Dispute resolution is often a multistep process that can start with negotiation, move on to mediation, and, if necessary, end in arbitration or litigation.
… 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.
arbitration
The following items are tagged arbitration:
Business Negotiation Strategies: How to Negotiate Better Business Deals
Written by some of the nation’s foremost experts in negotiation, Business Negotiation Strategies: How to Negotiate a Better Business Deal gives you the tools you need to navigate even the stickiest business deals.
… Read More
Why is Negotiation Important: Mediation in Transactional Negotiations
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
How to Win at Win-Win Negotiation
Win-win negotiation, contrary to popular belief, doesn’t require us to choose between collaborating and competing. Here’s how to get the best of both worlds.
… Read How to Win at Win-Win Negotiation
AI Mediation: Using AI to Help Mediate Disputes
AI mediation is on the rise, with chatbots increasingly assisting human mediators in resolving disputes. Here’s what AI mediation is capable of—and where it falls short.
… Read AI Mediation: Using AI to Help Mediate Disputes
What is an Arbitration Agreement?
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?
How Mediation Can Help Resolve Pro Sports Disputes
Worldwide, mediation has become a common means of resolving conflict, ranging from divorce to workplace disputes to broken contracts. Yet mediation remains an underused tool for resolving disputes in U.S. professional sports leagues.
… Read More
Mediation Training: What Can You Expect?
Organizations have long recognized the value of hiring professional mediators to help resolve disputes. More and more, managers have begun to also see value in securing mediation training for themselves and their employees. Although there are times when the services of an unbiased, professional mediator are needed, there may also be instances in which employees … Read Mediation Training: What Can You Expect?
Undecided on Your Dispute Resolution Process? Combine Mediation and Arbitration, Known as Med-Arb
The choice: arbitration vs. mediation. You’re not sure which of two common dispute resolution processes, mediation or arbitration, to use to resolve your conflict. Mediation is appealing because it would allow you to reach a collaborative settlement, but you’re worried it could end in impasse. You know that arbitration would wrap up your dispute resolution … Read More
Negotiation in Business: Starbucks and Kraft’s Coffee Conflict
Sometimes even the best agreements arising out of negotiation in business and are liable to failure and such is the case with the dispute between food giants Starbucks and Kraft (now Kraft-Heinz).
… Read More
Choose the Right Dispute 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
To Achieve a Win-Win Situation, First Negotiate with Yourself
In business negotiations, our actions and reactions often go against creating a win-win situation. Self-examination can help, writes Getting to Yes author William Ury in his book, Getting to Yes with Yourself (and Other Worthy Opponents).
… Read More
In Contract Negotiations, Agree on How You’ll Disagree
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
Conflict Negotiation Strategies: When Do Employees Choose to Negotiate?
How does the desire to negotiate stack up against other workplace decision-making procedures? Negotiation seems to be the preferred decision-making mechanism when employees are seeking individually tailored solutions.
… Read More
Employment Contract Negotiation: Morals Clauses
Employment contract negotiation in some industries involves the negotiation of morals clauses—an increasingly common way for organizations to protect themselves from employee misbehavior.
… Read Employment Contract Negotiation: Morals Clauses
How to Renegotiate a Bad Deal
Think you have some stories from trying to renegotiate? Try this one on for size. Many viewed the deal to be a terrible one from the start. Back in December 2008, Richard M. Daley, then Chicago’s mayor, announced that his administration had agreed to lease the city’s parking meters for 75 years to a private company … Read How to Renegotiate a Bad Deal
Business Conflict Management
In the business world, workplace disputes are all too common. Consider these real-life conflict scenarios: a group of employees who, working overtime to make up for staff shortages, complain to their manager that they aren’t getting paid enough for the extra time. A colleague confides about his boss’s verbal abuse. Two employees argue openly about … Read Business Conflict Management
What is Med-Arb?
When parties find themselves involved in a serious conflict, they often try to avoid the expense and hassle of litigation by turning to one of the two most common alternative dispute resolution processes: mediation or arbitration. Disputants who are concerned about these drawbacks might want to consider a hybrid mediation-arbitration approach called med-arb.
… Read What is Med-Arb?
Alternative Dispute Resolution (ADR) Training: Mediation Curriculum
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
How Does Mediation Work in a Lawsuit?
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?
Top 10 Negotiation Skills You Must Learn to Succeed
Increasingly, business negotiators recognize that the most effective bargainers are skilled at both creating value and claiming value—that is, they both collaborate and compete. The following 10 negotiation skills will help you succeed at integrative negotiation.
