation at Harvard Law School, the following is the transcript of a conversation between the creator of the multi-door courthouse, Harvard Law Professor Frank E.A. Sander, and the executive director and founder of the University of St. Thomas (UST) International ADR [Alternative Dispute … Read What is the Multi-Door Courthouse Concept
More and more companies are inserting alternative dispute resolution (ADR) clauses in their contracts with customers and vendors—and even, in some cases, in agreements with their own employees. ADR clauses can be beneficial for all concerned if it means avoiding the cost, delay, and uncertainty of going to court. Mandated mediation, in particular, may offer … Read Mandated Mediation: What to Expect
A “one-shot” form of dispute resolution, arbitration is usually faster and cheaper than litigation. In addition, rather than being assigned a judge, parties are able to select their arbitrator. What is dispute resolution in law and how do alternative dispute resolution (ADR) methods like arbitration operate inside and outside a courtroom? Here are some examples of … Read More
The negotiation psychology of the parties at the table can contribute significantly to the likelihood of reaching an agreement. In Beyond Reason, world-renowned negotiator Roger Fisher and psychologist Daniel Shapiro advise “ignore emotions at your own peril. Emotions are always present and often affect your experience. You may try to ignore them, but they will not … Read Teach Your Students Negotiation Psychology
During his years as George H.W. Bush’s Secretary of State, one of James A. Baker, III’s, goals was to encourage the free-market reforms that Communist Party of the Soviet Union General Secretary Mikhail Gorbachev had launched in the late 1980s. One day during his tenure, a high-level Bush administration official commented in the press that … Read More
Learn how mediation techniques could have informed Apple’s negotiation strategies when it discovered discrepancies in working conditions among its supplier factories in China. … Read More
Francesca Gino, Program on Negotiation faculty member and author of the bestselling book, Sidetracked: Why Our Decisions Get Derailed and How We Can Stick to the Plan, tackles this question from a Negotiation Briefings reader concerning how to deal with a mediator that is abrasive, dismissive, or even rude. … Read How to Deal with a Difficult Mediator
What are the essential skills a negotiator needs to resolve conflicts abroad? How do international conflicts differ from domestic conflicts? What issues specific to bargaining across borders emerges in intercultural negotiations? In this article we explore ways in which negotiators can develop bargaining skills to overcome any barriers to communication they may encounter in negotiations … Read More
The Program on Negotiation has awarded Bruno Verdini the 2015 Howard Raiffa Doctoral Student Paper Award for his paper “Charting New Territories Together: Laying the Foundations for Mutual Gains in United States – Mexico Water and Energy Negotiations.” This paper was submitted as his dissertation for the Ph.D. program at the Massachusetts Institute of Technology. Emily Cole Groden … Read More
The Program on Negotiation at Harvard Law School is pleased to present: Interdisciplinary and International Perspectives on ADR: Past, Present, and Future with
Dr. Paola Cecchi-Dimeglio Editor, Interdisciplinary Handbook of Dispute Resolution
Wednesday, April 15, 2015 12:00 – 1:30PM Pound Hall 102 Harvard Law School campus Free and open to the public. A non-pizza lunch will be provided. About the Book: Over the last three decades, Alternative Dispute Resolution (ADR) … Read More
PON is pleased to co-sponsor the 2015 Harvard Negotiation Law Review symposium: Restorative Justice: Theory Meets Application Saturday, February 28, 2015 9:00 a.m. – 4:30 p.m. Austin Hall, Harvard Law School Campus Free and open to the public. Registration is highly recommended. The goal of the Symposium is to promote an exciting discussion about the potential to leverage ADR practices and frameworks in restorative justice initiatives, … Read More
