In this FREE special report from the Program on Negotiation at Harvard Law School,  Dispute Resolution, Working Together Toward Conflict Resolution on the Job and at Home, the editors of Negotiation Briefings cull valuable negotiation strategies and curate popular content to provide you with a concise guide on how to improve your dispute resolution skills.


dispute resolution process

The following items are tagged dispute resolution process:

How to Manage Conflict at Work

Posted by & filed under Conflict Resolution.

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 More 

Handbook of Dispute Resolution (The)

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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 

What is the Multi-Door Courthouse Concept

Posted by & filed under International Negotiation.

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 

Mediation Training: What Can You Expect?

Posted by & filed under Mediation.

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 More 

Negotiation Strategies for Mutual Gain

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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 

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 

What is Med-Arb?

Posted by & filed under Mediation.

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 More 

Negotiating the Good Friday Agreement

Posted by & filed under Conflict Resolution, Daily.

Retired US Senator George Mitchell played a critical role in negotiating the Good Friday Agreement in Northern Ireland. In an interview with Susan Hackley, Managing Director of the Program on Negotiation at Harvard Law School, in the February 2004 Negotiation newsletter, he describes how he was able to facilitate an agreement between these long-warring parties. … Read More 

Mediation and the Conflict Resolution Process

Posted by & filed under Conflict Resolution.

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 More 

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 … Read More 

How Does Mediation Work in a Lawsuit?

Posted by & filed under Dealmaking.

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 

When Conflict Becomes a Self-Fulfilling Prophecy

Posted by & filed under Negotiation Skills.

When one party brings up the possibility of a lawsuit in a business dispute, the threat can become a self-fulfilling prophecy. Yet business negotiators often benefit from settling their disputes before going to court, write Robert H. Mnookin, Scott R. Peppet, and Andrew S. Tulumello in their book Beyond Winning: Negotiating to Create Value in … Read More 

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 

Dispute Resolution: Uncertainty, Risk, and Opportunity in Water Diplomacy

Posted by & filed under Dispute Resolution.

When countries face contending water claims, one of the biggest obstacles to reaching an agreement is uncertainty. Specifically, there are three types of uncertainty: uncertainty of information, uncertainty of action, and uncertainty of perception. In part 2 of this 5 part series, Program on Negotiation faculty member Lawrence Susskind explains the uncertainties facing negotiators trying … Read More 

How to Conduct a Mediation During Crisis Negotiations

Posted by & filed under Mediation.

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

Posted by & filed under Mediation.

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 

Negotiation in the News: Arm’s Length Peacemaking

Posted by & filed under Uncategorized.

For 70 years, the governments of Japan and South Korea disagreed over what Japan might owe the Korean women its soldiers abused during World War II. The story of how they finally came to agreement reminds us of the importance of including all interested parties in conflict-resolution efforts. An unresolved issue During the war, tens of thousands … Read More 

Negotiating in the Shadow of the Law

Posted by & filed under Dispute Resolution.

Consider the different procedures used to resolve two recent disputes involving sports superstars: • In January, an Indianapolis Colts equipment manager complained that the New England Patriots had introduced underinflated footballs into their American Football Conference Championship Game to the possible benefit of Patriots quarterback Tom Brady. A controversial National Football League (NFL) investigation concluded, based … Read More 

Can Mediation Settle the James Brown Dispute?

Posted by & filed under Mediation.

Back in 2000, James Brown, the legendary “Godfather of Soul,” signed a will leaving most of his estate—valued up to $100 million—to provide scholarships to needy children. In an audio tape, the musician explained that he hoped to cement his legacy with these good deeds. In the will, Brown also set aside scholarship funds for … Read More 

In Dispute Resolution, A Tale of Two Arthurs

Posted by & filed under Dispute Resolution.

In the business world, long-term loyalty to a CEO is supposed to be a good thing. For New England supermarket chain Market Basket, however, employees’ reverent appreciation for their former chief and co-owner, Arthur T. Demoulas, has proved to be destructive to the business in the short term, causing employee and customer protests as well … Read More 

Negotiate, Don’t Litigate

Posted by & filed under Conflict Resolution.

When you’re thinking about resolving a dispute in court, it’s crucial to remember that the decision that will be imposed on you is binding. If blinders lead a judge to grant a motion that should be denied, deny a motion that should be granted, assign responsibility to the wrong party, or award too much or … Read More 

Avoid judicial bias with negotiation

Posted by & filed under Conflict Resolution, Daily.

Adapted from “Blind Justice? Think Twice Before Going to Court,” by Chris Guthrie (professor, Vanderbilt University Law School), first published in the Negotiation newsletter, April 2007. Planning to resolve a personal or business dispute in court? Consider that judges don’t make decisions based on a thorough accounting of all the relevant and available information.  Instead, like … Read More