Discover step-by-step techniques for avoiding common business negotiation pitfalls when you download a copy of the FREE special report, Business Negotiation Strategies: How to Negotiate Better Business Deals, from the Program on Negotiation at Harvard Law School.


Mediation

What is Mediation?

Worldwide, mediation has become a common means of resolving conflict, ranging from divorce to workplace disputes to broken contracts.

When negotiators can’t come to an agreement but want to avoid an expensive, time-consuming, and potentially rancorous lawsuit, mediation is often their most logical choice. Mediation can help resolve a wide range of disputes. A divorcing couple that can’t reach agreement on child custody might try mediation. So might siblings who disagree about issues related to an inheritance, or companies that are fighting over a failed venture. Sometimes courts require litigants to engage in court-sponsored mediation with the goal of heading off a trial.

In mediation, a trained mediator assists disputants in working together to craft a resolution that each side values. Mediators encourage parties to share information about their positions and explore innovative means of coming together.

Using mediation skills as a leader rather than imposing a decision, a trained mediator applies communication skills, objectivity, and creativity to help disputants reach their own voluntary solution to the conflict. Indeed, one of the tenets of mediation practice is to work subtly so that parties leave feeling as if they have reached accord largely on their own, a strategy that is meant to deepen their commitment to honor the agreement.

In short, mediation is 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.

Find out more about mediation by downloading our complimentary special report, Mediation Secrets for Better Business Negotiations: Top Techniques from Mediation Training Experts. Discover how to choose the right mediator, understand the mediation process, and learn how to engage a mediator to ensure a good outcome.

The following items are tagged Mediation:

NEW! Harvard Mediation Intensive

Posted by & filed under Harvard Mediation Intensive.

Led by mediation experts Audrey Lee and Alain Lempereur, the Harvard Mediation Intensive delves into mediation principles and processes through interactive presentations and hands-on exercises. From employment and business disagreements to public and international conflicts, you will discover effective ways to enable parties to settle their differences across a variety of contexts. … Read NEW! Harvard Mediation Intensive

Semester Mediation and Conflict Management – Spring 2025

Posted by & filed under Semester Mediation and Conflict Management.

SEMESTER MEDIATION AND CONFLICT MANAGEMENT – ONLINE

Course Dates: Mondays, beginning January 27, 2025 and ending on April 7, 2025 from 6 to 8 p.m. ET (Note: There will be no class the week of February 17, 2025) Faculty: David Seibel and Stevenson Carlebach Register Now – Spring 2025!

After years working on Wall Street and on the launch team … Read More

Make the Most of Online Negotiations

Posted by & filed under Free Report.

We said goodbye to breakfast meetings, client lunches, and after-work happy hours. Goodbye to handshakes, fist bumps, and pats on the back. Goodbye to the boots-on-the-ground sales game as we knew it, and hello to Zoom calls and text messaging. To make matters even more difficult, the economy started to trend downwards—and so did the … Read Make the Most of Online Negotiations

Download Your Next Mediation Video

Posted by & filed under Teaching Negotiation.

Use Video Examples to Teach Your Students to Become Better Mediators Parties engaged in disputes are often unable to reconcile their differences alone, or fail to reach outcomes that are adequate for everyone. Mediators can add a great deal of value by helping parties to efficiently and effectively examine the issues at hand, take the interests … Read Download Your Next Mediation Video

Semester Mediation and Conflict Management – Fall 2024

Posted by & filed under Semester Mediation and Conflict Management.

SEMESTER MEDIATION AND CONFLICT MANAGEMENT – ONLINE

Course Dates: Mondays, beginning September 16, 2024 and ending on November 25, 2024 from 6 to 8 p.m. ET (Note: There will be no class the week of October 14, 2024) Faculty: David Seibel and Dan Green Register Now – Fall 2024!

After years working on Wall Street and on the launch team … Read More

Harvard Negotiation Master Class: Advanced Strategies for Experienced Negotiators – May 13–⁠15, 2024

Posted by & filed under Harvard Negotiation Master Class.

Strictly limited to 60 participants who have completed a prior course in negotiation, this first-of-its-kind program offers unprecedented access to experts from Harvard Law School, Harvard Business School, and the Harvard Kennedy School—all of whom are committed to delivering a transformational learning experience. … Read More

What Is an Umbrella Agreement?

Posted by & filed under Dispute Resolution.

Business negotiators tend to want the best of both worlds. When reaching an agreement, they want to pin down parties’ respective rights and responsibilities, but they also want to retain the flexibility they need to deal with ever-changing business conditions. One solution to this apparent dilemma is to craft an umbrella agreement. … Read What Is an Umbrella Agreement?

Harvard Mediation Intensive

Posted by & filed under Harvard Mediation Intensive.

Led by mediation experts Audrey Lee and Alain Lempereur, the Harvard Mediation Intensive delves into mediation principles and processes through interactive presentations and hands-on exercises. From employment and business disagreements to public and international conflicts, you will discover effective ways to enable parties to settle their differences across a variety of contexts. … Read Harvard Mediation Intensive

Mediation Secrets for Better Business Negotiations: Top Mediator Techniques

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 … Read More

Conflict Management: Intervening in Workplace Conflict

Posted by & filed under Conflict Resolution.

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

Types of Mediation: Choose the Type Best Suited to Your Conflict

Posted by & filed under Mediation.

When parties involved in a serious conflict want to avoid a court battle, there are types of mediation can be an effective alternative. In mediation, a trained mediator tries to help the parties find common ground using principles of collaborative, mutual-gains negotiation. We tend to think mediation processes are all alike, but in fact, mediators … Read More

Mediation Training: What Can You Expect?

Posted by & filed under Mediation.

Organizations have long recognized the value of hiring professional mediators to help resolve disputes. More and more, managers have begun to also see value in securing mediation training for themselves and their employees. Although there are times when the services of an unbiased, professional mediator are needed, there may also be instances in which employees … Read Mediation Training: What Can You Expect?

What is Med-Arb?

Posted by & filed under Mediation.

When parties find themselves involved in a serious conflict, they often try to avoid the expense and hassle of litigation by turning to one of the two most common alternative dispute resolution processes: mediation or arbitration. Disputants who are concerned about these drawbacks might want to consider a hybrid mediation-arbitration approach called med-arb. … Read What is Med-Arb?

