During the course of a complex negotiation, the last thing we want to think about is the possibility that a serious disagreement or contract breach will arise during the implementation stage. Yet we also know that such conflicts are common.
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Download the FREE special report from the Program on Negotiation at Harvard Law School, Mediation Secrets for Better Business Negotiations: Top Techniques from Mediation Training Experts, and you will discover mediation techniques for selecting the right mediator, understand the mediation process and learn how to engage the mediator to ensure a good outcome.
professional mediator
The following items are tagged professional mediator
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Courses and Training
New! Advanced Mediation Workshop: Mediating Complex Disputes
Course Dates: TBD
You’ve handled numerous mediation sessions with ease. You are confident in your mediation skills, especially between two parties who want a fair resolution. But how do the dynamics change when their lawyers join the session? What happens when the mediation expands to multiple parties who are bringing many issues to the table? Mediators … Read More
Product
Hydropower In Santales
Jennie Hatch under the supervision of Lawrence Susskind
Six-party, multi-issue negotiation focused on issues of public engagement in hydropower-based
energy development
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Mediation Training: What Can You Expect?
Organizations have long recognized the value of hiring professional mediators to help resolve disputes. More and more, managers have begun to also see value in securing mediation training for themselves and their employees. Although there are times when the services of an unbiased, professional mediator are needed, there may also be instances in which employees … Read More
Product
Live-Mediation Teaching Video
Charles Doran
Video featuring an actual landlord-tenant small claims mediation
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When Conflict Becomes a Self-Fulfilling Prophecy
When one party brings up the possibility of a lawsuit in a business dispute, the threat can become a self-fulfilling prophecy. Yet business negotiators often benefit from settling their disputes before going to court, write Robert H. Mnookin, Scott R. Peppet, and Andrew S. Tulumello in their book Beyond Winning: Negotiating to Create Value in … Read More
Product
Humboldt
Lawrence Susskind
Eight-person, multi-issue mediation among regional government, environmental, development, and business interests regarding environmental and economic tradeoffs and ethical issues in the development of a manufacturing plant
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What are the Three Basic Types of Dispute Resolution? What to Know About Mediation, Arbitration, and Litigation
When it comes to dispute resolution, we now have many choices. Understandably, disputants are often confused about which process to use.
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Deal Design: Strategies for Complex Dealmaking
As experienced negotiators well know, the more parties involved in a negotiation, the more difficult it often is to come to agreement, due in part to the logistical challenge of making sure each voice is heard. Yet multiparty negotiation offers considerable benefits. Most notably more opportunities for making tradeoffs and creating value in negotiation than … Read More
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Use Integrative Negotiation Strategies to Create Value at the Bargaining Table
How can you uncover additional value, make useful trades, and put together a package that exceeds your party’s expectations? Here are four integrative negotiation strategies for value creation that all negotiators should add to their toolkit.
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Dispute Resolution on Facebook: Using a Negotiation Approach to Resolve a Conflict
For several years, Facebook has been working with social scientists to bring traditional methods of dispute resolution to cyberspace. The site has begun to offer users tools to resolve disputes with one another over offensive or upsetting posts, including insults and photos.
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Arbitration vs Mediation: The Definition of Mediation as a Problem Solving Process
Mediation is often thought of as a last step to adjudicate disputes. In this article, professor Lawrence Susskind spells out the hidden advantages of using mediation early in the process to solve problems and reach voluntary compliance agreements.
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15 Things You Need to Know About Environmental Dispute Resolution
Here are 15 things about dispute resolution in environmental negotiations that Program on Negotiation faculty member Lawrence Susskind published on his website, Consensus Building Approach.
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Types of Mediation: Choose the Type Best Suited to Your Conflict
When parties involved in a serious conflict want to avoid a court battle, 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 follow different approaches. Before choosing … Read More
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Definition of Mediation and the Mediation Process: The Impact of Lawyers on Alternative Dispute Resolution (ADR)
How does the presence of lawyers affect the mediation process and mediations in general? 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.
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Top Business Negotiations: Michael Bloomberg versus the New York Teachers’ Union
Business negotiators seeking to resolve a dispute should foster a cooperative spirit, framing negotiations around gains rather than losses. And when negotiators are far apart, it may take a professional mediator or other independent party to help bridge the divide.
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Mediating Better Community Relations in New Orleans
On May 14, Susan Hutson, the independent police monitor for the city of New Orleans brought together community stakeholders and police officials to help formulate a program that would allow police officers and citizens to mediate minor disagreements, the New Orleans Times-Picayune reports. Aided by a professional mediator, citizens and officers would sit face to … Read More
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How Mediation Works
When negotiators can’t come to agreement but want to avoid an expensive, time-consuming, and potentially rancorous lawsuit, mediation is often their most logical choice. Mediation can help to resolve a wide range of disputes.