… Read More
International Arbitration: What it is and How it Works
Disputes—whether between individuals, companies, or governments—become all the more complicated when they cross national borders. It’s no surprise, then, that a variety of forms of international arbitration, in addition to other dispute-resolution processes, including mediation, are now available to resolve them.
… Read More
3 Types of Conflict and How to Address Them
In the workplace, it sometimes seems as if conflict is always with us. Miss a deadline, and you are likely to face conflict with your boss. Lash out at a colleague who you feel continually undermines you, and you’ll end up in conflict. And if you disagree with a fellow manager about whether to represent … Read 3 Types of Conflict and How to Address Them
Settling Out of Court: Negotiating in the Shadow of the Law
When disputes arise, negotiators face the difficult question of whether to try to reach a settlement on their own or hand decision-making power over to a judge, a jury, or an arbitrator.
… Read More
The Importance of Relationship Building in China
Although most Americans treat those they know differently than they treat strangers, Chinese relationship building towards insiders and outsiders tends to be more extreme than in the United States – and therefore more important in negotiations in China than many Americans understand.
… Read The Importance of Relationship Building in China
What are the Three Basic Types of Dispute Resolution? What to Know About Mediation, Arbitration, and Litigation
When it comes to dispute resolution, there are so many choices available to us. Understandably, disputants are often confused about which process to apply to their situation. This article offers some guidance.
… Read More
10 Great Examples of Negotiation in Business
A number of noteworthy disputes among businesses, organizations, and individuals made headlines over the last few years and demonstrate the importance of negotiation in business.
… Read 10 Great Examples of Negotiation in Business
What is Conflict Resolution, and How Does It Work?
If you work with others, sooner or later you will almost inevitably face the need for conflict resolution. You may need to mediate a dispute between two members of your department. Or you may find yourself angered by something a colleague reportedly said about you in a meeting. Or you may need to engage in … Read More
How to Manage Conflict at Work
Sooner or later, almost all of us will find ourselves trying to cope with how to manage conflict at work. At the office, we may struggle to work through high-pressure situations with people with whom we have little in common. We need a special set of strategies to calm tempers, restore order, and meet each … Read How to Manage Conflict at Work
What is Alternative Dispute Resolution?
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?
Jeswald Salacuse: A Great Scholar, Leader, and Negotiator
Jeswald Salacuse, a Tufts University professor and pivotal member of the Program on Negotiation, made rich and lasting contributions to the fields of negotiation, leadership, and beyond over the course of his distinguished career.
… Read More
Check Out the International Investor-State Arbitration Video Course
Master Class on International Investor-State Arbitration: What is it? How Does it Work?
This two-hour video course is intended to teach students, legal practitioners, business executives, and government officials the essentials of international investor-state arbitration, an area of increasing concern for legal practice, business strategy, and government policy.
In the video Master Class on International Investor-State Arbitration: … Read More
To Break Impasse, Move Beyond Concerns about Fairness in Negotiation
Think about the last time you engaged in an otherwise cordial bargaining session that reached an impasse. Maybe you were far apart on price or disagreed about who was responsible for a serious problem. In such cases, parties often have different views about what constitutes fairness in negotiation.
That’s what happened in 2014, when negotiators from … Read More
5 Good Negotiation Techniques
You’ve mastered the basics of good negotiation techniques: you prepare thoroughly, take time to build rapport, make the first offer when you have a strong sense of the bargaining range, and search for wise tradeoffs across issues to create value. Now, it’s time to absorb five lesser-known but similarly effective negotiation topics and techniques that … Read 5 Good Negotiation Techniques
The Qualities of a Good Mediator: Abrasiveness?
Is abrasiveness one of the qualities of a good mediator? That’s the question posed by to Francesca Gino, Tandon Family Professor of Business Administration at Harvard Business School. Here is the original question and Dr. Gino’s answer.
… Read The Qualities of a Good Mediator: Abrasiveness?
Arbitration vs Mediation: What’s Wrong with Traditional Arbitration?
Arbitration vs mediation: Traditionally, the arbitrator is not limited to selecting one of the parties’ contract proposals but may determine the contract terms on his own. If negotiators know that impasse will lead to traditional arbitration, they typically assume that the arbitrator will reach a decision that’s an approximate midpoint between their final offers.
… Read More
Negotiation Research on Mediation Techniques: Focus on Interests
There is a better way to resolve your dispute: by hiring an expert mediator with a focus on interests – the needs, desires, or concerns that underlie each side’s positions according to negotiation research on mediation techniques.
