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Mediation
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Found 75 resources
Amending Approval for the Storyville Pulp and Paper Mill
Consensus Building Institute and Alberta Environmental Appeal Board
Mediation of a three-party dispute among a paper mill, a community group, and an environmental regulatory agency over the paper mill's air pollution permit


Role Simulations
An Actual Small Claims Mediation
Bruce Patton
A mediation discussion piece.


Case Studies & Discussion Exercises
Brief Outline of the Mediation Process
Bruce M. Patton
A discussion piece on the mediation process.


Case Studies & Discussion Exercises
Broken Benches
Marjorie Corman Aaron and JAMS Endispute
Four-person mediation and/or arbitration of a personal injury claim, among plaintiff, plaintiff's lawyer, and counsel for defendant's insurance company; arbitrator roles include possible plaintiff or defense bias


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


Role Simulations
Case of the Puerile Printer
Albie Davis and Ericka Gray
Six-party mediation with employees, employer, and legal counsel over the contested result of a sexual harassment grievance procedure


Role Simulations
Challenging Conflict
Mediation Through Understanding
Gary Friedman and Jack Himmelstein
Chicago, IL: American Bar Association and the Program on Negotiation at Harvard Law School (2008)

Co-winner of the 2008 CPR Award for Excellence in ADR (Outstanding Book Category)


Books
Choosing the Dispute Resolution Forum
Ericka Gray
A discussion piece regarding which dispute resolution mechanism is appropriate for different situations


Case Studies & Discussion Exercises
Collaborative Negotiation for Human Resource Professionals
Various authors
A six-component curriculum designed to develop skills in Crisis Management, Consultation, Fact-Finding, Negotiation, Facilitation, and Integration of Skills


Curriculum Packages
Consensus Building Handbook
Lawrence Susskind, Sarah McKearnan, Jennifer Thomas-Larmer
Thousand Oaks, CA: Sage Publications, 1999.

Winner of the 1999 CPR Award for Excellence in ADR (Outstanding Book Category)


Books
Deliberative Democracy Meets Dispute Resolution
Reflections and Insights from the 2005 Workshop on Deliberative Democracy and Dispute Resolution, Cambridge, Massachusetts
Carri Hulet (producer), under the supervision of Lawrence Susskind
Program on Negotiation (2006)

Highlights of dialogue from a two-day workshop on deliberative democracy and dispute resolution approaches to civic engagement


Videos & DVDs
Designing Conflict Management Systems
A Guide to Creating Productive and Healthy Organizations
Cathy A. Costantino and Christina Sickles Merchant (with a foreword by William L. Ury)
San Francisco, CA: Jossey-Bass, 1996


Books
Dirty Laundry
Pat Aaron
Three-person mediated small-claims dispute between a dry cleaning business and a customer over compensation for torn shirts


Role Simulations
DirtyStuff I
Lawrence Susskind
Five-person, multi-issue facilitated negotiation among industry, environmental, labor, and government representatives to develop single-text regulation of toxic industrial by-product


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


Role Simulations
Dispute Resolution, Fifth Edition
Negotiation, Mediation, and Other Processes
Stephen B. Goldberg, Frank E. A. Sander, Nancy H. Rogers, and Sarah Rudolph Cole
Gaithersburg, MD: Aspen Law and Business, 2003. Fifth Edition

Winner of the 1985 CPR Award for Excellence in ADR (Outstanding Book Category)


Books
Drug Testing in the Workplace
Joel Cutcher-Gershenfeld and Roger Winthrop
Three-person employment mediation between a truck driver and his company's personnel director, mediated by an Employee Assistance Program representative, regarding a positive drug test; a four-person version also includes a union representative


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


Role Simulations
Escalation of a Conflict
Jeffrey Z. Rubin (featured) and Lavinia Hall (producer)
Program on Negotiation, 1986

A videotaped lecture featuring former PON Executive Director Jeffrey Z. Rubin discussing the elements involved in the development of a conflict, including theories on interdependence and escalation.


