Download the FREE special report from the Program on Negotiation at Harvard Law School, Mediation Secrets for Better Business Negotiations: Top Techniques from Mediation Training Experts, and you will discover mediation techniques for selecting the right mediator, understand the mediation process and learn how to engage the mediator to ensure a good outcome.


Mediation

A negotiation between two or more parties facilitated by an agreed-upon third party. Skilled third-party mediators can lower the emotional temperature in a negotiation, foster more effective communication, help uncover less obvious interests, offer face-saving possibilities for movement, and suggest solutions that the parties might have overlooked. (David A. Lax and James K. Sebenius, 3-D Negotiation [Harvard Business School Press, 2006], 108-109). See Also: Capture the Best of Mediation and Arbitration with Med-Arb, In Dispute Resolution, A Tale of Two Arthurs, Resolve Employee Conflicts with Mediation Techniques.

The following items are tagged Mediation

Daily

Announcing the 2017-2018 PON Graduate Research Fellows

Posted by & filed under Daily, Graduate Research Fellowships, PON Graduate Research Fellowships, Students.

The Program on Negotiation Graduate Research Fellowships are designed to encourage young scholars from the social sciences and professional disciplines to pursue theoretical, empirical, and/or applied research in negotiation and dispute resolution. Consistent with PON’s goal of fostering the development of the next generation of scholars, this program provides support for one year of dissertation … Read More 

Courses and Training

Negotiation and Leadership: Dealing with Difficult People and Problems

Posted by & filed under executive training, Negotiation and Leadership (3 and 1 Day Courses).

It’s often said that great leaders are great negotiators. But how does one become an effective negotiator? On-the-job experience certainly plays a role, but for most executives, taking their negotiation skills to the next level requires outside training. Designed to accelerate your negotiation capabilities, Negotiation and Leadership examines core decision-making challenges, analyzes complex negotiation scenarios, … Read More 

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Bringing Peace Into the Room

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

Free Report

Harvard Negotiation Institute 2017 Summer Programs Guide

Posted by & filed under Free Report.

In this Special Guide, we provide details on all the courses available at Harvard Negotiation Institutes Summer Programs. Included in this guide are details on why you should attend the Harvard Negotiation Institutes Summer Program, learning objectives for each course, distinguished faculty who will be teaching the courses, and registration details. … Read More 

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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 

Courses and Training

Negotiation and Leadership: Dealing with Difficult People and Problems

Posted by & filed under executive training, Negotiation and Leadership (3 and 1 Day Courses).

Negotiation and Leadership Dealing With Difficult People and Problems Fall: December 5-7, 2016 Spring: April 18-20, 2017 | May 15-17, 2017 | June 19-21 2017

Become a More Effective Negotiator Great leaders are great negotiators. By equipping you with the innovative negotiation strategies you need to excel at the bargaining table, Negotiation and Leadership will help you:

Improve working relationships and resolve seemingly … Read More 

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John & Mary

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James Lawrence Five- or six-person mediation between manufacturing company management and a former employee (and their respective counsel) regarding the employee’s departure amid allegations of sexual harassment; optional extra role for manager accused of harassment … Read More 

Free Report

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What is Crisis Management in Negotiation?

Posted by & filed under Crisis Negotiations.

What is Crisis Management in Negotiation?

Organizations often establish elaborate business crisis management plans. Through a rapid, centralized response, an organization can shift swiftly and efficiently from day-to-day operations into crisis-management mode, whether that crisis involves a building evacuation, a tumble in the company’s stock price, or a product recall. Why does the need for crisis negotiation arise, what is crisis management … Read More 

Courses and Training

Spring Mediation and Conflict Management

Posted by & filed under PON Seminars, PON Seminars (Semester Length Courses).

This course is designed to raise your awareness of your own approach to conflict, introduce a range of theories about mediation and participatory processes, and improve your conflict management skills. While we will discuss a wide range of dispute resolution processes that involve third parties, we will focus on mediation. Each class moves … Read More 

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Courses and Training

Mediating Disputes

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

Course Dates: June 5-9, 2017 The success of any mediation is predicated on the skills of the mediator. In this popular program, you will acquire the practical skills and techniques for facilitating negotiations between disputing parties. From family and employment matters to public policy and business disagreements, you will discover effective ways to settle differences and mediate … Read More 

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Free Report

Mediation Secrets for Better Business Negotiations: Top Techniques from Mediation Training Experts

Posted by & filed under Free Report.

In this Special Report, the experts and editors from Harvard’s Program on Negotiation offer a sampling of advice from past issues of Negotiation to help you learn the techniques you need to resolve your disputes through mediation. You will learn to select the right dispute-resolution process, choose a mediator with appropriate expertise, learn the steps your … Read More 

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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 8-9, 2017 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 

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Free Report

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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 12-16, 2017 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 

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Dioxin – Waste to Energy Game

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Denise Madigan, Steve Foster, and Lawrence Susskind Six-party, multi-issue negotiation among four scientists, a city representative, and an environmentalist to develop the city’s solid waste management strategy; also known as: Dioxin: Resource Recovery. … Read More 

Free Report

Sally Soprano: Role-Play Simulation

Posted by & filed under Free Report.

Sally Soprano is a distinguished soprano who is now somewhat past her prime. She has not had a lead role in two years but would like to revive her career. The Lyric Opera has a production scheduled to open in three weeks, but its lead soprano has become unavailable. Lyric’s representative has requested a meeting … Read More 

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Courses and Training

New! Advanced Mediation Workshop: Mediating Complex Disputes

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

Course Dates: June 12-16, 2017 You’ve handled numerous mediation sessions with ease. You are confident in your mediation skills, especially between two parties who want a fair resolution. But how do the dynamics change when their lawyers join the session? What happens when the mediation expands to multiple parties who are bringing many issues to the … Read More 

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Inside Out

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Gary Friedman Designed to help people who work with parties in conflict use their inner experiences for the benefit of their clients, this book challenges many of the conventions conflict-resolution professionals bring to this field. Rooted in self-awareness, this practical guide encourages us to work from the “inside out”. … Read More 

Free Report

Negotiation Master Class Fall 2013 Program Guide

Posted by & filed under Free Report.

For the first time ever, the Program on Negotiation is offering a master-level course for negotiators. The program is highly personalized and taught by 4 negotiation experts from Harvard and MIT. If you are selected to participate, you will be assigned to small learning groups, take part in dynamic exercises with two-way feedback, work closely … Read More 

Daily

Dealmaking: Dealing with the Other Side’s Constituents

Posted by & filed under Dealmaking.

Dealmaking: Dealing with the Other Side's Constituents

During a meeting with a potential customer, a new salesperson leaves the room several times to make phone calls. Each time when she returns, she tells the customer she can’t accept the terms they just negotiated. Exasperated by her apparent lack of authority, the customer ends the meeting abruptly. … Read More 

Courses and Training

Mediating Disputes – Fall 2017

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

Course Dates: TBA In this popular program, you will acquire the practical skills and techniques for facilitating negotiations between disputing parties. From family and employment matters to public policy and business disagreements, you will discover effective ways to settle differences and mediate disputes across a variety of contexts. This program will provide you with core mediation skills … Read More 

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Courses and Training

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Rise of Organized Labor in the United States

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Note: Purchase of the teacher’s manual for this Workable Peace Curriculum Unit includes a site license, which grants the user permission to reproduce its contents (including the role simulation instructions) for academic purposes at a single site, such as a school or organization. The individual role simulation for the Ethnic Conflict in Post-Colonial Africa curriculum … Read More 

Daily

Negotiation Analysis: The US, Taliban, and the Bergdahl Exchange

Posted by & filed under International Negotiation.

The exchange between the United States and the Taliban of Sergeant Bowe Bergdahl for five Taliban leaders held at Guantanamo Bay, Cuba, represented the first public prisoner exchange of a US soldier in the thirteen year US involvement in Afghanistan. The background of the deal including how Private First Class Bergdahl (promoted twice to Sergeant … Read More 

Courses and Training

Negotiation and Leadership: Dealing with Difficult People and Problems

Posted by & filed under executive training, Negotiation and Leadership (3 and 1 Day Courses).

It’s often said that great leaders are great negotiators. But how does one become an effective negotiator? On-the-job experience certainly plays a role, but for most executives, taking their negotiation skills to the next level requires outside training. Designed to accelerate your negotiation capabilities, Negotiation and Leadership examines core decision-making challenges, analyzes complex negotiation scenarios, … Read More 

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Civil Rights and School Integration in the United States

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Note: Purchase of the Teacher’s Manual for this Workable Peace Curriculum Unit includes a site license, which grants the user permission to reproduce the contents (including the simulation instructions) for academic purposes at a single site, such as a school or organization. The individual role simulation for the Civil Rights and School Integration in the … Read More 

Daily

Mediation: Negotiating a More Satisfactory Divorce

Posted by & filed under Uncategorized.