… Read More
Mediation vs Arbitration – The Alternative 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 Negotiators Can Stay on Target at the Bargaining Table
An excerpt from PON faculty member Francesca Gino’s book Sidetracked: Why Our Decisions Get Derailed, and How We Can Stick to the Plan discusses the importance of staying on target in negotiations whether personal or business in nature.
… Read More
Alternative Dispute Resolution In-House: Mediation, Arbitration, or Med-Arb?
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
Dear Negotiation Coach: Negotiating a Win Win Relationship with Friends
Though we’re often advised against mixing friends and business, it’s not only inevitable at times; it can also be beneficial to everyone involved. The key is to negotiate in a way that ensures a win win relationship between parties, and in bigger business deals, that may include seeking outside help.
We connected with Guhan Subramanian, Joseph … Read More
Alternative Dispute Resolution (ADR): Negotiating for the Right Mediator
Knowing what to look for in a mediator is key to successful dispute resolution. Know what qualities to look for, the purpose of the mediator, and how alternative dispute resolution (ADR) processes like mediation can benefit even the most entrenched disputes.
… Read More
A Negotiation Impasse Between England and France Leads to Skirmish Over Scallops
When parties are fighting for scarce resources, disputes can become intense. Negotiation is often the answer, but agreements may need to be continually revisited to keep the peace, and a negotiation impasse can result in renewed conflict. That’s the main takeaway from the dispute that erupted in the English Channel between French and British fishermen … Read More
Dear Negotiation Coach: How Can You Create a Fair Dispute Process?
Dispute resolution can sometimes take years and lead to costly litigation if opposing sides can’t reach a settlement. The dispute process can become frustrating when you try to be fair and reach efficient settlements, but your counterpart fails to reciprocate. What can you do in a situation where the other party is unreasonable?
Rest assured, you aren’t … Read More
Dealing with Difficult Employees
When dealing with difficult employees, leaders often feel overwhelmed and frustrated by a task that can seem like a distraction from broader organizational goals. But managing personnel issues, including conflict among employees, is a pivotal leadership task—and one that can be improved with knowledge and practice. The following solutions for dealing with difficult employees will … Read Dealing with Difficult Employees
In Contract Negotiation, Wise Business Negotiators Sweat the Small Stuff
What are business negotiators responsible for in contract negotiation? Many would say they’re in charge of building relationships and new business, crafting creative solutions, and fighting for the best deal possible. Few, however, would say they’re responsible for ensuring that the deal holds up well over time.
… Read More
Navigating Business Relationships Using Negotiation
A three-year dispute between Starbucks and Kraft Foods over distribution of Starbucks packaged coffee in grocery stores was resolved in 2013 when an arbitrator determined that Starbucks had breached its agreement with Kraft and ordered the coffeemaker to pay the food giant $2.75 billion.
… Read More
Employee Grievances: Are Most Legal Disputes Resolved in Litigation or Arbitration?
A common question asked is, “If most legal disputes are resolved in litigation, is there room for arbitration or mediation?”
… Read More
How Fast-Food Workers Used Alternative Dispute Resolution (ADR) to Demand Higher Wages
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
Mandated Mediation: What to Expect
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
Negotiation in the News: How a toxic culture led to a costly legal battle for CBS
If time pressure has ever led you to accept proposals from a counterpart without negotiating them, a story coming out of the #MeToo movement may keep you from ever doing so again.
In July 2018, the New Yorker published an article by Ronan Farrow in which six women accused Les Moonves, the longtime chief executive of … Read More
Win-Win Negotiation Skills: Motivate Good Behavior in the #MeToo Era
In the #MeToo era, entertainment companies have incurred significant financial and reputational damage from alleged crimes and misbehavior by the producers, directors, executives, and actors they’ve employed.
… Read More
How Negotiators Can Stay on Target at the Bargaining Table
An excerpt from PON faculty member Francesca Gino’s book Sidetracked: Why Our Decisions Get Derailed, and How We Can Stick to the Plan discusses the importance of staying on target in negotiations whether personal or business in nature.
… Read More
What is Dispute Resolution in Law: The Ins and Outs of Arbitration
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
Crossed Wires? Negotiation Games To Help Your Business Deal Sidestep Legal, Technical And Emotional Glitches
What’s faster than the pace of technological development? The pace of lawsuits being filed about the adoption of new technologies, patent infringement, and intellectual property rights. In our modern world, professionals must be able to resolve highly challenging technology-related disputes – often before they reach the courtroom. That’s where the Program on Negotiation’s Teaching … Read More
Managing Difficult Employees — Like Alex Rodriguez?