The Program on Negotiation has awarded Eugene B. Kogan the 2014 Howard Raiffa Doctoral Student Paper Award for his paper “Coercing Allies: Why Friends Abandon Nuclear Plans.” This paper was submitted as his thesis for the Ph.D. program at Brandeis. Mr. Kogan is currently a Stanton Nuclear Security Postdoctoral Fellow in the International Security Program at … Read More
Dr. Mohamed M. Keshavjee will discuss his new book, Islam, Sharia and Alternative Dispute Resolution, which provides an informed and thorough discussion of the relevance of Sharia and its principles that affirm equity, justice and basic human rights, and its interface with the UK’s official judicial system. … Read More
For more advice on leading an ADR process in your organization, consult these books. … Read Dispute Resolution Resources
Founded in 1983, the Program on Negotiation at Harvard Law School is a pioneer in the fields of negotiation, mediation, and alternative dispute resolution. In commemoration of the program’s 30th anniversary this year, the Program on Negotiation is proud to present a video describing many of PON’s various educational and research activities. According to Chair Robert Mnookin, … Read More
The Program on Negotiation has awarded Netta Barak-Corren the 2013 Howard Raiffa Doctoral Student Paper Award for her paper, co-written with Edy Glozman and Ilan Yaniv, “False Negotiations: The Art & Science of Not Reaching an Agreement.” Ms. Barak-Corren is an LLM candidate at Harvard Law School. About the Award: The annual prize of $1000 is awarded … Read More
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, … Read More
Recent Harvard Law School Graduate Grant Strother ’12 was selected to receive The International Institute for Conflict Prevention & Resolution (CPR) Outstanding Original Student Article Award for his paper, “Resolving Cultural Property Disputes in the Shadow of the Law.” This award recognizes a student article or paper that is focused on events or issues in … Read More
The Harvard Negotiation Law Review’s 2013 Symposium, entitled, “Ideas and Impact: Roger Fisher’s Legacy,” will be held on Saturday, March 2, 2013 at the Harvard Law School in Austin North from 9:00 a.m. to 5:00 p.m. The full-day event will explore the contributions of the late Roger Fisher, co-founder of the Harvard Negotiation Project and … Read More
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 … Read More
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, … Read Taking ADR Too Far
With beautiful weather outside and the cherry blossom season in full bloom, over 1000 attendees filled the American Bar Association Dispute Resolution Section’s conference halls as it held its 14th annual conference in Washington, D.C. On Saturday, April 21, the ABA Section of Dispute Resolution honored Frank Sander, A.B., LL.B., Bussey Professor of Law Emeritus and … Read More
Congratulations to Jessica Beess und Chrostin (HLS ’13), the 2011 Fisher/Sander Prize Winner, for her paper “Cross-Border Class Actions and Aggregate Dispute Resolution: Where We Are and How to Move Forward.” This prize was established in 2007 by the Program on Negotiation in honor of Professors Roger Fisher, the Williston Professor of Law, Emeritus, and Frank … Read More
The Program on Negotiation Spring 2011 Events Calendar: February 1: Herbert C. Kelman Seminar on International Conflict Analysis and Resolution, Negotiation, Conflict and the News Media: Cambodia, Kevin Doyle and Steve Marks, 4:00pm-6:00pm
February 15: Brown Bag Lunch Series: Hamas, Hezbollah, and the Muslim Brotherhood – Obstacles to Peace in the … Read More
The Conflict Prevention and Resolution Institute (CPR) selected the Harvard Negotiation and Mediation Clinical Program (HNMCP) to be the recipient of its 2010 Problem Solving in the Law School Curriculum Award at its annual awards banquet on January 11, 2011 at the New York offices of Fulbright & Jaworski LLP. The clinic’s director and founder, … Read More
A troubled man bursts into your child’s schoolhouse. Without warning, he chases out all the boys and lines the girls up. Then he begins to shoot them one by one. For decades your people’s backs have been broken by the oppressive yoke of Apartheid. Suddenly, the tables are turned and you and your friends are … Read The Big Question