Teaching Mediation: Exercises to Help Students Acquire Mediation Skills

Posted by & filed under Teaching Negotiation.

Often, disputing parties are unable achieve satisfactory or sustainable outcomes on their own through direct negotiation, and require the assistance of a mediator or facilitator. Mediators can help parties involved in a dispute through examining the issues at hand, uncovering the parties’ underlying interests, and identifying creative solutions. To act as mediator requires a great … Read More

Teach Your Students to Negotiate Climate Change

Posted by & filed under Teaching Negotiation.

How Can Communities Negotiate Climate Change Risks? With ocean temperatures rising and hurricanes growing more frequent and severe, the impacts of climate change are dramatically affecting many communities. The severe flooding brought on by repeated storms has forced the impacted communities to confront a range of public health risks, as well as evaluations of drainage and … Read Teach Your Students to Negotiate Climate Change

Managing Emotions in Negotiation: Teaching Students to Turn Emotions into an Opportunity for Mutual Gain

Posted by & filed under Teaching Negotiation.

How do you move from an emotionally charged moment in a negotiation to a mutually beneficial agreement? In negotiations of all types, whether buying a house or negotiating a company acquisition, emotions naturally manifest. Left unaddressed, emotions can derail a negotiation and make agreement seem impossible. … Read More

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

Business Conflict Management

Posted by & filed under Conflict Resolution.

In the business world, workplace disputes are all too common. Consider these real-life conflict scenarios: a group of employees who, working overtime to make up for staff shortages, complain to their manager that they aren’t getting paid enough for the extra time. A colleague confides about his boss’s verbal abuse. Two employees argue openly about … Read Business Conflict Management

Undecided on Your Dispute Resolution Process? Combine Mediation and Arbitration, Known as Med-Arb

Posted by & filed under Mediation.

The choice: arbitration vs. mediation. You’re not sure which of two common dispute resolution processes, mediation or arbitration, to use to resolve your conflict. Mediation is appealing because it would allow you to reach a collaborative settlement, but you’re worried it could end in impasse. You know that arbitration would wrap up your dispute resolution … Read More

Strategies to Resolve Conflict: Learning from Star Wars

Posted by & filed under Conflict Resolution.

When we think of conflict-management experts, we tend to think of mediators, lawyers, professors, and hostage negotiators. But what about Jedis, Wookiees, droids, and Sith? After all, “conflict is everywhere in Star Wars,” as Noam Ebner and Jen Reynolds write in the introduction to Star Wars and Conflict Resolution: There Are Alternatives to Fighting. From … Read More

What is Conflict Resolution, and How Does It Work?

Posted by & filed under Conflict Resolution.

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

Teach Your Students to Take Their Mediation Skills to the Next Level

Posted by & filed under Teaching Negotiation.

Mediation is a critical conflict resolution skill for students in a variety of fields: business, international relations, law, and public policy, to name a few. Once students have mastered mediation basics, they can hone their skills by trying to mediate more complex conflicts as well as by learning the key differences between facilitation and mediation. … Read More

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

What is Crisis Management in Negotiation?

Posted by & filed under Crisis Negotiations.

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. … Read What is Crisis Management in Negotiation?

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

Posted by & filed under Mediation.

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

Lessons for Business Negotiators: Negotiation Techniques from International Diplomacy

Posted by & filed under Dealmaking.

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

How to Negotiate a Business Deal

Posted by & filed under Business Negotiations.

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 How to Negotiate a Business Deal

Dispute Resolution Example: The Chicago Symphony’s Contract Dispute

Posted by & filed under Salary Negotiations.

A 2019 contract dispute between the Chicago Symphony Orchestra (CSO) and its musicians led to a disruptive seven-week strike, the longest in the venerable orchestra’s 128-year history. The unlikely intervention of Chicago’s mayor just before he left office managed to draw this thorny dispute resolution example to a mutually satisfactory finale while also highlighting the … Read More

Alternative Dispute Resolution (ADR) Training: Mediation Curriculum

Posted by & filed under Mediation.

In 2009, we collected many types of curriculum materials from teachers and trainers who attended the Mediation Pedagogy Conference. We received general materials about classes on Alternative Dispute Resolution (ADR) as well as highly specific and idiosyncratic units like Conflict Resolution through Literature: Romeo and Juliet and a negotiating training package for female managers … Read More

Planning Your Syllabus for Next Semester? Check Out the Brief Course Outlines from the TNRC

Posted by & filed under Teaching Negotiation.

Planning a new course for next semester or looking to reinvent a current one? Check out our brief course outlines to get started planning your syllabus. The Teaching Negotiation Resource Center (TNRC) now offers brief outlines for eleven different course types which include recommended simulations and books and highlight key teaching points. While all teaching materials … Read More

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

Posted by & filed under Negotiation Skills.

Back in November 2012, Hostess Brands announced that it had failed to reach a negotiated 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

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

Posted by & filed under Mediation.

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

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

Posted by & filed under Daily, Dispute Resolution.

The three most common alternative dispute resolution techniques are mediation, arbitration, and med-arb. However, it can often be difficult to determine which method is best for your particular situation. Here are four possible objectives you may have as a leader in your organization and suggestions for which type of ADR may be most appropriate in that … Read More

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

Posted by & filed under Negotiation Skills, Videos.

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

A Negotiation Impasse Between England and France Leads to Skirmish Over Scallops

Posted by & filed under Dispute Resolution.

When parties are fighting for scarce resources, disputes can become intense. Negotiation is often the answer, but agreements may need to be continually revisited to keep the peace, and a negotiation impasse can result in renewed conflict. That’s the main takeaway from the dispute that erupted in the English Channel between French and British fishermen … Read More

Dealing with Difficult People – Even When You Don’t Want To

Posted by & filed under Dealing with Difficult People.

In your negotiations, have you ever faced a truly difficult negotiator—someone whose behavior seems designed to provoke, thwart, and annoy you beyond all measure? We often have strong incentives to negotiate with those we find obstinate, unpredictable, abrasive, or untrustworthy. When we avoid dealing with difficult people, we risk missing out on important opportunities. But … Read More

Dear Negotiation Coach: Can External Advisers Hinder a Problem Solving Approach?