What negotiation strategies should employers use when dealing with difficult employees? Conflict management strategies and negotiation skills go hand in hand as this negotiation example about New York Yankees’ star baseball player Alex Rodriguez demonstrates.
… Read More
Real Leaders Negotiate to Meet Their Organization’s Goals
Imagine a typical leader, and you might think of someone who is bold, decisive, visionary, assertive, and charismatic. Now think about the kinds of actions that such a leader might regularly engage in. Delegating, making top-down decisions, and otherwise exerting one’s power might immediately come to mind.
A behavior that’s not typically at the top of … Read More
Exercising Your BATNA: When American Apparel Ousted Dov Charney
On June 18, 2015 the board of retailer American Apparel informed the company’s controversial founder, Dov Charney, that it was ousting him from his roles as chairman and CEO. For years, Charney had fended off sexual-harrassment lawsuits and rumors of inappropriate behavior. But only when the company’s creditors grew anxious about its long-term liability did … Read More
Dealmaking: Don’t Wait for Them to Blink
In labor disputes and dealmaking, negotiators on both sides are likely to overestimate the odds that the other side will view their proposals as fair. In fact, however, self-serving perceptions of what constitutes a fair settlement can cause negotiators to remain miles apart. These factors appear to have come into play when the National Hockey … Read Dealmaking: Don’t Wait for Them to Blink
Examples of Negotiation in Business: When “Shrink to Grow” Pays Off
Learn how BP and Russian negotiators came together and created value in a tough business negotiation even though expansion of the negotiated relationship was not on the bargaining table.
… Read More
Mediation Techniques for Conflict Resolution: Negotiation Strategies to Consider Before You Outsource
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
Capture the Best of Mediation and Arbitration
The problem: You’re not sure which of the two most common dispute-resolution processes, mediation or arbitration, to use to resolve your conflict. Mediation is appealing because it would allow you to reach a collaborative settlement, but you’re worried it could end in impasse. You know that arbitration would wrap up your dispute conclusively, but it … Read Capture the Best of Mediation and Arbitration
How Mediation Works
When negotiators can’t come to agreement but want to avoid an expensive, time-consuming, and potentially rancorous lawsuit, mediation is often their most logical choice. Mediation can help to resolve a wide range of disputes.
… Read How Mediation Works
How to Deal with a Difficult Mediator
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
Contract Negotiations: Before You Sign on the Dotted Line
When times are tight, contracts are often broken. These days, parties on both sides of sales agreements are struggling to fulfill their promises, and contract workers are having trouble getting paid by their employers.
… Read More
Using Mediators to Resolve Disputes
You’ve seen how mediators can help one organizational team prepare for a complex negotiation. But what about when litigation looms?
… Read Using Mediators to Resolve Disputes
How to Conduct a Mediation During Crisis Negotiations
The most difficult peace negotiations in recent decades—in Ireland, the Middle East, the former Yugoslavia, and Sri Lanka—were plagued by a common enemy: violent disruptions by spoilers opposed to the peace process. In each of these cases, extremists stalled negotiations by creating security crises that divided public opinion and drove negotiators apart.
… Read More
How Your Organization Can Benefit from Mediation Techniques
If you manage people, disputes will show up at your door. The marketing VP protests that the budget cap you and your new finance VP proposed is hindering a research initiative you supported. Two young sales representatives are embroiled in a turf war. Your administrative assistant is upset because the HR director won’t approve the … Read More
Dispute Resolution: Mandatory Arbitration Agreements Under Fire
A shake-up is afoot regarding large companies’ use of mandatory arbitration to settle disputes with consumers.
… Read More
Make the Most of Mediation in Negotiations and Dispute Resolution
What at first seemed like a minor misunderstanding has spiraled out of control. A Chicago-based printing company hired your Chicago-based IT consulting firm to train its staff to use its new computer system.
… Read More
For Paris Climate Accord, April 22 Marks Moment of Truth
The global climate change accord talks are some of the most interesting negotiations to have taken place in the past year. This article examines the at-the-table issues the negotiators faced with China and other world leaders in attempting to forge a negotiated agreement on climate change.
… Read More
Working on multiple deals? Look for ways to connect the dots
In negotiation, lightbulb moments—the kind that seem to magically dissolve disputes and create stellar contracts—can be few and far between. We might be lucky to have one such flash of insight over the course of a complicated dealmaking process. Recently, Major League Baseball’s (MLB’s) New York Yankees were fortunate to experience a breakthrough that neatly … Read More
Interdisciplinary and International Perspectives on ADR: Past, Present, and Future
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
Dealmaking: Help Your Agreement Go the Distance
Help your agreement go the distance If your deal doesn’t work in the real world, it’s not worth the paper it’s printed on. Here’s expert advice on increasing the odds of successful implementation.