Videos & DVDs
From a “War of Olives and Pines” to Agreements about a Park
Consensus-Based Land Use Planning in a Multicultural Setting
Hephzibah Levine, with commentary by Amitay Har Lev
Program on Negotiation, 2004

Factual case study about a multi-year mediation among government authorities and resident families over use of national park land in northern Israel


Free Downloads
Gator v. City of Quincy
Karen Falkenstein Green
Three-person small-claims mediation between a motorist and a city attorney regarding liability for damage to the motorist's automobile due to a pothole


Role Simulations
Getting Disputes Resolved
Designing Systems to Cut the Costs of Conflict
William L. Ury, Jeanne M. Brett, and Stephen B. Goldberg
Cambridge, MA: PON Books, 1993

Winner of the 1988 CPR Award for Excellence in ADR (Outstanding Book Category)


Books
Good Offices in a War-Weary World
Michele Ferenze, Executive Producer
The Consensus Building Institute and the Program on Negotiation (2000)

An exploration of the role of "good offices" providers in long-standing, complex conflicts


Videos & DVDs
Great Negotiator 2002: Lakhdar Brahimi
Edited by James Sebenius and Kristen Schneeman
Program on Negotiation (2004)

DVD featuring excerpts from a discussion with Ambassador Lakhdar Brahimi regarding his international negotiation experiences, including negotiating a new government for Afghanistan in 2002


Videos & DVDs
Great Negotiator 2004: Ambassador Richard Holbrooke
Edited by James K. Sebenius and Ellen Knebel
Program on Negotiation (2008)

DVD featuring Ambassador Richard Holbrooke discussing his role brokering the Dayton agreement that ended the 1992-95 war in Bosnia as well as his role in resolving the multinational dispute over U.S. dues owed in arrears to the United Nations


Videos & DVDs
Great Negotiator Case Study Series
Lakhdar Brahimi / Negotiating a New Government for Afghanistan
James K. Sebenius with Kristin Schneeman
Factual case study regarding former UN Special Envoy Lakhdar Brahimi's involvement in negotiating an interim Afghani government in 2001


Case Studies & Discussion Exercises
Great Negotiator Case Study Series
Stuart Eizenstat/ Negotiating the Final Accounts of World War II
Jeswald Salacuse with Kristin Schneeman
Factual case study regarding former EU Ambassador and Deputy Treasury Secretary Stuart Eizenstat's work negotiating reparations for victims of World War II


Case Studies & Discussion Exercises
Guatemala Role Play (The)
Workable Peace: Indigenous Rights and the Environment in Latin America
Michael Maturo, Kate Mahoney, Francisco Ingouville and Anthony Wanis St. John, under the direction of David Fairman
Six-person mediated negotiation among representatives of the Guatemalan government, military, rebel groups, indigenous people, and U.S. government to address post-armed-conflict human rights, land claims, and cultural and political rights issues


Role Simulations
Handbook of Dispute Resolution (The)
Michael L. Moffitt and Robert C. Bordone, eds.
Program on Negotiation / Jossey-Bass, 2005

Winner, National Institute for Advanced Conflict Resolution's 2005 Book Award

A cutting-edge, comprehensive, inter-disciplinary resource regarding the nature of disputes and the range of dispute resolution processes



Books
Humboldt
Mediating a Regional Development Dispute
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


Role Simulations
In the Shadow of the City
Michael Wheeler, Executive Producer
Program on Negotiation, 1998

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


Videos & DVDs
Indigenous Rights and the Environment in Latin America
A Workable Peace Curriculum
The Consensus Building Institute and the Program on Negotiation at Harvard Law School
Cambridge, MA: PON Books (2008)

Centering on the political upheaval in Guatemala caused by colonialism and the Civil War of 1960-1996, this curriculum package helps students explore human rights issues while building conflict resolution skills


Curriculum Packages
John & Mary
James Lawrence
Five- or six-person mediation between manufacturing company management and a former employee (and their respective counsel) regarding the employee's departure amid allegations of sexual harassment; optional extra role for manager accused of harassment