Mediation: Negotiating a More Satisfactory Divorce

We’ve all heard nightmarish stories of divorce battles that take years—and cost a small fortune—to resolve. The task of negotiating child and spousal support, dividing property and other possessions, and establishing child-custody arrangements can be daunting, especially when the principals are barely speaking to each other. In the worst-case scenario, bitter spouses hire cutthroat lawyers … Read More 

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Ancient Greece and the Peloponnesian War

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Note: Purchase of the teacher’s manual for this Workable Peace Curriculum Unit includes a site license, which grants the user permission to reproduce its contents (including the role simulation instructions) for academic purposes at a single site, such as a school or organization. The individual role simulation for the Ancient Greece and the Peloponnesian War … Read More 

Daily

Top Negotiation Case Studies in Business: Apple and Dispute Resolution in the Courts

Posted by & filed under Business Negotiations.

In August 2012, a California jury ruled that Samsung would have to pay Apple more than $1 billion in damages for patent violations of Apple products, particularly its iPhone. The judge eventually reduced the payout to $600 million. In November 2013, another jury ruled that Samsung would have to pay Apple $290 million of the … Read More 

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Indigenous Rights and the Environment in Latin America

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Note: Purchase of the teacher’s manual for this Workable Peace Curriculum Unit includes a site license, which grants the user permission to reproduce its contents (including the role simulation instructions) for academic purposes at a single site, such as a school or organization. The individual role simulation for the Indigenous Rights and the Environment in … Read More 

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Ethnic Conflict and Genocide in Post-Colonial Africa

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Note: Purchase of the teacher’s manual for this Workable Peace Curriculum Unit includes a site license, which grants the user permission to reproduce its contents (including the role simulation instructions) for academic purposes at a single site, such as a school or organization. The individual role simulation for the Ethnic Conflict in Post-Colonial Africa curriculum … Read More 

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Religion and Nationalism in Northern Ireland

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Note: Purchase of the teacher’s manual for this Workable Peace Curriculum Unit includes a site license, which grants the user permission to reproduce its contents (including the role simulation instructions) for academic purposes at a single site, such as a school or organization. The individual role simulation for the Religion and Nationalism in Northern Ireland curriculum … Read More 

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Mediation Used in Dispute Resolution Over Art Museums

Posted by & filed under Uncategorized.

Mediation Used in Dispute Resolution Over Art Museums

When partners are negotiating a new business deal, overconfidence can lead them to overlook the possibility that the business will fail or otherwise struggle. Wise negotiators envision not only the best-case scenario, but the worst-case scenario, and prepare for it before signing on the dotted line. … Read More 

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How to Negotiate a Business Deal

Posted by & filed under Business Negotiations.

How to Negotiate a Business Deal

In late 2016 and early 2017, news stories abounded of companies that were having second thoughts about planned mega-mergers. Abbott Laboratories began looking for ways to exit its acquisition of Alere, citing investigations of the medical test maker, for example. And Verizon started rethinking its acquisition of Yahoo! following a data breach at the tech … Read More 

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Dispute Resolution, NHL style

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Dispute resolution in NHL

The deal suggests a valuable way for business negotiators in all realms to break through thorny disputes: expand your focus by looking for tradeoffs that cut across time periods. … Read More 

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Saving the Last Dance

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Gary J. Friedman, Jack Himmelstein, and Robert H. Mnookin A mediation training video illustrating the non-caucus “Mediation through Understanding” model … Read More 

Daily

How Does Mediation Work in a Lawsuit: Choosing the Right Mediator

Posted by & filed under Uncategorized.

how does mediation work in a lawsuit choosing the right mediator

How does mediation work in a lawsuit? For those new to mediation, we advise you being by getting a list of mediators from a reputable provider agency. You can find these agencies by searching under dispute resolution or by inquiring with your organization’s legal department. … Read More 

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Robyn & Luis

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Jeswald W. Salacuse A short dramatized problem regarding a dispute between two corporate officers over the best way to improve company profitability … Read More 

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Rebuilding the World Trade Center Site

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Lawrence Susskind A group of legal, business, and dispute resolution professionals negotiate a six-person, facilitated role simulation regarding the reconstruction of the World Trade Center site in New York City, following the 9/11/2001 terrorist attacks … Read More 

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Negotiation Techniques from International Diplomacy: Lessons for Business Negotiators

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International Diplomacy

Executives rarely view themselves as diplomats engaged in international diplomacy but business negotiators often find the two fields share negotiation skills and negotiation techniques. Rightly or wrongly, diplomacy evokes images of frivolity – days spent wandering exotic capitals, nights spent cruising embassy cocktail parties. … Read More 

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What Makes a Good Mediator?

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What makes a good mediator? And how is it that mediators—who themselves lack any power to impose a solution—nevertheless often lead bitter disputants to agreement? … Read More 

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Daily

VIDEO: William Ury on “Getting to Yes with Yourself”

Posted by & filed under Uncategorized.

At the Program on Negotiation at Harvard Law School, William Ury, a founding member of the Program on Negotiation and co-author of the seminal book Getting to Yes, spoke about his latest book, Getting to Yes with Yourself (and Other Worthy Opponents). Over 250 community members, students, and faculty members filled Austin Hall to hear Ury … Read More 

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Mediation Lecture Video Series

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Sarah Cobb and Lawrence Susskind Three videos featuring guest lecturers from the “Mediation and Other Facilitative Roles in Dispute Resolution” seminar, offered by the Program on Negotiation: … Read More 

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Ten Popular Business Negotiation Articles

Posted by & filed under Business Negotiations.

top 10 business negotiation articles

Here are ten popular business negotiation articles on the Program on Negotiation website. Drawn from a variety of negotiation case studies as well as negotiation research, the following articles present negotiation examples in real life and offer strategies for engaging in integrative negotiations strategies aimed at creating win-win scenarios for each party at the negotiation … Read More 

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In the Shadow of the City

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Michael Wheeler A simulated mediation between an aid worker and a project funder, featuring Getting to YES co-author Bruce Patton as the mediator … Read More 

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International Negotiation Role Playing: Systems Thinking and Peace-Building

Posted by & filed under Uncategorized.

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 

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When Talk Works Profiles of Mediators

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When mediator Jimmy Carter talks, world leaders listen. When violence erupts in a public housing project, Linda Colburn mediates for peace. And when attorney William Hobgood intervenes to resolve a labor dispute, he saves workers and management the economic and emotional costs of litigation. When Talk Works goes behind the scenes with accomplished mediators to show … Read More 

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Studies in International Mediation

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Studies in International Mediation brings together a number of the most prominent scholars in the field of international relations and conflict management to consider the uses of mediation in international conflict resolution. Edited by Jacob Bercovitch, the volume highlights three major themes: the reasons mediation succeeds or fails, the range and diversity of mediation as … Read More 

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Public Dispute Mediators Profiles of 15 Distinguished Careers

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This book profiles 15 of North America’s most experienced public dispute mediators. The practitioners depicted originally worked in many different fields, including nursing, city planning, political science, labor relations, sociology, history, mathematics, environmental studies, and law, but they all have become skilled mediators through a combination of training, apprenticeship, and practice. While the career paths … Read More 

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How to Manage Conflict at Work

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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 More 

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Negotiation Eclectics Essays in Memory of Jeffrey Z. Rubin

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In memory of one of the founders of the Program on Negotiation, this collection of essays covers a variety of negotiation topics: culture and negotiation, power dynamics within negotiation, psychological traps, mediation, psychoanalysis and negotiation, and negotiation pedagogy. The distinguished authors, members of many academic disciplines and professional institutions, came together in a conference held … Read More 

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An Alternative to Traditional Dispute Resolution Instruction

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dispute resolution

Many negotiation and mediation instructors draw from other disciplines for a range of purposes. Insights from social psychology, for instance, can help students understand, explain, or predict certain interpersonal and inter-group dynamics. Ideas from economics and game theory can shed light on various value-creation principles. … Read More 

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Mediation: Sitting Down at the Table

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mediation and problem solving skills sitting down at the table

One of the central skills of a mediator is the ability to solve problems. And while problem solving skills may lead to successfully negotiated agreements between disputing parties, an effective mediator also has to get each side to agree to sit down at the bargaining table in the first place. … Read More 

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Multiparty NegotiationFour-Volume Set

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This comprehensive four-volume collection on multiparty negotiation brings together nearly 100 classic works and cutting-edge papers from law, international politics, organization studies and public administration … Read More 

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Hidden Conflict in Organizations Uncovering Behind-the-Scenes Disputes

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Conflict is a persistent fact of organizational life. Much of it, however, rarely becomes public and instead is expressed `behind the scenes’ in such forms as avoidance, toleration, gossip and vengeance. This book is a collection of essays written by scholars and practitioners in the fields of organizational psychology and conflict management including John Van … Read More 

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What is Med-Arb?