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What is Alternative Dispute Resolution?
So, you’re stuck in a serious dispute, but you’re desperate to avoid the hassle and expense of a court case. You’ve heard about alternative dispute resolution but are not sure what it entails.
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Choose the Right Dispute Resolution Process
What is dispute resolution? There are three basic types of dispute resolution, each with its pros and cons. The first two, mediation and arbitration, are considered types of alternative dispute resolution because they are an alternative to litigation.
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How Your Organization Can Benefit from Mediation Techniques
If you manage people, disputes will show up at your door. The marketing VP protests that the budget cap you and your new finance VP proposed is hindering a research initiative you supported. Two young sales representatives are embroiled in a turf war. Your administrative assistant is upset because the HR director won’t approve the … Read More
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What is Conflict Resolution, and How Does It Work?
If you work with others, sooner or later you will almost inevitably face the need for conflict resolution. You may need to mediate a dispute between two members of your department. Or you may find yourself angered by something a colleague reportedly said about you in a meeting. Or you may need to engage in … Read More
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Negotiating with a Mediator’s Assistance: A Case Study
A few years ago, Stephen B. Goldberg was asked to serve as a facilitator for and adviser to a corporate team from a telecommunications firm that was preparing to negotiate with five other telecom companies on the division of radio spectrum for cellular telephone relay satellites.
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Business Negotiations: What You Need to Know About Joint-Fact Finding
Joint fact finding is a multistep, collaborative process for bringing together negotiating partners with different interests, values, and perspectives. Here are the five stages through which joint fact finding typically proceeds.
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The Mediator as Negotiation Advisor: Team versus Individual Interests
If you’ve ever been part of an organization team preparing to negotiate an agreement with another organization, you probably have faced this frustrating task: Aligning your individual interests , other team members’ interests, and those of your company as a whole.
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Rare video of a small-claims 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 More
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Articles & Insights
BATNA
- The Top Three Defensive Negotiation Strategies You Need to Know
- Overcoming Barriers to Agreement: How Dell Computer’s BATNA Informed Its Privatization Negotiations
- 6 Bargaining Tips and BATNA Essentials
- What is BATNA? How to Find Your Best Alternative to a Negotiated Agreement
- 10 Hard-Bargaining Tactics to Watch Out for in a Negotiation
- Business Negotiations
- Conflict Resolution
- Crisis Negotiations
- What is Crisis Management in Negotiation?
- Famous Negotiations Cases – NBA and the Power of Deadlines at the Bargaining Table
- Police Negotiation Techniques from the NYPD Crisis Negotiations Team
- In This Greece Crisis Negotiation, Tough Conditions May Have Affected the Deal
- Crisis Negotiations: After the West Coast Ports Conflict, Damage Remained
- Dealing with Difficult People
- When Dealing with Difficult People, Try a Complementary Approach
- Examples of Difficult Situations at Work: Consensus and Negotiated Agreements
- Negotiation Tips: Listening Skills for Dealing with Difficult People
- Dealing with Difficult People: Coping with an Insulting Offer in Contract Negotiations
- Negotiation Tactics for Bargaining with Difficult People: The Comcast Merger
- Dealmaking
- Dispute Resolution
- In Contract Negotiations, Agree on How You’ll Disagree
- An Alternative Dispute Resolution Definition and How Fast-Food Workers Used ADR to Demand Higher Wages
- Four Conflict Negotiation Strategies for Resolving Value-Based Disputes
- What are the Three Basic Types of Dispute Resolution? What to Know About Mediation, Arbitration, and Litigation
- Patience is a Winning Negotiation Skill for Getting What You Want at the Negotiation Table
- International Negotiation
- A Crisis Negotiations Case Study: Chen Guangcheng, the United States, China, and Diplomatic Negotiations
- A Lesson from Turkey: Raise Your Profile in International Negotiations
- International Negotiations and Agenda Setting: Controlling the Flow of the Negotiation Process
- Famous Negotiators: Tony Blair’s 10 Principles to Guide Diplomats in International Conflict Resolution
- Overcoming Cultural Barriers in Negotiations and the Importance of Communication in International Business Deals
- Leadership Skills
- Mediation
- Using E-Mediation and Online Mediation Techniques for Conflict Resolution
- What Makes a Good Mediator?
- Mediation Training: What Can You Expect?
- Negotiations and Logrolling: Discover Opportunities to Generate Mutual Gains
- Undecided on Your Dispute Resolution Process? Combine Mediation and Arbitration, Known as Med-Arb
- Negotiation Skills
- Negotiation Training
- Salary Negotiations
- Teaching Negotiation
- Win-Win Negotiations