Posted by & filed under Mediation.

There are numerous advantages to hearing from external advisers and experts in a high-stakes negotiation. However, when talks are at an impasse, limiting the negotiation to a small number of participants may be a more beneficial problem solving approach than including outside opinions. This was at the heart of a recent question answered by Guhan Subramanian, … Read More

Negotiation Research You Can Use: Moving from In-Person to Online Mediation

Posted by & filed under Mediation.

Laptops, smartphones, databases, and project-management software have become common tools of the negotiation trade. Meanwhile, even as online dispute resolution has risen in popularity, online mediation remains elusive, with mediation being a largely technology-free zone, with smartphones often turned off and tucked away. “The field of mediation has proved surprisingly resistant to technological influence, an island … Read More

The Value of Using Scorable Simulations in Negotiation Training

Posted by & filed under Teaching Negotiation.

At a Teaching Negotiation Resource Center (TNRC) faculty pedagogy seminar, 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 … Read More

Digitally Enhanced Simulation Packages – With Live Data Analytics

Posted by & filed under Teaching Negotiation.

In-depth Teaching Materials with Real Time Data Analytics Designed to Enhance Teaching Negotiation  From the Teaching Negotiation Resource Center (TNRC) at PON, and iDecisionGames: digitally enhanced simulation packages designed to take your teaching to the next level. The Enhanced Simulation Package from the TNRC and iDecisionGames brings a new, interactive learning experience to teaching negotiation. This easy … Read More

Plan Your Curriculum for Next Semester

Posted by & filed under Teaching Negotiation.

How do we utilize lessons learned from teaching online when returning to the classroom and planning a curriculum? After more than a year of remote learning, students and teachers alike are eager to return to classrooms in the fall. During the pandemic, however, many instructors made significant investments in online teaching resources, lesson plans, and … Read Plan Your Curriculum for Next Semester

Dear Negotiation Coach: To Get Unstuck, Hire a Mediator

Posted by & filed under Mediation.

Most business people understand the value of using mediation to resolve conflicts, but did you know that professional mediators can help you reach an agreement during the dealmaking phase? Stephen Goldberg, professor emeritus at Northwestern School of Law, describes how you can hire a mediator to aid both parties in creating value at the negotiating … Read More

Mediated Communication Pitfalls

Posted by & filed under Mediation.

Faster, cheaper, and less risky than a court trial, mediated communication can empower parties to try to overcome their differences. But as a mediated communication example involving the National Football League (NFL) and its former players over liability for head injuries illustrates, mediation needs to be conducted carefully, or it can create even greater harm. A … Read Mediated Communication Pitfalls

Methods of Dispute Resolution: Building Trust in Online Mediation

Posted by & filed under Dispute Resolution.

Before the Covid-19 pandemic, mediators and other negotiation practitioners often insisted on meeting in person, convinced that online methods of dispute resolution lack “the human touch”—the warmth, energy, body language, and other subtle factors that build essential ingredients in conflict resolution, including trust, empathy, and rapport. But when lockdowns and social-distancing restrictions took hold in the … Read More

Negotiating Identity and Values-Based Disputes

Posted by & filed under Teaching Negotiation.

How Do Parties in Conflict Negotiate Core Beliefs? Identity and values-based disputes are particularly challenging to resolve, as identities are naturally inflexible and values are typically much less elastic than interest-based issues. In conventional interest-based negotiation, parties often do give up one thing in exchange for getting something they want more. This is often not possible … Read Negotiating Identity and Values-Based Disputes

Teaching Community Dispute Resolution: Exercises to Facilitate Positive Change

Posted by & filed under Teaching Negotiation.

Community dispute resolution provides communities with a forum to address conflict, uncover and resolve the underlying issues, and thereby achieve positive change. Community dispute resolution provides an alternative to the judicial system and facilitates collaborative community relationships. Community dispute resolution processes can include training and educational activities, and may involve a mediator from within the … Read More

Tips for Teaching Simulations Online: Q&A with David Seibel

Posted by & filed under Pedagogy at PON, Teaching Negotiation.

Check out the video from our recent session on teaching simulations online to pick up tips for running negotiation exercises remotely! Apprehensive about using role-play simulations in your remote or online blended course? Pick up tips on how to make simulations run smoothly over video, including how to best manage breakouts, run multiparty simulations, report results, … Read More

Dealing with Difficult Employees

Posted by & filed under Dealing with Difficult People.

When dealing with difficult employees, leaders often feel overwhelmed and frustrated by a task that can seem like a distraction from broader organizational goals. But managing personnel issues, including conflict among employees, is a pivotal leadership task—and one that can be improved with knowledge and practice. The following solutions for dealing with difficult employees will … Read Dealing with Difficult Employees

Negotiation Research on Organizational Approaches to Negotiating Systems

Posted by & filed under Negotiation Skills.

While most negotiation research aims to sharpen individual managers’ skills, there is growing scholarly and professional interest in an organizational approach to negotiation.A systemic perspective evaluates the training, authority, procedures, and resources that manager need to improve their companies’ “return on negotiation,” as consultant Danny Ertel puts it. Looking at negotiations broadly reveals important design … Read More

Negotiating with Millennials – How to Overcome Cultural Differences in Communication

Posted by & filed under Business Negotiations.

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

International Negotiation Role Playing: Understanding the Theory and Practice of Systemic Peacebuilding

Posted by & filed under Conflict Resolution.

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

Mediation: Negotiating a More Satisfactory Divorce

Posted by & filed under Mediation.

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

Teaching with Video-Based Negotiation Scenarios

Posted by & filed under Teaching Negotiation.

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 Teaching with Video-Based Negotiation Scenarios

When Michael Bloomberg and NYC Teachers Both Lost

Posted by & filed under Mediation.

It’s hard to imagine a negotiation example in which negotiating counterparts would choose to sacrifice hundreds of millions of dollars rather than reach agreement. But back in 2013, this is the choice that New York City and its teachers union, the United Federation of Teachers (UFT), made when they declared impasse on a new teacher evaluation … Read When Michael Bloomberg and NYC Teachers Both Lost

Nagorno-Karabakh: Decades Old Conflict Resurfaces Between Armenia and Azerbaijan

Posted by & filed under Teaching Negotiation.