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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. … Read More 

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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 

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World Trade Center Redevelopment Negotiation

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Lawrence Susskind, Katherine Harvey, David Kovick, F. Peter Phillips, Marc Wolinsky, Cathy Cronin Harris, and Simeon Baum Six-person facilitated negotiation among representatives of the city, state, developer, insurer, and victims’ families regarding the redevelopment of the World Trade Center site following the Sept. 11, 2001 terrorist attacks … Read More 

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Mediating Better Community Relations in New Orleans

Posted by & filed under Uncategorized.

On May 14, Susan Hutson, the independent police monitor for the city of New Orleans brought together community stakeholders and police officials to help formulate a program that would allow police officers and citizens to mediate minor disagreements, the New Orleans Times-Picayune reports. Aided by a professional mediator, citizens and officers would sit face to … Read More 

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Williams v. Northville

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Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown 5-person, non-scorable mediation between a school principal and a parent (with attorneys) regarding a values-based dispute over classroom discussions and materials addressing same-sex couples and their families … Read More 

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Westville

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John Forester and David Stitzel Three-person, three-issue, integrative, scoreable mediation among representatives of a homelessness task force and a neighborhood group, mediated by a planning department representative, over the terms of a proposed homeless shelter in their suburban town … Read More 

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M&A Negotiation: Undoing the Deal

Posted by & filed under Business Negotiations.

negotiation situation examples team building and negotiating skills and negotiation tactics

After parties have invested considerable time and money in a negotiation, agreement can come to seem like an inevitable end point. You may think you have an ironclad contract, but because negotiations can be difficult to undo, we’d be wise to examine very closely the pros and cons of signing a deal. That’s the lesson … Read More 

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Welding Connection

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Marjorie Corman Aaron and Jim Lawrence Four-person grievance mediation among counsel for a welding company, a union representative, and a discharged employee over the legitimacy of the discharge, which was based on a positive drug test … Read More 

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Mediation Process and Business Negotiations: How Does Mediation Work in a Lawsuit?

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mediation process and business negotiations how does mediation work in a lawsuit

How does mediation work in a lawsuit? What benefits can mediation offer businesses that deal with multiple contractual agreements, some of which may end in disputes? These questions were answered by Harvard Law School Associate Professor and negotiation expert Dan Greiner in an “Ask the Negotiation Coach” segment from our Negotiation Briefings newsletter. … Read More 

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Water Woes

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Marjorie Corman Aaron and JAMS/ Endispute Three-person mediation between an architect and a real estate developer over responsibility and compensation for a major construction error … Read More 

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Conflict Management: Intervening in Workplace Conflict

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Question: I’m aware of lots of unresolved personnel issues that seem to be festering in my department, such as complaints about someone who is not doing his share of the work, another person whose griping is causing a drop in morale, and two coworkers who can’t seem to get along. I’m comfortable negotiating with customers, … Read More 

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Water on the West Bank

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Susan Podziba and Lawrence Susskind Seven-person, four-issue mediation among three Israeli water authority and regional representatives and three Palestinian water authority and political representatives over plans to drill a new well on the West Bank … Read More 

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The Best Negotiation Exercises, Simulations and Videos for the New Semester

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The air is buzzing with excitement as students, teachers and institutions prepare for the new academic year. Have you planned your curriculum and purchased your teaching material? We’re here to help you to find the best negotiation exercises and teaching aids for your negotiation classes. The Teaching Negotiation Resource Center is your one-stop shop for negotiation … Read More 

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Tulia and Ibad Mediation

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William Ury, Ibrahim Ibrahim and Roger Fisher Three-team, multi-issue mediation involving two or more representatives each of the country of Tulia, the country of Ibad, and the Organization of African Unity (O.A.U.) regarding a cease-fire between the two warring countries … Read More 

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Tucker Graphics, Inc. and Nihon Ichiban Technology

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Sean Cote under the supervision of Abram Chayes and Antonia Handler Chayes Three-person mediated or arbitrated settlement conference regarding a contract dispute between a U.S.-based graphics firm and a Japanese digital printer manufacturer … Read More 

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Trademore Personnel

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Lawrence Susskind and Bruce Patton Three-person, integrative, facilitated negotiation with two department heads and a Human Resources observer/facilitator regarding the possible transfer of an employee from one department to the other … Read More 

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Summitville Service Agreement

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Patrick Field and Tracy Dyke A two-team (four-party), co-mediated, multi-issue negotiation simulation involving a bitter property tax dispute between a small town and an Indian band living on a nearby reservation … Read More 

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Capture the Best of Mediation and Arbitration

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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 More 

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St. Francis Hospital and the Managed Medical Model

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Patricia Moore and Lawrence Susskind Five-party, four-issue negotiation among representatives for a financially struggling hospital’s administrators, doctors, and nurses over budget priorities and expanded application of the managed medical model … Read More 

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How Mediation Works

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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 More 

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Springfield OutFest

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Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown This is a six-person, non-scorable negotiation simulation focused on mediating values-based legal disputes, specifically disputes involving conflicting views and values regarding homosexuality and religious faith. … Read More 

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Examples of Alternative Dispute Resolution (ADR): How Mediation Works

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how does mediation work the mediation process

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 

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How Does Mediation Work in a Lawsuit?

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mediation process and business negotiations 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 More 

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Seoul Food in Urbana

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David Eun and Bruce Patton Three-person mediation involving representatives of local Korean and African-American communities over racial tensions arising from an alleged shoplifting incident; a city representative serves as the mediator … Read More 

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Rosenberg v. Lincoln Landscaping

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Pat Aaron Three-person small claims mediation between a landscaping company and its client over a disputed bill and quality of service … Read More 

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The Value of Using Scorable Simulations in Negotiation Training

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In the fall of 2015, members of the PON faculty and negotiation community gathered to hear Gordon Kaufman (MIT Morris A. Adelman Professor of Management, Emeritus) speak about how he uses quantifiable data to plot student-learning trajectories. The conversation focused on the ongoing debate within the negotiation pedagogy community regarding the way we assess instructional outcomes. Quantif-why-able? PON co-founder … Read More 

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Radwaste II

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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 

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Negotiating with Millennials – How to Overcome Cultural Differences in Communication

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how to overcome cultural differences in communication - negotiating with the next generation

Negotiation training often focuses on bridging gaps between negotiators with different styles, backgrounds, or objectives, but what about overcoming generational barriers in negotiation? Generational differences need not stymie efforts at the bargaining table. In this segment from “Dear Negotiation Coach,” we explore how to overcome cultural differences in communication with members of the Millennial generation. … Read More 

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Radwaste I

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Tod Loofbourrow, Lawrence Susskind, Denise Madigan and Wendy Rundle Seven-party, multi-issue, scoreable negotiation among regulatory, environmental, tribal, local government, and industry representatives to choose criteria for selecting a low-level radioactive waste disposal site … Read More 

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How to Renegotiate a Bad Deal

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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 More 

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PowerScreen Problem

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Bruce Patton, Mark Gordon and Andrew Clarkson Two-party integrative negotiation between the lawyers for business partners concerning the ownership of a new computer program one of them has developed … Read More 

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

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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 

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Neighborhood Care, Inc.

