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problem solving approach

An approach to negotiation first articulated in the book Getting to YES written by Roger Fisher and William Ury. The problem-solving approach argues that (1) negotiators should work together as colleagues to determine whether an agreement is possible that is better for both of them than no agreement, (2) in doing so they should postpone commitments while exploring how best to maximize and fairly distribute the value of any agreement, and (3) it makes sense for one party to take this approach even if the other does not. The problem-solving approach emphasizes parties’ underlying interests rather than their positions, and encourages parties to maintain and build their relationship even if they disagree rather than creating an adversarial process. (Michael L. Moffitt and Robert C. Bordone, eds., Handbook of Dispute Resolution [Program on Negotiation/Jossey-Bass, 2005], 292-93). See Also: Dispute Resolution Using Online Mediation, Mediation in Transactional Negotiation, Bringing Mediators to the Bargaining Table.

The following items are tagged problem solving approach

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

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mediation process

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

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How to Manage Conflict at Work

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How to manage conflict at work

Sooner or later, almost all of us will find ourselves trying to cope with how to manage conflict at work. At the office, we may struggle to work through high-pressure situations with people with whom we have little in common. We need a special set of strategies to calm tempers, restore order, and meet each … Read More 

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Mediation: Sitting Down at the Table

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mediation and problem solving skills sitting down at the table

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

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Consider the Setting

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Adapted from “The Crucial First Five Minutes,” first published in the Negotiation newsletter, October 2007. Your designated meeting place can have a critical impact on talks. When you don’t have a choice about where to meet, be aware that situational factors may color your judgment. For instance, the visual cues of a car lot—flashy banners, cheerful … Read More 

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Bringing Mediators to the Bargaining Table

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

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Negotiating with Your Children

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Negotiating with your children may seem counterintuitive but parents can build stronger relationships with them by implementing a problem-solving approach when trying to resolve family conflicts. In his book How to Negotiate with Kids…Even When You Think You Shouldn’t (Viking, 2003), Scott Brown, a founder of the Harvard Negotiation Project at Harvard Law School, outlines a … Read More