The brutal conflict between Armenia and Azerbaijan over the disputed territory of Nagorno-Karabakh has resurfaced in recent weeks, bringing devastation to many communities in the region. Nagorno-Karabakh, located in the Caucasus Mountains, is internationally recognized to be part of Azerbaijan, but is politically controlled by an Armenian ethnic majority. Armenia and Azerbaijan fought a war over … Read More

Deception in Negotiation

Posted by & filed under Daily, Negotiation Skills.

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 costs: in the case of overruns, it’s nice to have a little cushion built into the budget, rather than having to … Read Deception in Negotiation

Conflict Negotiation Skills for Ending Partnerships Peacefully

Posted by & filed under Conflict Resolution.

The process of dissolving a partnership can be wrenching, whether the split is undertaken by a couple, business partners, or an organization. But as many real-life examples of conflict resolution show, there are proven ways to calm the turmoil that often accompanies partnership dissolutions and set parties up for a hopeful future. Among conflict resolution … Read More

Coping with Difficult Coworkers

Posted by & filed under Dealing with Difficult People.

At one time or another, most of us have found ourselves coping with difficult coworkers. We might experience flare-ups over workload, funding, or personality issues, to name just a few sources of workplace conflict. The experience of coping with difficult coworkers can be extremely stressful. The following conflict negotiation skills can help you address this … Read Coping with Difficult Coworkers

A Mediation Intervention in Chicago

Posted by & filed under Mediation.

A contract dispute in the spring of 2019 between the Chicago Symphony Orchestra (CSO) and its musicians led to a disruptive seven-week strike, the longest in the venerable orchestra’s 128-year history. An unexpected intervention by Chicago’s departing mayor drew the dispute to a harmonious finale—and illustrates the role of the mediation process in conflict resolution. Negotiations … Read A Mediation Intervention in Chicago

Ask A Negotiation Expert: Federal Mediation Comes Out of the Shadows

Posted by & filed under Mediation.

U.S. federal mediators often work on the front lines of high-profile labor-management disputes, yet—aiming for neutrality and confidentiality—tend to keep a low profile themselves. We spoke to Federal Mediation and Conciliation Service (FMCS) principal deputy director Gary Hattal about how the FMCS, which was founded in 1947, strives to meet its mission of promoting effective … Read More

Using Online Dispute Resolution to Resolve Workplace Conflict

Posted by & filed under Mediation.

Many people are working from home these days, but that doesn’t mean disputes between employees have evaporated. In fact, the inability to hash things out in person might exacerbate long-simmering conflicts and leave people feeling even more alienated from one another. The stress we’re all facing from the threat of COVID-19 and disruptions to daily … Read More

Negotiating organizational breakups

Posted by & filed under Dealmaking.

For decades, the United Methodist Church (UMC) has grappled with internal disagreement over its doctrine on LGBTQ rights, which prohibits same-sex marriage and noncelibate gay clergy. Methodists in the United States, who comprise more than half of the church’s 12.5 million members, increasingly have found those positions untenable, particularly after the U.S. Supreme Court legalized … Read Negotiating organizational breakups

Mediation and Conflict Management Seminar: Attend in Person or Online!

Posted by & filed under Teaching Negotiation.

The Mediation and Conflict Management Seminar starts Monday January 27 – don’t miss your last chance to register!  The Program on Negotiation (PON) offers a semester-length seminar on mediation and conflict management designed to raise your awareness of your own approach to conflict. Led by David Seibel and Stevenson Carlebach, renowned mediators and dynamic instructors, this … Read More

Harvard Law Professor Guhan Subramanian Moderates Panel on Difficult Negotiation Scenarios

Posted by & filed under Crisis Negotiations.

In Harvard Law Today, Brett Milano published an article titled, Catastrophic harms, complicated questions reviewed a recent panel, “Innovative Models for Resolving Disputes after Mass Disasters and Catastrophic Harms,” held at Harvard Law School on Oct. 22. As mentioned in the article, it “brought together three experts who have helped resolve disputes after recent historic … Read More

2019 Negotiation Pedagogy Conference

Posted by & filed under Pedagogy at PON, Teaching Negotiation.

Join us in Cambridge on Friday, November 15th, 2019 for a conference on excellence and innovation in teaching negotiation. The Teaching Negotiation Resource Center (TNRC) at the inter-university Program on Negotiation at Harvard Law School is pleased to announce that the 2019 Negotiation Pedagogy Conference will take place on Friday, November 15th, 2019 at Harvard Law … Read 2019 Negotiation Pedagogy Conference

What is Divorce Mediation?

Posted by & filed under Mediation.

A divorce can 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 overwhelming, especially when the principals are barely speaking to each other. In the worst-case scenario, separating spouses hire cutthroat lawyers to make rigid (and sometimes outrageous) … Read What is Divorce Mediation?

Role Play Simulations to Help You Become a Better Mediator

Posted by & filed under Teaching Negotiation.

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

Mandated Mediation: What to Expect

Posted by & filed under Mediation.

More and more companies are inserting alternative dispute resolution (ADR) clauses in their contracts with customers and vendors—and even, in some cases, in agreements with their own employees. ADR clauses can be beneficial for all concerned if it means avoiding the cost, delay, and uncertainty of going to court. Mandated mediation, in particular, may offer … Read Mandated Mediation: What to Expect

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

Posted by & filed under Teaching Negotiation.

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

Deflated by your deal? Get them back to the table

Posted by & filed under International Negotiation.

According to U.S. president Donald Trump, trade pacts forged by past American presidents have left the nation with a slew of raw deals. To reduce trade deficits, the president announced on March 1 that he would be imposing tariffs on imported steel and aluminum, a move that would impact China, Europe, and Canada in one … Read Deflated by your deal? Get them back to the table

Crisis Negotiations: After the West Coast Ports Conflict, Damage Remained

Posted by & filed under Crisis Negotiations.

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

Negotiating Indigenous Land Rights

Posted by & filed under Teaching Negotiation.