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Lawrence Susskind and Bruce Patton Two-party negotiation or mediation between church and neighborhood representatives over the possible use of church facilities for services for the mentally challenged … Read More 

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What an Operatic Role-Play Simulation Can Teach You About Negotiation

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A distinguished older soprano, Sally has not had a lead role in two years. However, when another soprano falls ill, the Lyric Opera is eager to hire Sally…but at what price? Sally Soprano is one of the best-known role-play simulations from the Program on Negotiation’s Teaching Negotiation Resource Center (TNRC). And it’s a classic for good … Read More 

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Negotiated Rulemaking for Electric Utilities

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Jonathan Raab and Lavinia Hall Five-person facilitated negotiation among environmental, industry, public utility, and government representatives to revise a proposed rule incorporating environmental costs into electric utility rates … Read More 

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Arbitration vs Mediation: How Negotiators Can Effectively Use Alternative Dispute Resolution (ADR)

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arbitration vs mediation and the conflict resolution process in alternative dispute resolution

Arbitration, mediation, and the dispute resolution process – how negotiators can effectively use alternative dispute resolution (ADR), conflict management and conflict resolution techniques to resolve disputes, repair relationships, and find opportunities for value creation at the bargaining table. It’s often the case that when two people or organizations try to resolve a dispute by determining who … Read More 

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Long River

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Catherine Ashcraft and Larry Susskind A six-party, seven-person (including the mediator), multi-issue mediation among representatives of governmental, business, environmental, recreational, and tribal interests regarding a dispute over developing an instream flow action plan … Read More 

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Why is Negotiation Important: Mediation in Transactional Negotiations

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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 

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Little v. Jenks

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Karen Falkenstein Green Two-party small-claims settlement mediation between two former friends over the sale of a problematic used car … Read More 

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A Closer Look at Court-Sponsored Mediation

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No one likes to go to court. Not only is it expensive and time-consuming, it often leads to frustrating results and damaged relationships. So is court-sponsored mediation a better route? The answer is “sometimes,” according to a comprehensive survey of court-affiliated mediation programs by Roselle L. Wissler of Arizona State University’s College of Law in Tempe. … Read More 

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Least-Cost Planning Exercise

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Clinton Andrews and Lavinia Hall Six-party, multi-issue mediation among electric utilities, consumer interests, environmentalists, and mediator with technical expertise, over the best way to meet increased demands for electricity … Read More 

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Alternative Dispute Resolution (ADR) Training: Mediation Curriculum

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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 

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Lake Wasota Fishing Rights

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Denise Madigan, Tod Loofbourrow with teaching notes by Eileen Babbitt and Lawrence Susskind Six-party, six-issue, scoreable negotiation among representatives of tribal, state, federal, recreation, and business interests over fishing rights in a large lake … Read More 

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Grading a Negotiation: Examples of How to Evaluate Student Performance

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Whether to grade student role-play performance, process and outcomes is a tricky question. Jim Lawrence, a long-time PON contributor, simulation author, attorney and practicing mediator with Frost Brown Todd LLC, recently shared his thoughts on the value and purpose of grading students participating in negotiation simulations. … Read More 

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Juvenile Justice Restorative Circle

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David Baharvar under the supervision of Robert C. Bordone Six- or eight-party mediated restorative justice circle among juvenile offender, offender’s parent, victim, community member, facilitators supporting each side, and one or two mediators, regarding a juvenile shoplifting incident … Read More 

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Humboldt

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Lawrence Susskind Eight-person, multi-issue mediation among regional government, environmental, development, and business interests regarding environmental and economic tradeoffs and ethical issues in the development of a manufacturing plant … Read More 

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Arbitration vs Mediation: What’s Wrong with Traditional Arbitration?

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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 

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Grocery Store

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David Eun and Bruce Patton Two-party negotiation between a minister and a school principal over how to address racial tensions arising from alleged shoplifting at a local grocery store … Read More 

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Teaching Negotiation Videos – All Downloadable!

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Have you been energized by the unique “aha” moment students experience when video is used in their class? Us too! At the Teaching Negotiation Resource Center we’ve seen increasing demand for our videos as they provide educators with a stimulating launching pad for group discussion. Whether videos are a frequent component in your curriculum, or even if … Read More 

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Gator v. City of Quincy

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Karen Falkenstein Green Three-person small-claims mediation between a motorist and a city attorney regarding liability for damage to the motorist’s automobile due to a pothole … Read More 

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How to Deal with a Difficult Mediator

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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 

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Ellis v. MacroB

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Kate Harvey and David Kovick, under the supervision of Lawrence Susskind and Jennifer Brown 5-person nonscorable mediation between an employee and his/her corporate employer regarding potentially conflicting values and interests around issues of homosexuality and religious faith … Read More 

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East Falls Brownfields

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Tracy Dyke, under the direction of Lawrence Susskind and Susan Podziba Seven-person, non-scoreable, facilitated negotiation among planners, regulators and activists regarding the cleanup and redevelopment of environmentally contaminated property … Read More 

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Drug Testing in the Workplace

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Joel Cutcher-Gershenfeld and Roger Winthrop Three-person employment mediation between a truck driver and his company’s personnel director, mediated by an Employee Assistance Program representative, regarding a positive drug test; a four-person version also includes a union representative … Read More 

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DirtyStuff I

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Lawrence Susskind Five-person, multi-issue facilitated negotiation among industry, environmental, labor, and government representatives to develop single-text regulation of toxic industrial by-product … Read More 

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Dirty Laundry

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Pat Aaron Three-person mediated small-claims dispute between a dry cleaning business and a customer over compensation for torn shirts … Read More 

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What’s Keeping You from Closing the Deal?

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When talks stall, it’s tempting to jump to conclusions: “It’s purely a price gap.” “They’re being unreasonable.” “We’re not communicating well.” “We’re in a weak position.” … Read More 

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Development Dispute at Menehune Bay

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Lawrence Susskind, Thomas Dinell, and Vicki Shook Six-party, multi-issue, facilitated negotiation of a dispute over environmental issues, native rights, and commercial development interests in Hawaii … Read More 

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Top 10 Negotiation Skills

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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 

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Construction in Bunyonville

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Bruce Patton Six-person, multi-issue mediation between two construction company representatives and two neighborhood residents over a construction project’s safety and noise issues; mediated by two representatives of the bank financing the construction … Read More 

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Negotiation Examples to Help You Become a Better Mediator

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When opposing parties cannot come to a satisfactory resolution, a strong mediator can make all the difference. By effectively examining the issues at hand and helping parties identify creative solutions, a well-trained mediator builds consensus where there once was none. To help professionals learn the art of mediation, the Program on Negotiation’s Teaching Negotiation Resource Center … Read More 

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Case of the Puerile Printer

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Albie Davis and Ericka Gray Six-party mediation with employees, employer, and legal counsel over the contested result of a sexual harassment grievance procedure … Read More 

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Carson Extension – Mediated Version

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Holly Goo and Lawrence Susskind Seven-person, three-issue mediation among a landowner and representatives of an engineering firm, U.S. Army Corps of Engineers, town council, and environmental interests over cost and timing of removal of an unauthorized extension of property into a river … Read More 

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What is Alternative Dispute Resolution?

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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 More 

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Broken Benches

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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 

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Choose the Right Dispute Resolution Process

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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 More 

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Arms Control on Cobia

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P. Terrance Hopmann Multi-issue arms control negotiation among representatives of eight fictional countries … Read More 

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How to Conduct a Mediation During Crisis Negotiations

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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 

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Amending Approval for the Storyville Pulp and Paper Mill

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Consensus Building Institute and Alberta Environmental Appeal Board Mediation of a three-party dispute among a paper mill, a community group, and an environmental regulatory agency over the paper mill’s air pollution permit … Read More 

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What is an Arbitration Agreement?

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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 

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Managing Growth in Rockville

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Armand Ciccarelli and Lawrence Susskind Seven-person, multi-issue mediation among business, planning, environmental, and agricultural interests regarding growth management and comprehensive planning … Read More 

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Teaching with Video-Based Negotiation Scenarios

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Access to multimedia content has rapidly increased throughout the world, with videos and short clips permeating our daily life. We are consuming, producing, and interacting with videos more now than ever before. In light of increasing video fluency and interest in using videos in education, the Program on Negotiation’s Teaching Negotiation Resource Center is creating … Read More 

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DirtyStuff II

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Jeffrey Litwak and Lawrence Susskind Six-person, multi-issue facilitated negotiation among industry, environmental, consumer/community, labor, and government representatives to develop single-text regulation of toxic industrial by-product … Read More 

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How Your Organization Can Benefit from Mediation Techniques

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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 

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Negotiation Journal

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The Negotiation Journal is a multidisciplinary international journal devoted to the publication of works that advance the theory, analysis, practice, and instruction of negotiation and dispute resolution. … Read More 

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Harvard Negotiation Law Review

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Negotiation, not adjudication, resolves most legal conflicts. However, despite the fact that dispute resolution is central to the practice of law and has become a “hot” topic in legal circles, a gap in the literature persists. “Legal negotiation” — negotiation with lawyers in the middle and legal institutions in the background — has escaped systematic … Read More 

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Values-Based Mediation Simulations

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Three new role-play simulations focus on the mediation of values-based disputes. They are now available with Teaching Notes and an Annotated Bibliography from the Program on Negotiation Clearinghouse. … Read More 

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Is Mediation Expertise What You Need?