… Read More
Conflict Management – What You Need to Know Before You Click “Like”
A new conflict-management policy from General Mills, the food company behind products such as Cheerios, Bisquick, and Betty Crocker, may lead it to lose some friends on social media.
The manufacturer recently added language to its website alerting consumers that they relinquish their right to sue the company simply by downloading coupons, “liking” General Mills on … Read More
Bet you didn’t know…Negotiation research you can use
As state and local governments in the United States have been stretched to the breaking point, conflicts between public-sector employers and employees have become increasingly acrimonious, often resulting in stalemates.
When governments and employee unions reach impasse, they often turn to alternative dispute-resolution practices such as mediation and arbitration. Though these practices can be successful, the … Read More
Got a raw deal? Renegotiate a better one
Many viewed the deal to be a terrible one from the start. In December 2008, Richard M. Daley, then Chicago’s mayor, announced that his administration had agreed to lease the city’s parking meters for 75 years to a private company for nearly $1.2 billion in an attempt to tackle a budget shortfall of about $500 … Read Got a raw deal? Renegotiate a better one
What If You Have to Arbitrate?
The likelihood that a provision for final-offer arbitration in the event of impasse will actually result in arbitration is slim. However, as a precaution, you and your counterpart should agree on an arbitrator before you start negotiating. It’s easier to choose an arbitrator when both sides view arbitration as an unlikely event when arbitration is … Read What If You Have to Arbitrate?
Taking Alternative Dispute Resolution (ADR) Too Far
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
Mediation, Arbitration, and the Promise of Privacy
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
Is the Devil in the Details?
You’re close to a deal, but concerns linger. Some of the contract seems less than precise. What in the world does “reasonable best efforts” mean, for example, or “good faith”? Negotiators in this commonplace situation face a choice: push for more precision now or sign the deal and hope the ambiguities won’t cause trouble down … Read Is the Devil in the Details?
Taking ADR Too Far
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
Negotiators: Don’t Go on a Power Trip
Adapted from “When You Hold All the Cards,” by Guhan Subramanian (professor, Harvard Business School and Harvard Law School), first published in the Negotiation newsletter.
One of your customers has just landed a lucrative new contract, and you’re the only supplier who can add a critical component to that customer’s production process. Concerns about violating your … Read Negotiators: Don’t Go on a Power Trip
Devilish Contractual Details
Adapted from “Is the Devil in the Details?,” first published in the Negotiation newsletter.
You’re close to a deal, but concerns linger. Some of the contract terms seem less than precise. What in the world does “reasonable best efforts” mean, for example, or “good faith”? Negotiators in this commonplace situation face a choice: push for more … Read Devilish Contractual Details
Are You Overlooking Mediation?
Adapted from “Why Aren’t Mediation and Arbitration More Popular?” First published in the Negotiation newsletter.
Many scholars have noted that the business community would greatly benefit from third-party dispute resolution services. The problem is, there isn’t much demand for mediation or arbitration. If the alternative dispute resolution field has in fact built a better mousetrap, why … Read Are You Overlooking Mediation?
When We Expect Too Much
How often have you heard a friend or colleague refer to a contract as being “in the bag,” only to find out later that the deal didn’t go through? There always turns out to be a good reason a negotiation fell apart. Yet the fact remains that most negotiators are overconfident about their chances of … Read When We Expect Too Much
Conflict within Companies
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
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- Business Negotiations
- Conflict Resolution
- Crisis Negotiations
- Dealing with Difficult People
- Dealmaking
- Understanding Exclusive Negotiation Periods in Business Negotiations
- Try a Contingent Contract if You Can’t Agree on What Will Happen
- Contract Negotiation Skills: Setting Yourself Up for Success
- Should Women “Lean In” to Create More Value in Negotiations?
- The Art of Negotiation: Anger Management at the Bargaining Table
- Dispute Resolution
- International Negotiation
- International Negotiations and Agenda Setting: Controlling the Flow of the Negotiation Process
- How to Overcome Cultural Barriers in Communication – Cultural Approximations of Time and the Impact on Negotiations
- Cross Cultural Negotiations in International Business: Four Negotiation Tips for Bargaining in China
- Top International Negotiation Examples: Apple’s Apology in China
- Negotiation Team Dynamics: The Divide-and-Conquer Strategy
- Leadership Skills
- Mediation
- Negotiation Skills
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- Teaching Negotiation
- Win-Win Negotiations