Teach Your Students to Address Fundamental Value Differences While Negotiating Indigenous Land Rights Indigenous land rights have been a key aspect of negotiations by private companies and governments around the world. Indigenous land rights are the rights of indigenous peoples to land and natural resources, which they have occupied for hundreds, if not thousands, of years. … Read Negotiating Indigenous Land Rights

Teaching Negotiation: The Art of Case Study Writing

Posted by & filed under Teaching Negotiation.

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

Real Leaders Negotiate to Meet Their Organization’s Goals

Posted by & filed under Leadership Skills.

Imagine a typical leader, and you might think of someone who is bold, decisive, visionary, assertive, and charismatic. Now think about the kinds of actions that such a leader might regularly engage in. Delegating, making top-down decisions, and otherwise exerting one’s power might immediately come to mind. A behavior that’s not typically at the top of … Read More

Announcing the 2017 PON Summer Fellows

Posted by & filed under Awards, Grants, and Fellowships, Daily, Summer Fellowship Grants.

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, nonprofit or academic organizations. The Summer Fellowship Program’s emphasis is on advancing the links between scholarship and practice in negotiation and … Read Announcing the 2017 PON Summer Fellows

Announcing the 2017-2018 PON Graduate Research Fellows

Posted by & filed under Awards, Grants, and Fellowships, Daily, Graduate Research Fellowships, PON Graduate Research Fellowships.

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

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

Dealmaking: Dealing with the Other Side’s Constituents

Posted by & filed under Dealmaking.

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

Mediation Used in Dispute Resolution Over Art Museums

Posted by & filed under Mediation.

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

Mediating Better Community Relations in New Orleans

Posted by & filed under Mediation.

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

Capture the Best of Mediation and Arbitration

Posted by & filed under Mediation.

The problem: You’re not sure which of the two most common dispute-resolution processes, mediation or arbitration, to use to resolve your conflict. Mediation is appealing because it would allow you to reach a collaborative settlement, but you’re worried it could end in impasse. You know that arbitration would wrap up your dispute conclusively, but it … Read Capture the Best of Mediation and Arbitration

A Closer Look at Court-Sponsored Mediation

Posted by & filed under Mediation.

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 A Closer Look at Court-Sponsored Mediation

How to Conduct a Mediation During Crisis Negotiations

Posted by & filed under Mediation.

The most difficult peace negotiations in recent decades—in Ireland, the Middle East, the former Yugoslavia, and Sri Lanka—were plagued by a common enemy: violent disruptions by spoilers opposed to the peace process. In each of these cases, extremists stalled negotiations by creating security crises that divided public opinion and drove negotiators apart. … Read More

How Your Organization Can Benefit from Mediation Techniques

Posted by & filed under Mediation.

If you manage people, disputes will show up at your door. The marketing VP protests that the budget cap you and your new finance VP proposed is hindering a research initiative you supported. Two young sales representatives are embroiled in a turf war. Your administrative assistant is upset because the HR director won’t approve the … Read More

Announcing the 2016 PON Summer Fellows

Posted by & filed under Awards, Grants, and Fellowships, Daily, Summer Fellowship Grants.

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 Announcing the 2016 PON Summer Fellows

Announcing the 2016-2017 PON Graduate Research Fellows

Posted by & filed under Awards, Grants, and Fellowships, Daily, Graduate Research Fellowships, PON Graduate Research Fellowships.

    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

In Acrimonious Disputes, Conflict Management is Key

Posted by & filed under Conflict Resolution.

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

Using Mediation to Resolve International Disputes

Posted by & filed under Conflict Resolution.

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 Using Mediation to Resolve International Disputes

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

Posted by & filed under Negotiation Skills.

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

Negotiation Skills for Resolving International Conflicts

Posted by & filed under Negotiation Skills.

What are the essential skills a negotiator needs to resolve conflicts abroad? How do international conflicts differ from domestic conflicts? What issues specific to bargaining across borders emerges in intercultural negotiations? In this article we explore ways in which negotiators can develop bargaining skills to overcome any barriers to communication they may encounter in negotiations … Read More

Announcing the 2015 Winners of the PON Paper Prizes

Posted by & filed under Awards, Grants, and Fellowships, Daily.

The Program on Negotiation has awarded Bruno Verdini the 2015 Howard Raiffa Doctoral Student Paper Award for his paper “Charting New Territories Together: Laying the Foundations for Mutual Gains in United States – Mexico Water and Energy Negotiations.” This paper was submitted as his dissertation for the Ph.D. program at the Massachusetts Institute of Technology. Emily Cole Groden … Read More

Announcing the 2015 PON Summer Fellows

Posted by & filed under Awards, Grants, and Fellowships, Daily, Summer Fellowship Grants.

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 Announcing the 2015 PON Summer Fellows

New Findings in the Field of Negotiation: Session Two

Posted by & filed under Daily, Events.

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

New Findings in the Field of Negotiation: Session One

Posted by & filed under Daily, Events.

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

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

Posted by & filed under Daily, Events.

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

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

Posted by & filed under Daily, Events.

The Program on Negotiation at Harvard Law School is pleased to present: Interdisciplinary and International Perspectives on ADR: Past, Present, and Future with

Dr. Paola Cecchi-Dimeglio Editor, Interdisciplinary Handbook of Dispute Resolution

Wednesday, April 15, 2015 12:00 – 1:30PM Pound Hall 102 Harvard Law School campus Free and open to the public.  A non-pizza lunch will be provided.  About the Book:  Over the last three decades, Alternative Dispute Resolution (ADR) … Read More

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

Posted by & filed under Daily, Events.

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

How Does Mediation Work?

Posted by & filed under Mediation.

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 How Does Mediation Work?

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

Posted by & filed under Daily, Events.

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

Can Mediation Settle the James Brown Dispute?

Posted by & filed under Mediation.

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

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

Posted by & filed under Conflict Resolution.

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

Detroit Moves Forward, Thanks to Mediation

Posted by & filed under Mediation.

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

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

Posted by & filed under Business Negotiations.

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

Lawyers in Mediation and the Mediation Process

Posted by & filed under Dispute Resolution.