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When a negotiation escalates into a dispute, most managers understand the value of seeking out a mediator for professional assistance with the matter. The question of whom to hire, however, is less clear-cut. What type of expetise should your mediator have, and where should you look for her? In this article, we will walk you … Read More 

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Conflict and Conflict Resolution at Work

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In the workplace, negotiations with coworkers over issues such as project assignments, departmental funding, and vacation requests can sometimes flare into conflicts. When they do, the experience can be stressful, and the organizational outcomes sometimes suffers as a result. … Read More 

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Announcing the 2016 PON Summer Fellows

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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 scholarship and practice in negotiation and … Read More 

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Negotiation Role-Plays for Building Critical Skills

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Here is a brief story about about a teenager named Chris Jensen. On his way home from basketball practice, he walked into a grocery store and shoplifted some candy bars and a soda. The storeowner saw him, chased after him, and, as luck would have it, they ran right into a police officer. But instead … Read More 

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Announcing the 2016-2017 PON Graduate Research Fellows

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    The Program on Negotiation Graduate Research Fellowships are designed to encourage young scholars from the social sciences and professional disciplines to pursue theoretical, empirical, and/or applied research in negotiation and dispute resolution. Consistent with PON’s goal of fostering the development of the next generation of scholars, this program provides support for one year of dissertation … Read More 

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For Paris Climate Accord, April 22 Marks Moment of Truth

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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 

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In Acrimonious Disputes, Conflict Management is Key

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In Acrimonious Disputes Conflict Management is Key

Parties to a business dispute often become so focused on beating the other party that they lose sight of their most important goals. Conflict management efforts can be even more intense and seeming insurmountable between estranged romantic partners with a history of acrimony and distrust. Consider rock star Madonna’s ongoing legal dispute with her ex-husband, film … Read More 

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Using Mediation to Resolve International Disputes

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As businesses increasingly branch out globally, they also face the possibility of broken contracts and strained relationships. Mediation can be an effective means of resolving disputes and getting business partners back on track, but do intercultural differences complicate the process? If so, how can disputants and mediators adjust? Elizabeth D. Salmon of the University of Maryland … Read More 

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Top 10 Best Negotiations of 2014: Negotiation Case Studies Drawn from Negotiation Examples in Real Life

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Rather than unparalleled triumphs and victories, many of the 10 Best Negotiations of 2014 share a common theme of “making the best of a bad situation.” From climate change to Congress to Cuba, negotiators often found themselves trying to claw their way out of the darkness and into the light. Here are 10 negotiations that … Read More 

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Negotiation Skills for Resolving International Conflicts

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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

Teaching Negotiation: The Art of Case Study Writing

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Jim Sebenius, the Gordon Donaldson Professor of Business Administration at Harvard Business School, and Director of the Harvard Negotiation Project, addressed these questions in his presentation at the NP@PON Faculty Dinner Seminar on October 7, 2010. His article, “Developing Negotiation Case Studies,” began as a memo to a novice case writer about how to write … Read More 

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How to Overcome Barriers and Save Your Negotiated Agreement at the Bargaining Table

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On November 20 of last year, Hostess Brands announced that it had failed to reach agreement with its second-biggest union and, as a result, was permanently shutting down its operations. The news was met with dismay by baby boomers and others who had grown up with the 80-year-old company’s shelf-stable confections. But consumers had been passing … Read More 

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Negotiation Research on Organizational Approaches to Negotiating Systems

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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 

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What is Conflict Resolution, and How Does It Work?

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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 

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After the West Coast Ports Conflict, Damage Remains

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after the west coast ports conflict damage remains

No one wants to engage in crisis negotiations. When parties need to hurriedly work out a solution to a shared problem, time is short, tempers are frayed, and the disaster is looming. Feeling they’ve exhausted good-faith bargaining, parties in crisis negotiations may believe they face an impossible choice between caving in to the other side’s … Read More 

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Announcing the 2015 Winners of the PON Paper Prizes

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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 

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Announcing the 2015 PON Summer Fellows

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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 scholarship … Read More 

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New Findings in the Field of Negotiation: Session Two

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The Program on Negotiation at Harvard Law School is pleased to present: New Findings in the Field of Negotiation: Research from the PON Graduate Research Fellows with

Arvid Bell PhD Candidate in political science at Goethe University Frankfurt and

Dana Wolf PhD candidate in public international law at American University Washington College of Law and

Todd Schenk PhD candidate in environmental policy and planning at Massachusetts Institute of Technology   Tuesday, … Read More 

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New Findings in the Field of Negotiation: Session One

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The Program on Negotiation at Harvard Law School is pleased to present: New Findings in the Field of Negotiation: Research from the PON Graduate Research Fellows with

Vera Mironova PhD candidate in political science at the University of Maryland and

Abbie Wazlawek PhD candidate in management at Columbia Business School and

Boshko Stankovski PhD candidate in politics and international studies at University of Cambridge   Tuesday, April 21 12:00 – 1:30 … Read More 

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Analyzing the Name Dispute between the Republic of Macedonia and Greece: Twenty Years after the Interim Agreement

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The Program on Negotiation at Harvard Law School is proud to present Analyzing the Name Dispute between the Republic of Macedonia and Greece: Twenty Years after the Interim Agreement  with

Mr. Matthew Nimetz Personal Envoy of the Secretary-General of the United Nations and

Dr. Daniel Serwer Senior Research Professor of Conflict Management Johns Hopkins School of Advanced International Studies and

Mr. Boshko Stankovski

Graduate Research Fellow, Program … Read More 

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

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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 

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“Making Conflict Work”: A Book Talk with Dr. Peter Coleman

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The Program on Negotiation at Harvard Law School is pleased to present: Making Conflict Work: Harnessing the Power of Disagreement with Dr. Peter Coleman  

Thursday, April 9 12:00 – 1:15 PM Hauser 102 Harvard Law School Campus Free and open to the public.   About the book: Work conflict is risky. It can go bad and poison employee health, work relationships and organizational climates, or … Read More 

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How Does Mediation Work?

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How does mediation work in practice? As compared with other forms of dispute resolution, mediation can have an informal, improvisational feel. Mediation can include some or all of the following six steps, writes Kimberlee K. Kovach in The Handbook of Dispute Resolution (Jossey-Bass, 2005): 1. Planning. Before mediation begins, the mediator helps the parties decide where … Read More 

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Reflections of a Mediator: Preventive Diplomacy in an Age of Conflict

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Black and white image of Dr. Johnston Barkat

The Program on Negotiation at Harvard Law School is pleased to present: Reflections of a Mediator: Preventive Diplomacy in an Age of Conflict with

Dr. Johnston Barkat Assistant Secretary-General United Nations Ombudsman and Mediation Services  

Tuesday, April 7, 2015 12:15 – 1:30PM Pound Hall 100 Harvard Law School campus Free and open to the public.  A non-pizza lunch will be provided.   About the Speaker: Dr. Johnston Barkat is the Assistant Secretary-General heading … Read More 

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Can Mediation Settle the James Brown Dispute?

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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 

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Conflict Resolution: Just what the doctor ordered? Bringing Judges Into Medical-Malpractice Negotiations

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Medical-malpractice litigation can be a lengthy, expensive, and contentious process. Lawyers on both sides might spend months or years conducting discovery and deposing witnesses. As for settlement negotiations, they tend to occur late in the process and are often treated as a perfunctory step before a trial. … Read More 

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Detroit Moves Forward, Thanks to Mediation

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About 15 months after becoming the largest U.S. city to file for bankruptcy, Detroit is on track to begin rebuilding and growing stronger. On November 7, a federal judge approved a plan aimed at ridding the city of its $7 billion in debt and investing about $1.7 billion in city services, the New York Times … Read More 

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Dealmaking: Help Your Agreement Go the Distance

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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 

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In Business Negotiations, Restraint Can Be Key—Even in High Fashion

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When employees leave an unsatisfying job, the feeling of relief they feel sometimes motivates them to explain their decision to whomever will listen. But that tendency can backfire and necessitate tense business negotiations, as a recent story from the world of high fashion illustrates. In November 2012, designer Nicolas Ghesquière startled the fashion world with … Read More 

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Lawyers in Mediation and the Mediation Process

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How does the presence of lawyers affect the process of mediation? You might guess that when one or both sides bring an attorney to a mediation, the process would become more contentious and adversarial, with impasse more likely, than if the parties worked solely with a mediator. That conventional wisdom is contradicted by new research … Read More 

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In Dispute Resolution, A Tale of Two Arthurs

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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 

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At the Office, Conflict Management is Key

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In the workplace, misunderstandings, power struggles, and stress can cause conflict to fester and take a toll on productivity. The best organizations put in place conflict management processes and systems to confront conflict directly. Unfortunately, too many organizations fail to do so—and suffer the consequences of sweeping conflict under the rug. Take the case of Paradigm … Read More 