Role Simulations
Juvenile Justice Restorative Circle
David Baharvar under the supervision of Bob Bordone
Six- or eight-party mediated restorative justice circle among juvenile offender, offender's parent, victim, community member, facilitators supporting each side, and one or two mediators, regarding a juvenile shoplifting incident


Role Simulations
Least-Cost Planning Exercise
Clinton Andrews and Lavinia Hall
Six-party, multi-issue mediation among electric utilities, consumer interests, environmentalists, and mediator with technical expertise, over the best way to meet increased demands for electricity


Role Simulations
Little v. Jenks
Karen Falkenstein Green
Two-party small-claims settlement mediation between two former friends over the sale of a problematic used car


Role Simulations
Live-Mediation Teaching Video
A Landlord-Tenant Small Claims Mediation
Charles Doran
Reelife Productions for the Program on Negotiation (2009)

New video featuring an actual landlord-tenant small claims mediation


Videos & DVDs
Long River
Confronting the Challenges of Instream Flow
Catherine Ashcraft and Larry Susskind
A six-party, seven-person (including the mediator), multi-issue mediation among representatives of governmental, business, environmental, recreational, and tribal interests regarding a dispute over developing an instream flow action plan


Role Simulations
Managing Conflict in the Middle East
A Workable Peace Curriculum
The Consensus Building Institute and the Program on Negotiation at Harvard Law School
Cambridge, MA: PON Books (2008)

Through the use of historical documents and a role play detailing the history of conflict between Zionists and Arabs in the Middle East in the 1930s, students learn conflict resolution skills by addressing a particular modern conflict.


Curriculum Packages
Managing Growth in Rockville
Armand Ciccarelli and Lawrence Susskind
Seven-person, multi-issue mediation among business, planning, environmental, and agricultural interests regarding growth management and comprehensive planning


Role Simulations
Mediating Inequality
Mediators' Perspectives on Power Imbalances in Public Disputes
Alexis Gensberg
© 2003 by Alexis L. Gensberg. Distributed with permission by the Program on Negotiation at Harvard Law School.

72-page research paper exploring the range of ways in which public dispute mediators respond to inequalities (such as informational, educational, experiential, and/or financial inequalities) among the parties


Free Downloads
Mediating Public Disputes
Lawrence E. Susskind
A discussion of the role and functions of a court-appointed special master serving as a mediator in a case study of a scientific/technical dispute in New Jersey


Videos & DVDs
Mediation Lecture Video Series
Professors Sara Cobb and Lawrence Susskind
Three videos featuring guest lecturers from the "Mediation and Other Facilitative Roles in Dispute Resolution" seminar, offered by the Program on Negotiation:


Videos & DVDs
Mediator Responsibility and Accountability in Public Disputes
Lawrence E. Susskind
An educational video for mediators or mediation students regarding mediator responsibility when parties have unequal knowledge, skills or power


Videos & DVDs
Mediators at Work
Termination Tempest
Marjorie Corman Aaron and Dwight Golann
Program on Negotiation, 2004

An unscripted, realistic demonstration of the mediation of an employment dispute


Videos & DVDs
Mediators at Work
Breach of Warranty
Marjorie Corman Aaron and Dwight Golann
Program on Negotiation (1999)

An unscripted, realistic demonstration of the mediation of a commercial legal dispute


Videos & DVDs
Negotiation and Mediation Practice in Public Decision Making
Lawrence E. Susskind
This video addresses deadlocks, pre-negotiation, negotiation, and post-negotiation practice in public decision making.


Videos & DVDs
Negotiation Syllabus Collection
A collection of syllabi from negotiation and dispute resolution educators at a variety of institutions.


Free Downloads
Neighborhood Care, Inc.
Lawrence Susskind and Bruce Patton
Two-party negotiation or mediation between church and neighborhood representatives over the possible use of church facilities for services for the mentally challenged


Role Simulations
Office Imbroglio
Marjorie Corman Aaron and JAMS/Endispute
A two-party negotiation (or optional mediation) between a manager and employee regarding the employee's decline in job performance


Role Simulations
Onembo and Benjamin Rug Co. v. Runyon and Lebeau
Karen Falkenstein Green
Three-person small claims court mediation between a rug company owner and a customer over the return of a made-to-order rug


Role Simulations
Podcast from the 2009 Mediation Pedagogy Conference
Produced by Noah Susskind for PON
In May 2009, the Program on Negotiation hosted the first Mediation Pedagogy Conference. This Podcast captures some of the attendees' reflections throughout the conference.