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 Lawyers in Mediation and the Mediation Process

In Dispute Resolution, A Tale of Two Arthurs

Posted by & filed under Dispute Resolution.

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

At the Office, Conflict Management is Key

Posted by & filed under Conflict Resolution.

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 At the Office, Conflict Management is Key

The Paradox of Positions

Posted by & filed under Dispute Resolution.

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 The Paradox of Positions

2014 Winner of the Raiffa Doctoral Student Paper Award

Posted by & filed under Awards, Grants, and Fellowships, Negotiation Skills.

The Program on Negotiation has awarded Eugene B. Kogan the 2014 Howard Raiffa Doctoral Student Paper Award for his paper “Coercing Allies: Why Friends Abandon Nuclear Plans.” This paper was submitted as his thesis for the Ph.D. program at Brandeis. Mr. Kogan is currently a Stanton Nuclear Security Postdoctoral Fellow in the International Security Program at … Read More

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

Posted by & filed under Conflict Resolution.

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

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

Posted by & filed under Awards, Grants, and Fellowships, Daily, Events, PON Graduate Research Fellowships.

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

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

Posted by & filed under Dispute Resolution, Events.

Dr. Mohamed M. Keshavjee will discuss his new book, Islam, Sharia and Alternative Dispute Resolution, which provides an informed and thorough discussion of the relevance of Sharia and its principles that affirm equity, justice and basic human rights, and its interface with the UK’s official judicial system. … Read More

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

Posted by & filed under Daily, Events.

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

Three Things to Consider When Choosing a Mediator

Posted by & filed under Mediation.

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 Three Things to Consider When Choosing a Mediator

Bet you didn’t know…Negotiation research you can use

Posted by & filed under Dispute Resolution.

As state and local governments in the United States have been stretched to the breaking point, conflicts between public-sector employers and employees have become increasingly acrimonious, often resulting in stalemates. When governments and employee unions reach impasse, they often turn to alternative dispute-resolution practices such as mediation and arbitration. Though these practices can be successful, the … Read More

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

Posted by & filed under Conflict Resolution, MIT-Harvard Public Disputes Program.

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

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

Posted by & filed under Conflict Resolution.

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

A deal blows up

Posted by & filed under Business Negotiations.

When negotiating a new business partnership, what should you do if you begin to believe that your partner is less attractive than he (or it) first appeared? Duke Energy faced this question during the course of its nearly two years of merger negotiations with Progress Energy. In July 2012, the two North Carolina– based companies closed … Read A deal blows up

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

Posted by & filed under International Negotiation.

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

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

Posted by & filed under Negotiation Skills.

Founded in 1983, the Program on Negotiation at Harvard Law School is a pioneer in the fields of negotiation, mediation, and alternative dispute resolution. In commemoration of the program’s 30th anniversary this year, the Program on Negotiation is proud to present a video describing many of PON’s various educational and research activities. According to Chair Robert Mnookin, … Read More

2013 Winner of the Raiffa Doctoral Student Paper Award

Posted by & filed under Awards, Grants, and Fellowships, Negotiation Skills.

The Program on Negotiation has awarded Netta Barak-Corren the 2013 Howard Raiffa Doctoral Student Paper Award for her paper, co-written with Edy Glozman and Ilan Yaniv, “False Negotiations: The Art & Science of Not Reaching an Agreement.” Ms. Barak-Corren is an LLM candidate at Harvard Law School.     About the Award: The annual prize of $1000 is awarded … Read More

Leaving millions on the table

Posted by & filed under Mediation.

It’s hard to imagine a situation in which negotiating counterparts would choose to sacrifice hundreds of millions of dollars rather than reach agreement. But this is the choice that New York City and its teachers union, the United Federation of Teachers (UFT), made in January when they declared impasse on a new teacher evaluation system. Back … Read Leaving millions on the table

Negotiate, Don’t Litigate

Posted by & filed under Conflict Resolution.

When you’re thinking about resolving a dispute in court, it’s crucial to remember that the decision that will be imposed on you is binding. If blinders lead a judge to grant a motion that should be denied, deny a motion that should be granted, assign responsibility to the wrong party, or award too much or … Read Negotiate, Don’t Litigate

Taking Alternative Dispute Resolution (ADR) Too Far

Posted by & filed under Mediation.

More and more companies are inserting alternative dispute resolution (ADR) clauses in their contracts with customers and vendors, and even in agreements with their own employees. ADR processes such as mediation and arbitration can be beneficial for all concerned if they help avoid the cost, delay, and uncertainty of going to court. Mediation, in particular, … Read More

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

Posted by & filed under Conflict Resolution.

Recent Harvard Law School Graduate Grant Strother ’12 was selected to receive The International Institute for Conflict Prevention & Resolution (CPR) Outstanding Original Student Article Award for his paper, “Resolving Cultural Property Disputes in the Shadow of the Law.” This award recognizes a student article or paper that is focused on events or issues in … Read More

When impasse looms, bring them back from the brink

Posted by & filed under Business Negotiations.

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

Israeli Settlement Withdrawal: Negotiation lessons from the past, and planning for the future

Posted by & filed under Events, International Negotiation, Middle East Negotiation Initiatives.

This presentation by Karen Lee Bar-Sinai and Prof. Robert Mnookin is the fourth seminar exploring the role of urban planning in negotiation, co-sponsored by the Middle East Negotiation Initiative (MENI) at the Program on Negotiation and the Harvard Graduate School of Design. … Read More

PON Film Series Event: My Neighbourhood Screening with Julia Bacha, Just Vision

Posted by & filed under International Negotiation, Middle East Negotiation Initiatives, PON Film Series.

The Program on Negotiation at Harvard Law School and the Middle East Initiative at the Harvard Kennedy School are pleased to present a screening of “My Neighborhood,” a new Just Vision documentary. A panel discussion will be held after the screening with Julia Bacha, director/producer of My Neighbourhood. … Read More

Mediation, Arbitration, and the Promise of Privacy

Posted by & filed under Mediation.

Negotiators often choose to resolve their conflicts through mediation, arbitration, and other alternative dispute resolution methods because of the privacy these methods promise. Unlike the public nature of litigation, mediation and arbitration typically give parties the freedom to hash out sensitive issues without the fear that their discussions and agreement will become public knowledge. Two … Read More

A Common Ground Approach to Societal Conflict Resolution

Posted by & filed under Events, International Negotiation, Student Events.