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The Paradox of Positions

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It’s not difficult for negotiators haggling over seemingly finite resources to become entrenched in their positions. Sometimes the only way to get unstuck is to think appreciatively and creatively about the other side. Rather than trying to determine why a person has taken a particular position, consider what she wants, appreciate it, and try to … Read More 

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Negotiating with a Mediator’s Assistance: A Case Study

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A few years ago, Stephen B. Goldberg was asked to serve as a facilitator for and adviser to a corporate team from a telecommunications firm that was preparing to negotiate with five other telecom companies on the division of radio spectrum for cellular telephone relay satellites. … Read More 

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2014 Winner of the Raiffa Doctoral Student Paper Award

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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 

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In Mediation, Set Conditions with Care

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On April 9, Israel said it was “deeply disappointed” by remarks by Secretary of State John Kerry that seemed to primarily blame Israel for the current breakdown in U.S.-mediated Middle East peace talks, as reported in the New York Times. Last July, the United States brought Israel and the Palestinians back together for a series of … Read More 

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Boston’s St. Patrick’s Day Parade Offers an Opportunity for Dialogue

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Writing for WBUR’s Cognoscenti with Shane Hunt, a student in the Harvard Law Negotiation Mediation Clinical Program, Program on Negotiation faculty member Robert Bordone describes the debate around the petition of LGBTQ groups to be included in Boston’s annual St. Patrick’s Day Parade as a unique chance for dialogue among groups to address their concerns … Read More 

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Umbrella Agreements, Consensus Building in the Arctic, and Negotiation in Social Enterprises: New Research from PON Fellows and Scholars

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Every year the Program on Negotiation sponsors fellows and visiting scholars while they research and write about topics important to the fields of negotiation and mediation. This lunch provides an opportunity for this year’s two Graduate Research Fellows, Alexandros Sarris and Sarah Woodside, and Visiting Scholar Stefanos Mouzas to share their findings with the negotiation … Read More 

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Critical Decisions in Negotiation: A Faculty Book Talk with Professor Robert Bordone

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The Program on Negotiation invites the public to the upcoming Harvard Law School Library  event in honor of Professor Robert Bordone’s recently published DVD set. Critical Decisions in Negotiation with Professor Robert Bordone a faculty book talk followed by a panel discussion with Professor Michael Wheeler and Lecturer at Law Chad Carr

Tuesday, February 18, 2013 12:00 p.m.

Location:  Lewis … Read More 

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Three Things to Consider When Choosing a Mediator

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When choosing a mediator, keep in mind that you need not accept the proposals that he makes. In other words, you have total power to prevent mediation from leading to an undesirable outcome. As a result, the only risk of mediation is that you will expend time and money without reaching agreement. According to experts, mediation success … Read More 

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The Program on Negotiation’s MIT-Harvard Public Disputes Program Releases “Collaborative Approaches to Environmental Decision-Making” Case Studies

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The MIT-Harvard Public Disputes Program, one of the Program on Negotiation at Harvard Law School’s many research programs, acts as a center for research committed to thinking about and resolving disputes in the public sector. Led by its Director and Program on Negotiation executive committee member Lawrence Susskind, the MIT-Harvard Public Disputes Program conducts research … Read More 

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Program on Negotiation Faculty On How To End the US Government Shutdown

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The Washington Post’s “On Leadership” column by Jenna McGregor asked renowned negotiation experts on how the government shutdown in Washington, DC could be ended at the bargaining table. Among the experts interviewed were Robert Mnookin, Chair of the Program on Negotiation at Harvard Law School (PON) and author of Bargaining With The Devil: When To Negotiate, … Read More 

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PON Faculty Member Robert Bordone Writes “What Obama Should Say About Syria” for NPR’s Cognoscenti

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Program on Negotiation faculty member and Director of the Harvard Negotiation and Mediation Clinical Program at Harvard Law School, Robert Bordone, and HNMCP clinical instructor Alonzo Emery recently published an article for NPR’s Cognoscenti titled “What Obama Should Say About Syria,” in which he discusses the opportunity the crisis in Syria presents for US President … Read More 

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

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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 

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What to Do Before the Deal Breaks Down

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Whenever one side fails to meet its contractual obligations, renegotiation is more likely to succeed if the parties have a strong relationship. Ideally, the aggrieved party will value long-term relations more than potential gains from a claim for breach of contract. For example, a bank will be more willing to renegotiate a loan with a … Read More 

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Nantucket’s Never-Ending Negotiations: Harvard Negotiation and Mediation Clinical Program (HNMCP) Students Shape How Town and Unions Work Together

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Preparation. Practice. Persistence. Those qualities make for a good firefighter, and as Nantucket Firefighter Nate Barber learned from working with Harvard Negotiation and Mediation Clinical Program (HNMCP) students, they also make for a good negotiator. As a member of Nantucket’s Local 2509 of the International Association of Firefighters and a former undergraduate negotiation student at Boston … Read More 

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Negotiation Design Dimensions: A Checklist

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Here the Program on Negotiation offers a checklist of negotiation design categories. Whether your overall negotiation design is decide-announce-defend (DAD) or full-consensus (FC), or a hybrid of both, raising these issues is usually preferable to falling into a set of important decisions by default. … Read More 

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2013 Winner of the Raiffa Doctoral Student Paper Award

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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 

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Negotiate, Don’t Litigate

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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 

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Taking Alternative Dispute Resolution (ADR) Too Far

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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 

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

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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 

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Mediation, Arbitration, and the Promise of Privacy

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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 

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Roger D. Fisher, 1922-2012

Choosing to Help

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It is the spring of 1997 and I am sitting in Pound 107 while Roger Fisher ’48, Williston Professor of Law, Emeritus, is telling a story about his serving as a weather reconnaissance pilot in World War II. As a teaching assistant for the Negotiation Workshop, I have heard the story at least a dozen … Read More 

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A Common Ground Approach to Societal Conflict Resolution

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The Program on Negotiation is pleased to present:

A Common Ground Approach to Societal Conflict Resolution with

John Marks President and Founder of Search for Common Ground and

Susan Collin Marks Senior Vice President of Search for Common Ground Monday, October 15th, 2012 12 p.m. – 1 p.m. Wasserstein 2004 Harvard Law School Campus Please bring your own lunch; soft drinks and cookies will be served About … Read More 

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Resolving Conflicts on the High Seas

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In negotiation over a limited pool of resources, conflicts often spring up over what constitutes a fair agreement. If two business partners are going their separate ways, they might have different ideas about how their shared assets should be divided, for example. Currently, such a dispute is playing out between China and four of its … Read More 

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Do You Need a Broker?

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According to conventional wisdom, you should always hire a real estate agent when you’re trying to buy a house. The broker’s market expertise will help you decide what moves to make and what price to pay. Because the seller usually has his own broker, the motto “fight fire with fire” applies as well. Perhaps most … Read More 

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Taking ADR Too Far

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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 

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Rapport Comes First

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How is it that mediators – who themselves lack any power to impose a solution – nevertheless often lead bitter disputants to agreement? Substantive expertise helps, as does keen analytic skill. According to a recent survey by Northwestern University law professor Stephen Goldberg, veteran mediators believe that establishing rapport is more important than employing specific techniques … Read More 

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

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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 

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The Five Percent: Finding Solutions to Seemingly Impossible Conflicts

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“The Five Percent: Finding Solutions to Seemingly Impossible Conflicts” with Dr. Peter T. Coleman Director of the International Center for Cooperation and Conflict Resolution and Professor of Psychology and Education at Columbia University   When: Wednesday, April 11, 2012

Time: 12 – 1 p.m.

