Learn how to negotiate like a diplomat, think on your feet like an improv performer, and master job offer negotiation like a professional athlete when you download a copy of our FREE special report, Negotiation Skills: Negotiation Strategies and Negotiation Techniques to Help You Become a Better Negotiator, from the Program on Negotiation at Harvard Law School.


ADR

Alternative dispute resolution (ADR) (also known as external dispute resolution in some countries) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party.

The following items are tagged ADR

Daily

Alternative Dispute Resolution (ADR) Training: Mediation Curriculum

Posted by & filed under Mediation.

mediation

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 

Courses and Training

Negotiation Workshop: Strategies, Tools, and Skills for Success

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

Course Dates: June 4-8, 2018 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 

Product

Bringing Peace Into the Room

Posted by & filed under .

Daniel Bowling & David Hoffman “Rich insights and diverse perspectives, valuable for novices and experienced practitioners alike.” – William Ury … Read More 

Free Report

Daily

What is the Multi-Door Courthouse Concept

Posted by & filed under International Negotiation.

multi door courthouse

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 More 

Courses and Training

The Harvard Negotiation Intensive: A Two-Day Workshop

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (5 Day Courses).

Course Dates: June 14-15, 2018 Whether you’re a vice president, litigator, manager, or transactional attorney, negotiation is central to nearly every professional activity. Systematic and thorough preparation, as well as an ability to manage shared, different, and conflicting interests, is critical to success. Designed to address the core issues that you experience as you negotiate on behalf … Read More 

Product

Daily

Product

Daily

What is Dispute Resolution in Law: The Ins and Outs of Arbitration

Posted by & filed under Dispute Resolution.

what is dispute resolution

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 

Product

Daily

Product

Daily

How Does Mediation Work in a Lawsuit?

Posted by & filed under Dealmaking.

How Does Mediation Work

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 More 

Product

Environmental Justice Package Full Version

Posted by & filed under .

Lawrence Susskind and Various Other Authors Teacher’s package for a comprehensive environmental justice negotiation unit, containing one book, one article, and four role simulations … Read More 

Daily

Mediation and the Conflict Resolution Process

Posted by & filed under Conflict Resolution.

mediation

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, desires, … Read More 

Product

Daily

Product

Daily

Teach Your Students Negotiation Psychology

Posted by & filed under Teaching Negotiation.

negotiation

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 More 

Product

Daily

Product

Negotiation Strategies for Mutual Gain

Posted by & filed under .

This volume is a collection of essays which present key concepts and strategies intended to promote effective negotiation and mutually beneficial dispute resolution. This book is for people in all fields who need to deal with conflict and resolve issues on a continual basis. The book assumes that conflicts, managed well, can provide the impetus … Read More 

Daily

Product

Handbook of Dispute Resolution (The)

Posted by & filed under .

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 … Read More 

Daily

Product

Designing Conflict Management Systems A Guide to Creating Productive and Healthy Organizations

Posted by & filed under .

As organizations restructure and social stresses escalate, conflict in the workplace is on the rise. Whether in response to organizational goals such as resolving disputes with customers and clients, systemic problems in hiring and promotion practices, or interpersonal issues between managers, employees, and co-workers, business and government agencies are finding it increasingly more productive — … Read More 

Daily

Product

Daily

Product

Siting an Asphalt Plant in the City of Madrona

Posted by & filed under .

Jason Corburn and Lawrence Susskind Six-party, multi-issue negotiation among community representatives, elected leaders, environmental and health experts, and asphalt company regarding siting of an asphalt plant in a racially mixed neighborhood … Read More 

Daily

Arbitration vs Mediation: Using Teambuilding and ADR in Negotiation

Posted by & filed under Mediation.

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 

Product

River Bend

Posted by & filed under .

Kelly Davenport with Patrick Field and Lawrence Susskind Two-team, four-issue negotiation between three members of a Native Canadian band and three representatives of Calgary Central Gas over a planned pipeline through the band’s reservation; includes internal team negotiations as well as external negotiation … Read More 

Daily

Product

Radwaste II

Posted by & filed under .

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 … Read More 

Daily

International Negotiation Role Playing: Systems Thinking and Peace-Building

Posted by & filed under Conflict Resolution.

international negotiation - peacebuilding negotiation strategies in international negotiations

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 

Product

Fishladder Claim

Posted by & filed under .

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 … Read More 

Daily

Product

Broken Benches

Posted by & filed under .

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 … Read More 

Daily

Alternative Dispute Resolution In-House: Mediation, Arbitration, or Med-Arb?

Posted by & filed under Daily, Dispute Resolution.

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 scenario. Objective #1: … Read More 

Product

Beaumont Incinerator Exercise

Posted by & filed under .

Mona Haywood and Lawrence Susskind Six-party task force negotiation regarding the application of environmental policy to the operation of an incinerator in a racially diverse community … Read More 

Daily

How to Deal with a Difficult Mediator

Posted by & filed under Mediation.