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

Do You Need a Broker?

Posted by & filed under Conflict Resolution.

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 Do You Need a Broker?

Taking ADR Too Far

Posted by & filed under Dispute Resolution.

More and more companies are inserting alternative dispute resolution (ADR) clauses in their contracts with customers and vendors, and even in agreements with their own employees. ADR processes such as mediation and arbitration can be beneficial for all concerned if they help avoid the cost, delay, and uncertainty of going to court. Mediation, in particular, … Read Taking ADR Too Far

Rapport Comes First

Posted by & filed under Conflict Resolution.

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 Rapport Comes First

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

Posted by & filed under Negotiation Skills.

With beautiful weather outside and the cherry blossom season in full bloom, over 1000 attendees filled the American Bar Association Dispute Resolution Section’s conference halls as it held its 14th annual conference in Washington, D.C. On Saturday, April 21, the ABA Section of Dispute Resolution honored Frank Sander, A.B., LL.B., Bussey Professor of Law Emeritus and … Read More

The Five Percent: Finding Solutions to Seemingly Impossible Conflicts

Posted by & filed under Awards, Grants, and Fellowships, Conflict Resolution, Events, Student Events.

“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

Moving Forward in Mediation Together

Posted by & filed under Mediation.

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 Moving Forward in Mediation Together

Planting the Seeds of Peace

Posted by & filed under Middle East Negotiation Initiatives, Negotiation Skills.

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 Planting the Seeds of Peace

Opening Multiple Doors for Dispute Resolution

Posted by & filed under Dispute Resolution.

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 Opening Multiple Doors for Dispute Resolution

The Secret Talks That Led to the Fall of Apartheid

Posted by & filed under Events, International Negotiation.

“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

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

Posted by & filed under International Negotiation, Student Events, The Kelman Seminar.

“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

Avoid judicial bias with negotiation

Posted by & filed under Conflict Resolution, Daily.

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

Shuttle diplomacy examined in July issue of Negotiation Journal

Posted by & filed under Daily, Mediation.

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

Negotiation tactics in the spotlight as debt ceiling debate continues

Posted by & filed under Daily, Negotiation Skills.

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

Bringing Mediators to the Bargaining Table

Posted by & filed under Conflict Resolution, Daily.

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 Bringing Mediators to the Bargaining Table

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

Posted by & filed under Awards, Grants, and Fellowships, Daily, News.

Congratulations to Jessica Beess und Chrostin (HLS ’13), the 2011 Fisher/Sander Prize Winner, for her paper “Cross-Border Class Actions and Aggregate Dispute Resolution: Where We Are and How to Move Forward.” This prize was established in 2007 by the Program on Negotiation in honor of Professors Roger Fisher, the Williston Professor of Law, Emeritus, and Frank … Read More

Why Classic Cases?

Posted by & filed under Daily, Negotiation Skills, Pedagogy at PON.

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 Why Classic Cases?

How I Learned to Stop Worrying and Love the Camera: Video in Negotiation Pedagogy

Posted by & filed under Daily, Events, Negotiation Skills, Pedagogy at PON.

How can video be used to enhance the teaching of negotiation? This question was addressed by Michael Moffitt from the University of Oregon Law School in his presentation called “How I Learned to Stop Worrying and Love the Camera: Video in Negotiation Pedagogy” at the NP @ PON faculty dinner seminar on April 21, 2011. … Read More

Shapiro named 2011 Burke Global Health Fellow

Posted by & filed under Conflict Resolution, Daily, News.

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 Shapiro named 2011 Burke Global Health Fellow

Put Apologies in Your Toolbox

Posted by & filed under Daily, Negotiation Skills.

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 Put Apologies in Your Toolbox

Nuclear Negotiations with Russia

Posted by & filed under Awards, Grants, and Fellowships, Daily, Events, Student Events.

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 Nuclear Negotiations with Russia

How to Turn a Maybe Into a Yes

Posted by & filed under Daily, Negotiation Skills.

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 How to Turn a Maybe Into a Yes

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

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

The Conflict Prevention and Resolution Institute (CPR) selected the Harvard Negotiation and Mediation Clinical Program (HNMCP) to be the recipient of its 2010 Problem Solving in the Law School Curriculum Award at its annual awards banquet on January 11, 2011 at the New York offices of Fulbright & Jaworski LLP.  The clinic’s director and founder, … Read More

Canceled: The Difference Difference Makes in Mediation

Posted by & filed under Daily, Events.

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

Harvard Law School Hosts 2010 American Bar Association Regional Negotiation Competition

Posted by & filed under Awards, Grants, and Fellowships, Daily, Harvard Negotiators, Negotiation Skills, Student Events.

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

Dealing With Constituents

Posted by & filed under Business Negotiations, Daily.

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 Dealing With Constituents

Robert Bordone and HNMCP featured in the HLS Bulletin

Posted by & filed under Negotiation Skills, News.

“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

Negotiation Advice for the 112th Congress

Posted by & filed under Conflict Resolution, Daily, News.

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 Negotiation Advice for the 112th Congress

Winning in the New Century Means…

Posted by & filed under Conflict Resolution.

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 Winning in the New Century Means…

Are You Overlooking Mediation?

Posted by & filed under Daily, Mediation.

Adapted from “Why Aren’t Mediation and Arbitration More Popular?” First published in the Negotiation newsletter. Many scholars have noted that the business community would greatly benefit from third-party dispute resolution services. The problem is, there isn’t much demand for mediation or arbitration. If the alternative dispute resolution field has in fact built a better mousetrap, why … Read Are You Overlooking Mediation?

When peace breaks out

Posted by & filed under Conflict Resolution, Daily.

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 When peace breaks out

2010 Winner of the Raiffa Doctoral Student Paper Award

Posted by & filed under Daily, News.