Where: Wasserstein Hall, Room B10, Harvard Law School Campus Please bring your lunch. Drinks and desserts provided. One … Read More 

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Moving Forward in Mediation Together

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The teacher’s federation has qualms with the current education bill’s stipulations regarding the scheduling and terms for mediation between the federation and provincial government. The government is open to further negotiations, but refuses to offer more money. Susan Lambert, president of the British Columbia Teacher’s Federation, asserts that the government is acting in bad faith, … Read More 

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Planting the Seeds of Peace

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Tucked away in an idyllic corner of Maine is a summer camp that features many traditional American activities: singing around bonfires, flag raising ceremonies, Color Wars, and chilly dips in the lake. Less ordinary, however, are the daily dialogue sessions, where Israeli and Palestinian campers heatedly discuss their identities, homelands, politics, and pain. Meet Seeds of … Read More 

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Opening Multiple Doors for Dispute Resolution

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The Harvard Law School website featured a story about the Ministry of Justice in Chile hosting Harvard Law School Mediation and Clinical Program students Leah Kang (HLS ’12), Teresa Napoli (HLS ’13), and Apoorva Patel (HLS ’13), as well as HNMCP Clinical Instructor and Lecturer on Law Jeremy McClane (HLS ’02) so that the students … Read More 

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The Secret Talks That Led to the Fall of Apartheid

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“The Secret Talks That Led to the Fall of Apartheid”

with Michael Young

Date: Tuesday, March 6, 2012 Time: 7:30 – 9 PM

Where: Langdell North, Harvard Law School

Event is free and open to the public; Refreshments will be served Co-sponsored by: Harvard Negotiation & Mediation Clinical Program, Program on Negotiation, Harvard Mediation Program, Harvard Negotiation Law Review, and Harvard … Read More 

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Beyond diplomacy: Embedding peace and conflict transformation processes in Nepal and Lebanon

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“Beyond diplomacy:  Embedding peace and conflict transformation processes in Nepal and Lebanon”

 with Jeff Seul Chairman, Peace Appeal Foundation and

Martin Wahlisch International Lawyer and Researcher, Common Space Initiative (Beirut)    Date: November 8, 2011 Time: 4:00-6:00 PM Where: Weatherhead Center for International Affairs 1737 Cambridge Street, Room K-354, Cambridge MA Contact Chair: Donna Hicks (dhicks@wcfia.harvard.edu). Speaker Bios Jeff Seul, Chairman of the Peace Appeal Foundation, is a partner in … Read More 

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Avoid judicial bias with negotiation

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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 

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Shuttle diplomacy examined in July issue of Negotiation Journal

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In the July 2011 issue of Negotiation Journal, mediator David Hoffman takes a thoughtful look at the role of caucusing in mediation in an article entitled “Mediation and the Art of Shuttle Diplomacy.” The practice of meeting separately with each disputant, while widespread, is not without controversy. Critics have argued that these private sessions give … Read More 

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Negotiation tactics in the spotlight as debt ceiling debate continues

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The lack of progress on the debt ceiling negotiations has raised serious concerns that an agreement will not be reached before the August 2nd deadline.  How have the negotiations gotten so derailed? In a recent interview on Radio Boston, Professor Robert Bordone, director of the Harvard Negotiation and Mediation Clinical Program, suggested that one of the … Read More 

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Bringing Mediators to the Bargaining Table

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Adapted from “Mediation in Transactional Negotiation,” first published in the Negotiation newsletter, July 2004. We generally think of mediation as a dispute-resolution device. Federal mediators intervene when collective bargaining bogs down. Diplomats are sometimes called in to mediate conflicts between nations. So-called multidoor courthouses encourage litigants to mediate before incurring the costs—and risks—of going to trial. Scott … Read More 

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

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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 

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Why Classic Cases?

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Why are some negotiation exercises still used in a great many university classes even twenty years after they were written? In an effort to understand more about the enduring quality of some classic teaching materials, we asked faculty affiliated with PON to explain why they think some role play simulations remain bestsellers in the Clearinghouse … Read More 

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Shapiro named 2011 Burke Global Health Fellow

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Professor Daniel Shapiro, Associate Director of the Harvard Mediation Project, has been selected as one of four 2011 Burke Global Health Fellows by the Harvard Global Health Institute. During his fellowship, Professor Shapiro will develop materials for a new Harvard course designed to train leaders on how to mediate conflicts with a strong emotional or … Read More 

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Put Apologies in Your Toolbox

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Adapted from “Regain Your Counterpart’s Trust with an Apology,” first published in the Negotiation newsletter. The problem: Whether you meant to or not, you’ve hurt or offended your negotiating counterpart through your words or actions. Perhaps you’ve shown up late for an appointment one time too many, neglected to follow through on a key contract term, … Read More 

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Professor Subramanian and Professor Bordone featured on Law School Homepage

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PON Executive Committee member, Professor Guhan Subramanian and Harvard Negotiation Mediation Clinical Program director, Professor Robert Bordone recently coached Harvard Law School and Harvard Business School students in a day long negotiation exercise. Information about the exercise is featured on the HLS homepage. Click here to read more. … Read More 

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Nuclear Negotiations with Russia

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The PON Brown Bag Lunch Series Presents:

Nuclear Negotiations with Russia

with Assistant Secretary of State & Chief Negotiator of the New START Treaty Rose Gottemoeller

Facilitated by: HLS Professor Robert Bordone, Director, Harvard Negotiation and Mediation Clinical Program   Date: February 25, 2011 Time: 12:00PM to 1:30PM Where: Hauser Hall, Room 105, Harvard Law School Campus Join the Program on Negotiation … Read More 

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How to Turn a Maybe Into a Yes

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Adapted from “Closing the Deal,” by Michael Wheeler (professor, Harvard Business School), first published in the Negotiation newsletter. You’ve followed the negotiation guidebooks to a T, uncovered the parties’ key interests, brainstormed creative solutions, and even developed good rapport with your counterpart. You’ve done everything right…but you still don’t have agreement. How do you turn the other … Read More 

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

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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 

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Canceled: The Difference Difference Makes in Mediation

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This event has been canceled due to inclement weather. The Women and Public Policy Program and the Center for Public Leadership in coordination with IGA 308M: Inclusive Security present: “The Difference Difference Makes in Mediation”

Date: January 12, 2011

Time: 6:00PM

Location: JFK Jr. Forum Littauer Building, 1st Floor John F. Kennedy School of Government Harvard University 79 JFK Street Cambridge, MA 02138 This event is free and … Read More 

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Harvard Law School Hosts 2010 American Bar Association Regional Negotiation Competition

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Sixteen teams from nine different law schools from throughout the Northeast took part in the ABA Regional Negotiation Competition at HLS on November 13–14, 2010. Approximately 35 judges, all practicing lawyers in the Boston area, evaluated the teams and chose the winners. A team comprised of two first-year law students from Boston College Law School … Read More 

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Dealing With Constituents

Posted by & filed under Business Negotiations.

Adapted from “Dealing with Backstage Negotiators,” first published in the Negotiation newsletter. Negotiated agreements sometimes go off the rails in the final hour because one side caves in to a constituent’s wishes despite having the authority to make a commitment. Because people tend to approach negotiations with an “us versus them” mentality, they may succumb to … Read More 

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Robert Bordone and HNMCP featured in the HLS Bulletin

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“Uncommon Loss: Common Bond,” published in the Harvard Law School Bulletin discusses Project Common Bond, which was started by two former Harvard Negotiation and Mediation Clinical Program students working with Professor Robert Bordone and clinic associate, Toby Berkman. “For teens… from around the globe with family members killed or seriously injured in acts of violence, … Read More 

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Negotiation Advice for the 112th Congress

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Professor Robert Bordone, director of the Harvard Negotiation and Mediation Clinical Program and Tobias Berkman, Associate of HNMCP, published an article in the Harvard Negotiation Law Review titled Negotiation Advice for the 112th Congress. To read the full article, click here. “There will be many post-mortems in the wake of the historic changes brought about … Read More 

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The Big Question

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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 

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Winning in the New Century Means…

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Co-authored by Pierre Pettigrew, Mark Freeman, Robert C. Bordone, Reza Nasri, Balaji Chandramohan In the 21st century, the power to persuade will be a more practical and useful tool for settling disputes than flexing either military or economic muscle. In this posting, Robert C. Bordone, Thaddeus R. Beal Clinical Professor of Law and Director of the Harvard … Read More 

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Harvard Negotiation and Mediation Clinical Program Featured on HLS Website

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“In the polarized atmosphere of Washington, D.C. today, consensus is becoming an increasingly rare commodity, as this year’s debates over health care reform and financial regulation have made clear.  To help curb that trend, twenty senior federal officials – both Republicans and Democrats – met in Washington in July to hone … Read More 

Daily

Are You Overlooking Mediation?

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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 More 

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When peace breaks out

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Adapted from “Framing a Negotiation to Foster Cooperation,” first published in the Negotiation newsletter. Sometimes in negotiation, against all apparent odds, peace breaks out. Union leaders and management reach a last-minute agreement that averts a work stoppage. Litigants settle their differences as they mount the courthouse steps. Everyone breathes a sigh of relief and moves on. But … Read More 

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2010 Winner of the Raiffa Doctoral Student Paper Award

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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 

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Announcing the 2010 PON Summer Fellows

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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 

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New Teaching Notes for Three Values-Based Mediation Simulations

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NP@PON has developed several new Teaching Notes to accompany the three values-based and identity-based simulations described in the last NP@PON Newsletter.  The simulations are available along with an overview Teaching Note, individual teaching notes for each game, and an Annotated Bibliography. The overview Note offers extensive guidance on how to organize discussions about value-based disputes … Read More 

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

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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 

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Making and Using Films to Teach Negotiation

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Access to multimedia content is rapidly increasing throughout the world, with videos and short clips permeating our daily life – whether in gas stations, on ATMs, cell phones, or mobile entertainment devices.   We are consuming, producing, and interacting with videos more now than ever before: YouTube is the third-most visited website on the Internet, the … Read More 

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Winners of Harvard Law School’s 57th annual Williston Competition Announced

Posted by & filed under Uncategorized.

