Litigation or Mediation – What Harvard Recommends

In an article from the Program on Negotiation blog from the Harvard Law School a link is shared to a publication entitled “Effective  Conflict Resolution Strategies to Avoid Litigation”.    This article summarizes key points from the publication related to this topic.  As an outline it suggests:

“Should you negotiate or litigate?” (The publication suggests areas of consideration including doing both)

     “Keep communication lines open

     Ask other parties to mediate

     Don’t lose sight of your underlying interests

     Understand your lawyer’s role and perspective

Dealing with Difficult People

     Build a golden bridge

     Listen to learn

     You don’t have to like them

Create value out of conflict

     Capitalize on shared interests

     Explore differences in preferences, priorities, and resources

     Capitalize on differences in forecasts and risk preferences

     Address potential implementation problems up front”

This nice concise seven page publication offers key points relative to anyone in a negotiation.   I suggest you download the article and consider the points made with any negotiation.

About the author

Mike Gregory is a professional speaker, an author, and a mediator. You may contact Mike directly at mg@mikegreg.com and at (651) 633-5311. Mike has written 12 books (and co-authored two others) including his latest book, The Collaboration Effect: Overcoming Your Conflicts, and The Servant Manager, Business Valuations and the IRS, and Peaceful Resolutions that you may find helpful. [Michael Gregory, ASA, CVA, NSA, MBA, Qualified Mediator with the Minnesota Supreme Court]