3 Types of Conflict and How to Address Them

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 More 

Product

Armenia/Azerbaijan/Nagorno Karabakh

Posted by & filed under .

Taline Aharonian and Agieszka Klich Complex 13-party, two-team facilitated negotiation between private citizens from both sides of an actual long-term ethnic conflict … Read More 

Daily

Product

Jefferson Hazardous Waste Negotiation

Posted by & filed under .

Vicki Arroyo and Lawrence Susskind Eight-party, five-issue negotiation among community, environmental, business, and government interests over the formulation of a statewide hazardous waste siting policy … Read More 

Daily

Daily

The Ladder of Inference: A Resource List

Posted by & filed under Negotiation Skills.

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 More 

Daily

What is an Arbitration Agreement?

Posted by & filed under Conflict Resolution.

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 More 

Daily

Negotiation Skills for Resolving International Conflicts

Posted by & filed under Negotiation Skills.

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 

Daily

Negotiation Research on Organizational Approaches to Negotiating Systems

Posted by & filed under Negotiation Skills.

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 

Daily

Announcing the 2015 Winners of the PON Paper Prizes

Posted by & filed under Daily.

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 

Daily

Interdisciplinary and International Perspectives on ADR: Past, Present, and Future

Posted by & filed under Daily, Events.

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 

Daily

Harvard Negotiation Law Review Symposium: “Restorative Justice: Theory Meets Application”

Posted by & filed under Daily, Events.

HNLR

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 

Daily

2014 Winner of the Raiffa Doctoral Student Paper Award

Posted by & filed under Negotiation Skills.

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 

Daily

Islam, Sharia and Alternative Dispute Resolution: Mechanisms for Legal Redress in the Muslim Community

Posted by & filed under Dispute Resolution, Events.

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 

Daily

Daily

The Program on Negotiation at Harvard Law School: Three Decades of Scholarship and Practice

Posted by & filed under Negotiation Skills.

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 

Daily

2013 Winner of the Raiffa Doctoral Student Paper Award

Posted by & filed under Negotiation Skills.

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 

Daily

Taking Alternative Dispute Resolution (ADR) Too Far

Posted by & filed under Mediation.

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 

Daily

Grant Strother (HLS 2012) Wins Conflict Prevention and Resolution Award for Best Original Student Article

Posted by & filed under Conflict Resolution.

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 

Daily

Harvard Negotiation Law Review Symposium Will Honor Roger Fisher

Posted by & filed under Dispute Resolution, Negotiation Skills.

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 

Daily

Mediation, Arbitration, and the Promise of Privacy

Posted by & filed under Mediation.

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 

Daily

Taking ADR Too Far

Posted by & filed under Dispute Resolution.

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 

Daily

Frank Sander Honored at American Bar Association 14th Annual Spring Conference

Posted by & filed under Negotiation Skills.

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 

Daily

2011 Winner of the Roger Fisher/Frank E. A. Sander Student Paper Prize Announced

Posted by & filed under Daily, News.

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 

Daily

Save the Dates: Announcing the PON Spring 2011 Events Calendar

Posted by & filed under Daily, Events.

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 

Daily

Harvard Negotiation and Mediation Clinical Program receives Conflict Prevention and Resolution Institute’s 2010 Award

Posted by & filed under Conflict Resolution, Daily, Harvard Negotiation and Mediation Clinical Program, News.

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 

Daily

The Big Question

Posted by & filed under Daily, Events, International Negotiation, PON Film Series.

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 More 

Daily

2010 Winner of the Raiffa Doctoral Student Paper Award

Posted by & filed under Daily, News.

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 

Daily

Announcing the 2010 PON Summer Fellows

Posted by & filed under Daily, PON Summer Fellowships.

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 More 

Daily

2010 Winner of the Roger Fisher/Frank E. A. Sander Student Paper Prize Announced

Posted by & filed under Daily, News.

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 

Daily

The Brazilian Experience on Dispute Systems Design (DSD): the TAM and Air France cases

Posted by & filed under Daily, International Negotiation.

“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 

Daily

Negotiate! Radio

Posted by & filed under Daily.

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 More 

Daily

Alternative Dispute Resolution in the Federal Government: What’s up at the Federal Energy Regulatory Commission and elsewhere?

Posted by & filed under Daily, Dispute Resolution, Events.

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 

Daily

Harvard Negotiation Law Review Launches New Website

Posted by & filed under Daily, News.

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 

Daily

2009 Winner of the Roger Fisher/Frank E. A. Sander Student Paper Prize Announced

Posted by & filed under Daily, News.

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 

Daily

Mediation Pedagogy Conference

Posted by & filed under Daily, Events, Pedagogy at the Program on Negotiation (Pedagogy @ PON).

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 More 

Daily

Boost your negotiations skills and confidence

Posted by & filed under Daily, Negotiation Skills.

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 More 

Daily

Conflict within Companies

Posted by & filed under Conflict Resolution.

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 More