Winners of Harvard Law School’s 57th annual Williston Competition, Harvard’s annual contract negotiation and drafting competition for first-year law students, were announced on Monday, April 5. This year’s winners were: Best Contract Overall: Russell Herman, David Roth, Kristi Jobson and Aaron Dalnoot Best Representation of Save Our Square: Fentress Jamal Fulton and Betny Townsend Best Representation of McMillin’s: Adam … Read More 

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

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“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 

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How to Avoid a Do-Over

Posted by & filed under Business Negotiations.

Remember that big sales contract you negotiated last fall, the one that got you a fat year-end bonus? Well, your manufacturing department has just told you that delivery will be two months late. So now it’s your job to persuade your customer to accept a new date without canceling the deal. And that’s not all. … Read More 

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Negotiate! Radio

Posted by & filed under Uncategorized.

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 

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A more cooperative divorce

Posted by & filed under Uncategorized.

Adapted from “Negotiating a More Civil Divorce,” first published in the Negotiation newsletter. In the United States, lawyers who recognize the benefits of collaborative negotiation are sometimes stymied by vengeful clients and ruthless opposing counsel.  Many attorneys put up with a contentious settlement process in which litigation is a threat. Yet some U.S. lawyers have begun … Read More 

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

Posted by & filed under Uncategorized.

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 

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Mediating disputes on the job

Posted by & filed under Uncategorized.

Adapted from “Resolve Employee Conflicts with Mediation Techniques,” first published in the Negotiation newsletter.

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 … Read More 

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Choosing a mediator

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Adapted from “Beyond Blame: Choosing a Mediator,” by Stephen B. Goldberg (professor, Northwestern University), first published in the Negotiation newsletter.

When a negotiation escalates into a dispute, most managers understand the value of seeking out a mediator for professional assistance with the matter. The question of whom to hire, however, is less clear-cut. What type of … Read More 

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New Live-Mediation Teaching Video Available for Purchase

Posted by & filed under Uncategorized.

In preparation for last May’s Mediation Pedagogy Conference at Harvard Law School, NP@PON produced a video of an actual landlord-tenant small claims mediation – from start to finish, including side-bar conversations. It is rare that actual (as opposed to staged or acted) mediations are available for instructional purposes. The mediator in this case is Charles … Read More 

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Insights from a Communication and Negotiation Conference: The Benefits of Not Knowing

Posted by & filed under Uncategorized.

An Experiment: Exploring Interdisciplinary Linkages between Negotiation and Communication Studies What would negotiation pedagogy look like if we focused more on the core meanings and practices of communication? How can understanding the underpinnings of communication – the components of conversation and the exchange of meaning – help us understand and improve our negotiations? The weekend of … Read More 

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Summary of Mediation Pedagogy Conference Participant Survey Results

Posted by & filed under Uncategorized.

To better understand the teaching needs of the mediation community, Negotiation Pedagogy at the Program on Negotiation (NP@PON) organized a Mediation Pedagogy Conference in May of 2009. In advance of the conference, an 18-question online survey was sent to the 175 conference presenters and registered participants. The 75% response rate allowed us to illuminate important … Read More 

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Boston Globe Highlights Kenneth Feinberg’s Visit to Prof. Robert Bordone’s Dispute System Design Course

Posted by & filed under Business Negotiations.

On Tuesday, December 8, 2009, the Front Page of the Boston Globe featured an article on Kenneth Feinberg, President Obama’s “Pay Czar.” Feinberg was a guest lecturer at Professor Robert Bordone’s Dispute Systems Design Course. To read the Boston Globe article online, click here. For more information about the Dispute Systems Design Course and Prof. Bordone’s clinical … Read More 

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Deception in Negotiation

Posted by & filed under Uncategorized.

Adapted from “Smart Alternatives to Lying in Negotiation,” by Deepak Malhotra (associate professor, Harvard Business School), first published in the Negotiation newsletter. Daniel, a senior manager at a large consumer products firm, has been asked by a company vice president to submit a detailed budget request for his department. Daniel has an incentive to overstate anticipated … Read More 

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Boston Globe highlights mediation trainings for Iraqis

Posted by & filed under Uncategorized.

“The Program on Negotiation at Harvard Law School is a renowned source of expertise in the field,” reported the Boston Globe today in its story, “Iraq latest crucible for Harvard mediation.” Reporting on the work done by conflict resolution professionals at Conflict Management Group in Cambridge, Massachusetts, the report notes that “The blood not spilled … Read More 

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Harvard Negotiation Law Review Launches New Website

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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 

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Obama as mediator?

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Recently, a local incident grew into a national dispute that seemed ripe for mediation. After being locked out of his home and forcing his way in, Henry Louis Gates, an African-American Harvard University professor, had a confrontation with Cambridge, Massachusetts police sergeant James Crowley and was arrested for disorderly conduct. In a press conference, President … Read More 

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Harvard Law School Spotlight on Harvard Negotiation and Mediation Clinical Program

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Harvard Law School’s News Office recently interviewed Harvard Law School’s Negotiation & Mediation Clinical Program (HNMCP) students and faculty about three of the projects on which they worked during the Spring of 2009. Click here to read the entire interview http://www.law.harvard.edu/news/spotlight/clinical-practice/clinic.html Harvard Law School’s Negotiation & Mediation Clinical … Read More 

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Mnookin Calls for Mediation

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In an interview with the Boston Globe, Professor Robert H. Mnookin, Chair of the Program on Negotiation at Harvard Law School, responds to the national debate on the arrest of Harvard Professor Henry Lewis Gates, Jr.. Mnookin calls for mediation to resolve the conflict between Prof. Gates and the arresting officer. Click here to read … Read More 

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Negotiation Journal July issue focuses on mediation, multi-party negotiation, trade negotiations and curiosity

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As the use of mediation continues to grow, researchers continue to examine what makes mediators effective and what the impact of mediation is on parties in dispute. Four articles in the July 2009 issue of Negotiation Journal provide an in-depth view of mediation effectiveness, with some interesting findings. In the first article, Stephen Goldberg, Margaret Shaw, … Read More 

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

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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 

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Harvard Negotiation Institute Begins!

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On the morning of June 8, 2009, hundreds of participants from around the world began their week-long intensive Basic Negotiation Workshop and Mediation Workshop.  Participants will engage with instructors Bruce Patton and Frank Sander for five days of interactive study.  There are still seats available in our 2-Day Intensive  Basic Negotiation course, which begins Thursday, … Read More 

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Teachers and Trainers Gather to Talk About Mediation Pedagogy

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By Larry Susskind Nearly two hundred educators and trainers from eighteen countries gathered on May 15th and 16th to share ideas about teaching mediation.  It was unusual for mediation teachers and trainers from fields as diverse as law, family services, public management, business, international relations, urban planning, community development, psychotherapy, and education to share ideas on … Read More 

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Robert Bordone Appointed Clinical Professor of Law at Harvard Law School

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Robert Bordone, founding Director of the HLS Negotiation and Mediation Clinical Program and the Thaddeus R. Beal Assistant Clinical Professor of Law, was promoted Thursday to full Clinical Professor of Law by unanimous vote of the HLS faculty, Acting Dean Howell Jackson has announced. Bordone will be teaching two workshops at the Harvard Negotiation Institute this … Read More 

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Mediation Pedagogy Conference

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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 

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Winners of Harvard Law School’s 56th Annual Williston Competition

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The winners of Harvard Law School’s 56th annual Williston competition were announced on Tuesday, April 28. The competition, sponsored by the Board of Student Advisers and organized and run by Harvard Negotiators, offers first-year students the opportunity to practice negotiation and contract drafting. Teams of two students participate in the competition which focuses primarily on … Read More 

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Rare video of a small-claims mediation

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Negotiation Pedagogy at the Program on Negotiation (NP@PON) produced a video of an actual landlord-tenant small claims mediation – from start to finish, including side-bar conversations – for its 2009 Mediation Pedagogy Conference. It is rare that an actual (as opposed to staged or acted) mediation is available for instructional purposes. Of the many different … Read More 

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Conflict within Companies

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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