Free Downloads
Politics of Discourse in Mediation
Sara Cobb
An educational video for mediators or mediation students regarding the management of mediation "politics"


Videos & DVDs
Public Dispute Mediators
Profiles of 15 Distinguished Careers
Emily Sadigh and Ginette Chapman, Eds.
Cambridge, MA: PON Books, 2000


Books
Rebuilding the World Trade Center Site
An Exercise in Multi-Party Negotiation
Lawrence Susskind (featured)
Program on Negotiation and International Institute for Conflict Prevention and Resolution (2007)

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


Videos & DVDs
Religion and Nationalism in Northern Ireland
A Workable Peace Curriculum
The Consensus Building Institute and the Program on Negotiation at Harvard Law School
Cambridge, MA: PON Books (2008)

This Workable Peace curriculum unit helps students learn conflict resolution skills using the context of the conflict between Catholics and Protestants in Northern Ireland that led to the Good Friday Agreement.


Curriculum Packages
Rise of Organized Labor in the United States (The)
A Workable Peace Curriculum
The Consensus Building Institute and the Program on Negotiation at Harvard Law School
Cambridge, MA: PON Books (2008)

A Workable Peace Curriculum unit set in the context of the birth of the U.S. labor movements. Students explore the Homestead Strike and the Pullman Strike as a means of learning conflict resolution skills.


Curriculum Packages
Robyn & Luis
Jeswald W. Salacuse
Program on Negotiation, 2004

A short dramatized problem regarding a dispute between two corporate officers over the best way to improve company profitability


Videos & DVDs
Rosenberg v. Lincoln Landscaping
Pat Aaron
Three-person small claims mediation between a landscaping company and its client over a disputed bill and quality of service


Role Simulations
Saving the Last Dance
Mediation Through Understanding
Gary J. Friedman, Jack Himmelstein, and Robert H. Mnookin
Program on Negotiation & Center for Mediation in Law, 2001

A mediation training video illustrating the non-caucus "Mediation through Understanding" model [now available on DVD]


Videos & DVDs
Seoul Food in Urbana
David Eun and Bruce Patton
Three-person mediation involving representatives of local Korean and African-American communities over racial tensions arising from an alleged shoplifting incident; a city representative serves as the mediator


Role Simulations
Smithfield v. Rudfurd's Home Repairs
Pat Aaron
Three-person small claims mediation between a homeowner and repair company regarding unfinished roof repair


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


Role Simulations
Studies in International Mediation
Essays in Honor of Jeffrey Z. Rubin
Jacob Bercovitch, ed.
Palgrave MacMillan (2003)


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


Role Simulations
Third Side (The)
Why We Fight and How We Can Stop
William L. Ury
New York: Penguin, 2000


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


Role Simulations
Tucker Graphics, Inc. and Nihon Ichiban Technology
Sean Cote under the supervision of Abram Chayes and Antonia Handler Chayes
Three-person mediated or arbitrated settlement conference regarding a contract dispute between a U.S.-based graphics firm and a Japanese digital printer manufacturer


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


Role Simulations
Water Woes
Marjorie Corman Aaron and JAMS/Endispute
Three-person mediation between an architect and a real estate developer over responsibility and compensation for a major construction error


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


Role Simulations
When Talk Works
Profiles of Mediators
Deborah M. Kolb and Associates
San Francisco, CA: Jossey-Bass, 1994


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


Role Simulations
Woodstove New Source Performance Standard
A negotiated rule-making exercise
Steven Maser
Five- or six-person, multi-issue, facilitated negotiation among federal agency, state government, environmental, and industry representatives over the regulation of woodstove emissions; optional sixth role for industry association counsel


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


Role Simulations
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