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resolving disputes

What is Resolving Disputes in Negotiation?

Resolving disputes requires specialized negotiation skills that may include mediation, arbitration or other alternative dispute resolution approaches

Organizations have long recognized the value of hiring professional mediators to help in resolving disputes. More and more, managers have begun to also see value in securing mediation training for themselves and their employees.

In mediation, a neutral third party tries to help parties in conflict hammer out a resolution that is sustainable, voluntary, and non-binding. Mediation is also a relatively fast and inexpensive means of resolving disputes.

Increasingly, however, employers are adding another dispute-resolution tool to that list: e-mediation. Like traditional mediation, e-mediation is a voluntary process of resolving disputes with the assistance of a neutral third party. Although, the role of technology is often likened to a “fourth party” in the process, and it is used to varying degrees.

When mediation doesn’t work, parties may move to arbitration. In arbitration, a neutral third party serves as a judge who is responsible for resolving disputes. Arbitrators hand down decisions that are usually confidential and that cannot be appealed.

A hybrid mediation-arbitration approach called med-arb combines the benefits of both techniques. In this increasingly popular process, parties first attempt to collaborate on an agreement with the help of a mediator. If the mediation ends in impasse, or if issues remain unresolved, the parties can then move on to arbitration.

Of course, the most familiar approach to resolving disputes is litigation. Civil litigation typically involves a defendant facing off against a plaintiff before either a judge or a judge and jury.

Lawyers typically dominate litigation, which often ends in a settlement agreement during the pretrial period of discovery and preparation.

To learn more about resolving disputes, download your FREE copy of Dispute Resolution: Working Together Toward Conflict Resolution on the Job and at Home from Harvard Law School

 

 

The following items are tagged resolving disputes:

Mediation Training: What Can You Expect?

Posted by & filed under Mediation.

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

Mediating Disputes

Posted by & filed under Harvard Negotiation Institute, Harvard Negotiation Institute (Five-Day Programs).

Course Dates: October 5-9, 2020 In this popular program, you will acquire the practical skills and techniques for facilitating negotiations between disputing parties. From family and employment matters to public policy and business disagreements, you will discover effective ways to settle differences and mediate disputes across a variety of contexts. This program will provide you with core … 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 

Ask A Negotiation Expert: Dispute Resolution After Mass Disasters

Posted by & filed under Dispute Resolution.

In the aftermath of a large-scale catastrophe or disaster in the United States—such as 9/11, the opioid epidemic, and mass shootings—the courts can be ill-equipped to take on the complex task of negotiating compensation for large numbers of claimants. Instead, “special masters” are often assigned to create and administer victim-compensation programs, a job that typically requires … 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 

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 More 

Using E-Mediation to Resolve Workplace Conflict

Posted by & filed under Conflict Resolution.

When their employees get into disagreements with one another, managers have various ways of coping. For example, they can try to mediate the dispute themselves; they can make use of in-house procedures and systems set up for managing disputes, if they exist; or they can refer the case to a professional mediator. Increasingly, employers are … 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 

How Mediation Works

Posted by & filed under Dispute Resolution.

When negotiators can’t come to agreement but want to avoid an expensive, time-consuming, and potentially rancorous lawsuit, mediation is often their most logical choice. Mediation can help to resolve a wide range of disputes. … Read More 

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 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 

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 

What to Do Before the Deal Breaks Down

Posted by & filed under Dealmaking.

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

Negotiator toolbox: Using e-mediation to resolve disputes.

Posted by & filed under Mediation.

The problem: You want to hire a mediator to help you resolve a conflict that you’re having with an individual or a company, but for various reasons, meeting face-to-face would be difficult. Perhaps you and the other party are located in different geographic areas. Maybe your dispute originated in an online transaction and you’ve never … Read More 

PON co-sponsors negotiation skills training for Israeli and Palestinian students

Posted by & filed under Middle East Negotiation Initiative (MENI), Negotiation Skills, Videos.

Thanks to leadership from the Middle East Negotiation Initiative (MENI) of the Program on Negotiation at Harvard Law School, a series of negotiation skills trainings was recently provided to eleventh grade students from Jewish and Arab schools in Israel.  These two-day workshops, co-sponsored by the Program on Negotiation and the Amal Network and funded by … Read More 

Is the Devil in the Details?

Posted by & filed under Business Negotiations.

You’re close to a deal, but concerns linger. Some of the contract seems less than precise. What in the world does “reasonable best efforts” mean, for example, or “good faith”? Negotiators in this commonplace situation face a choice: push for more precision now or sign the deal and hope the ambiguities won’t cause trouble down … Read More 

Equal Time in Mediation

Posted by & filed under Mediation.

Some scientists have long tried to identify the key drivers of success in resolving disputes. Several factors have been proposed: individualized contact that goes beyond the superficial, equal status among parties, commitment to a common goal, and institutional support. Studies have shown that when such conditions are met, parties’ attitudes toward one another often improve. Other … Read More 

Involving mediators in settlement talks

Posted by & filed under Conflict Resolution, Daily.

Adapted from “The Mediator as Team Adviser,” by Stephen B. Goldberg (professor, Northwestern University), first published in the Negotiation newsletter, May 2006. When faced with a trial, a corporation sometimes engages one law firm to represent it in court and a second law firm to explore settlement possibilities. According to conventional wisdom, the second law firm … Read More 

Devilish Contractual Details

Posted by & filed under Daily, Negotiation Skills.

Adapted from “Is the Devil in the Details?,” first published in the Negotiation newsletter. You’re close to a deal, but concerns linger. Some of the contract terms seem less than precise. What in the world does “reasonable best efforts” mean, for example, or “good faith”? Negotiators in this commonplace situation face a choice: push for more … Read More 

Resolving disputes with respect

Posted by & filed under Daily, Dispute Resolution.

Adapted from “Equal Time,” first published in the Negotiation newsletter. Social scientists have long tried to identify the key drivers of success in resolving disputes. Several factors have been proposed: individualized contact that goes beyond the superficial, equal status among parties, commitment to a common goal, and institutional support. Studies have shown that when such conditions … 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 More