The Program on Negotiation would like to congratulate Nour Kteily for his paper entitled “Getting to the Table: Factors Affecting the Willingness of Israelis and Palestinians to Negotiate.” Nour is a Ph.D. Psychology candidate in the Department of Psychology at Harvard. About the Award: The annual prize of $1000 is awarded to a doctoral student author of … Read More
About the PON Summer Fellowship Program: PON offers fellowship grants to students at Harvard University, MIT, Tufts University and other Boston-area schools who are doing internships or undertaking summer research projects in negotiation and dispute resolution in partnership with public, non-profit or academic organizations. The Summer Fellowship Program’s emphasis is on advancing the links between … Read Announcing the 2010 PON Summer Fellows
Congratulations to Jamison Davies (HLS ’11), the 2010 Fisher/Sander Prize Winner, for his paper “Formalizing Legal Reputation Markets.” This prize was established in 2007 by the Program on Negotiation in honor of Professors Roger Fisher, the Williston Professor of Law, Emeritus, and Frank E. A. Sander, the Bussey Professor of Law, Emeritus, two founders of the … Read More
“The Brazilian Experience on Dispute Systems Design (DSD): the TAM and Air France cases”
with Diego Faleck (LL.M. ’06), Chief of Staff of the Secretariat of Economic Law of the Ministry of Justice in Brazil Date: April 6, 2010
Time: 12:15PM to 1:15PM Where: Pound Hall, Room 332, Harvard Law School Campus
Click here for a campus map. Speaker Bio Diego Faleck … Read More
Robert H. Mnookin, author of Bargaining with the Devil: When to Negotiate, When to Fight, will be interviewed on March 17th, 2010 on Negotiate! Radio. Negotiate! Radio is a nonprofit community service initiative. Its objectives are to collect and diffuse information on negotiation, mediation, and alternative dispute resolution (ADR), both in theory and by analyzing … Read Negotiate! Radio
The PON Dispute Resolution Forum and the Harvard Negotiation and Mediation Clinical Program Present: Alternative Dispute Resolution in the Federal Government: What’s up at the Federal Energy Regulatory Commission and elsewhere? with Deborah Osborne, Group Manager, Dispute Resolution Service, Federal Energy Regulatory Commission
Thursday, March 4, 2010 8:00AM Breakfast 8:30AM Talk Pound Hall, Room 335, Harvard Law School Campus How are ADR principles applied … Read More
The Harvard Negotiation Law Review has just launched a new website! HNLR.org features a host of articles on Negotiation, Mediation, Arbitration, and other dispute resolution topics, as well as archives of print editions of the journal and other ADR content. We are always looking for cutting edge material in the field … Read More
Congratulations to Sean McDonnell (HLS ’09), the 2009 Fisher/Sander Prize Winner, for his paper “Fighting With Faith: The Role of Religion in Dealing With Modern Conflict.” This prize was established in 2007 by the Program on Negotiation in honor of Professors Roger Fisher, the Williston Professor of Law, Emeritus, and Frank E. A. Sander, the Bussey … Read More
Registration is now closed for the NP@PON Mediation Pedagogy Conference. Professors Lawrence Susskind (MIT) and Michael Wheeler (Harvard Business School) are pleased to announce a Mediation Pedagogy Conference to be held by Negotiation Pedagogy at the Program on Negotiation at Harvard Law School (NP@PON). This two-day Conference will be held Friday, May 15 and Saturday, May … Read Mediation Pedagogy Conference
The following book, Negotiation Genius, was co-winner of the 2008 CPR Award for Excellence in ADR (Outstanding Book Category). It provides clear and methodical advice for preparing for and executing any negotiation, drawing on decades of behavioral research and the experience of thousands of business clients. Whether you’ve “seen it all” or are just … Read Boost your negotiations skills and confidence
Conflict within companies can be very costly, both in time and resources. Alternative Dispute Resolution, or ADR, may be helpful as you consider ways in which you can transition from conflict to productivity within your own organization. The three most common ADR techniques are: mediation, arbitration, and med-arb. During mediation a neutral third party facilitates a … Read Conflict within Companies