The Program on Negotiation would like to congratulate Nour Kteily for his paper entitled “Getting to the Table: Factors Affecting the Willingness of Israelis and Palestinians to Negotiate.” Nour is a Ph.D. Psychology candidate in the Department of Psychology at Harvard. About the Award: The annual prize of $1000 is awarded to a doctoral student author of … Read More

Announcing the 2010 PON Summer Fellows

Posted by & filed under Daily, Summer Fellowship Grants.

About the PON Summer Fellowship Program: PON offers fellowship grants to students at Harvard University, MIT, Tufts University and other Boston-area schools who are doing internships or undertaking summer research projects in negotiation and dispute resolution in partnership with public, non-profit or academic organizations. The Summer Fellowship Program’s emphasis is on advancing the links between … Read Announcing the 2010 PON Summer Fellows

New Teaching Notes for Three Values-Based Mediation Simulations

Posted by & filed under Daily, Mediation, Pedagogy at PON.

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

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

Posted by & filed under Awards, Grants, and Fellowships, Daily, News.

Congratulations to Jamison Davies (HLS ’11), the 2010 Fisher/Sander Prize Winner, for his paper “Formalizing Legal Reputation Markets.” This prize was established in 2007 by the Program on Negotiation in honor of Professors Roger Fisher, the Williston Professor of Law, Emeritus, and Frank E. A. Sander, the Bussey Professor of Law, Emeritus, two founders of the … Read More

Making and Using Films to Teach Negotiation

Posted by & filed under Daily, Negotiation Skills, Pedagogy at PON.

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 Making and Using Films to Teach Negotiation

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

Posted by & filed under Daily, News.

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

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

Posted by & filed under Daily, International Negotiation.

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

with Diego Faleck (LL.M. ’06), Chief of Staff of the Secretariat of Economic Law of the Ministry of Justice in Brazil Date: April 6, 2010

Time: 12:15PM to 1:15PM Where: Pound Hall, Room 332, Harvard Law School Campus

Click here for a campus map. Speaker Bio Diego Faleck … Read More

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 How to Avoid a Do-Over

Negotiate! Radio

Posted by & filed under Daily.

Robert H. Mnookin, author of Bargaining with the Devil:  When to Negotiate, When to Fight, will be interviewed on March 17th, 2010 on Negotiate! Radio.  Negotiate! Radio is a nonprofit community service initiative. Its objectives are to collect and diffuse information on negotiation, mediation, and alternative dispute resolution (ADR), both in theory and by analyzing … Read Negotiate! Radio

A more cooperative divorce

Posted by & filed under Negotiation Skills.

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 A more cooperative divorce

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

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

The PON Dispute Resolution Forum and the Harvard Negotiation and Mediation Clinical Program Present: Alternative Dispute Resolution in the Federal Government: What’s up at the Federal Energy Regulatory Commission and elsewhere? with Deborah Osborne, Group Manager, Dispute Resolution Service, Federal Energy Regulatory Commission

Thursday, March 4, 2010 8:00AM Breakfast 8:30AM Talk Pound Hall, Room 335, Harvard Law School Campus How are ADR principles applied … Read More

Mediating disputes on the job

Posted by & filed under Daily, Mediation.

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 Mediating disputes on the job

Choosing a mediator

Posted by & filed under Daily, Mediation.

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 Choosing a mediator

New Live-Mediation Teaching Video Available for Purchase

Posted by & filed under Daily, Mediation, Pedagogy at PON.

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

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

Posted by & filed under Daily, Negotiation Skills, Pedagogy at PON.

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

Summary of Mediation Pedagogy Conference Participant Survey Results

Posted by & filed under Daily, Mediation, Pedagogy at PON.

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

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

Posted by & filed under Business Negotiations, Daily, Dispute Resolution, Mediation.

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

Boston Globe highlights mediation trainings for Iraqis

Posted by & filed under Daily, International Negotiation, News.

“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

Harvard Negotiation Law Review Launches New Website

Posted by & filed under Awards, Grants, and Fellowships, Daily, News, Reviews of Books.

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

Obama as mediator?

Posted by & filed under Daily, Mediation.

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 Obama as mediator?

Harvard Law School Spotlight on Harvard Negotiation and Mediation Clinical Program

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

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

Mnookin Calls for Mediation

Posted by & filed under Daily, Mediation, News.

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 Mnookin Calls for Mediation

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

Posted by & filed under Daily, Mediation.

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

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

Posted by & filed under Awards, Grants, and Fellowships, Daily, News.

Congratulations to Sean McDonnell (HLS ’09), the 2009 Fisher/Sander Prize Winner, for his paper “Fighting With Faith: The Role of Religion in Dealing With Modern Conflict.” This prize was established in 2007 by the Program on Negotiation in honor of Professors Roger Fisher, the Williston Professor of Law, Emeritus, and Frank E. A. Sander, the Bussey … Read More

Harvard Negotiation Institute Begins!

Posted by & filed under Daily.

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 Harvard Negotiation Institute Begins!

Teachers and Trainers Gather to Talk About Mediation Pedagogy

Posted by & filed under Daily, Pedagogy at PON, Research Projects.

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

Robert Bordone Appointed Clinical Professor of Law at Harvard Law School

Posted by & filed under Daily, Events.

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

Mediation Pedagogy Conference

Posted by & filed under Daily, Events, Pedagogy at PON, Webcasts.

Registration is now closed for the NP@PON Mediation Pedagogy Conference. Professors Lawrence Susskind (MIT) and Michael Wheeler (Harvard Business School) are pleased to announce a Mediation Pedagogy Conference to be held by Negotiation Pedagogy at the Program on Negotiation at Harvard Law School (NP@PON). This two-day Conference will be held Friday, May 15 and Saturday, May … Read Mediation Pedagogy Conference

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

Posted by & filed under Awards, Grants, and Fellowships, Daily, Harvard Negotiators.

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

Rare video of a small-claims mediation

Posted by & filed under Daily, Mediation.

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 Rare video of a small-claims mediation

Conflict within Companies

Posted by & filed under Conflict Resolution.

Conflict within companies can be very costly, both in time and resources. Alternative Dispute Resolution, or ADR, may be helpful as you consider ways in which you can transition from conflict to productivity within your own organization. The three most common ADR techniques are: mediation, arbitration, and med-arb. During mediation a neutral third party facilitates a … Read Conflict within Companies