Publications

Research Summary

Mediation and Alternative Dispute Resolution

By: Michael A. Wheeler

Disputes between organizations and among individuals are an all-too-familiar feature of modern life. Lengthy court proceedings consume resources, damage relationships, and often yield outcomes that do not fully satisfy the real needs of the litigants. As a result,... View Details

June 2001
Supplement

GE's Early Dispute Resolution Initiative (B)

By: Michael A. Wheeler and Gillian Morris

Early Dispute Resolution (EDR) has proved successful at GE. Yet, when Michael McIlwrath, new counsel at an Italian subsidiary, attempted to translate it to his company, problems arose. He had to gain internal acceptance, and explain the concept of early mediation to a... View Details

Keywords: Business Subsidiaries; Globalization; Lawsuits and Litigation; Organizational Culture; Performance Effectiveness; Problems and Challenges; Conflict of Interests; Complexity; Italy; New York (state, US)

June 2001
Case

GE's Early Dispute Resolution Initiative (A)

By: Michael A. Wheeler and Gillian Morris

GE's chief litigation counsel sought to rationalize litigation flow by viewing it as a manufacturing process. By applying the principles of Six Sigma, P.D. Villareal created an Early Dispute Resolution (EDR) system that enabled both lawyers and managers to work... View Details

Keywords: Corporate Governance; Governing Rules, Regulations, and Reforms; Lawsuits and Litigation; Six Sigma; Organizational Change and Adaptation; Problems and Challenges; Conflict and Resolution; Energy Industry; Technology Industry; United States

August 2020
Article

Trust in State and Non-State Actors: Evidence from Dispute Resolution in Pakistan

By: Daron Acemoglu, Ali Cheema, Asim I. Khwaja and James A. Robinson

Lack of trust in state institutions is a pervasive problem in many developing countries. This paper investigates whether information about improved public services can help build trust in state institutions and move people away from non-state actors. We find that... View Details

Keywords: Dispute Resolution; Lab-in-the-field Games; Legitimacy; Motivated Reasoning; Non-state Actors; State Capacity; Trust; Conflict and Resolution; Information; Developing Countries and Economies

May 1988 (Revised November 1990)
Supplement

Airbus vs. Boeing (C): Steps Toward Dispute Resolution

By: Malcolm S. Salter

Presents partial resolution of problem. Cites points still to be resolved in trade dispute between U.S. aircraft manufacturers and Airbus Industrie. To be used as a handout after discussion of the case. View Details

Keywords: Trade; Problems and Challenges; Conflict and Resolution; Aerospace Industry; United States

1997
Chapter

Fairness, Justification, and Dispute Resolution

By: K. A. Diekmann, A. E. Tenbrunsel and M. H. Bazerman

Keywords: Fairness; Conflict and Resolution

Article

Shadow of the Contract: How Contract Structure Shapes Inter-Firm Dispute Resolution

By: Fabrice Lumineau and Deepak Malhotra

This paper investigates how contract structure influences inter-firm dispute resolution processes and outcomes by examining a unique dataset consisting of over 150,000 pages of documents relating to 102 business disputes. We find that the level of contractual detail... View Details

Keywords: Governance Controls; Contracts; Rights; Negotiation; Conflict and Resolution; Power and Influence

October 2009
Supplement

ADR Choices Video (Alternative Dispute Resolution Vignettes)

By: James K. Sebenius and Michael A. Wheeler

Keywords: Media

April 2005
Article

Compensation Schemes and Dispute Resolution Mechanisms: Beyond the Obvious

By: James Sebenius, Ehud Eiran, Kenneth Feinberg, Michael Cernea and Francis McGovern

Keywords: Compensation and Benefits; Negotiation

01 Jun 2003
News

No Dispute Here

Associate Professor Michael D. Watkins has received the CPR Institute for Dispute Resolution’s 2002 book award for Breakthrough Business Negotiation: A Toolbox for Managers. He won the 2001 award as well for Breakthrough International... View Details

Keywords: Michael D. Watkins; Michael; Watkins; Publishing Industries (except Internet); Information

1983
Book

Resolving Environmental Disputes

By: Lawrence Bacow, Lawrence Susskind and Michael A. Wheeler

Keywords: Conflict and Resolution

December 2013
Supplement

Rough Justice: Stuart Eizenstat and Holocaust-Era Asset Restitution (B)

By: James K. Sebenius and Laurence A. Green

This case carefully traces the process by which Stuart Eizenstat handled the negotiation challenges outlined in "Rough Justice: Stuart Eizenstat and Holocaust-Era Asset Restitution (A)". It describes the outcome of the Swiss negotiations and briefly sketches... View Details

Keywords: Bargaining; Conflict Resolution; Disputes; Mediation; Dispute Resolution; Governance; History; Negotiation; Business and Government Relations; Banking Industry; Insurance Industry; Switzerland; Germany; Austria; France; Israel

December 1998 (Revised October 1999)
Case

Han Young Labor Dispute (A), The

Examines the evolution of a labor dispute at the Han Young maquiladora in Tijuana, Mexico. The dispute began over union representation at a 120-worker company, but soon escalated into a source of tension between the United States, Canada, and Mexico, and a test for the... View Details

Keywords: Agreements and Arrangements; International Relations; Labor Unions; Trade; Labor and Management Relations; Conflict and Resolution; Business and Government Relations; Canada; United States; Mexico

July 2024
Case

Negotiating in a Hurricane: John Branca and the Michael Jackson Estate

By: James K. Sebenius and Alex Green

When the "King of Pop," Michael Jackson, unexpectedly died in 2009, he left behind an estate that was over $500 million in debt, with largely illiquid assets, and legions of creditors poised to begin to seize assets in as soon as 60 days. The task of managing Jackson’s... View Details

Keywords: Bargaining; Dispute Resolution; Negotiation; Entertainment; Financial Management; Financial Condition; Assets; Music Industry

2016
Book

Negotiating the Impossible: How to Break Deadlocks and Resolve Ugly Conflicts (without Money or Muscle)

By: Deepak Malhotra

Some negotiations are easy. Others are more difficult. And then there are situations that seem completely hopeless. Conflict is escalating, people are getting aggressive, and no one is willing to back down. And, to top it off, you have little power or other resources... View Details

Keywords: Dealmaking; Diplomacy; Conflict; Dispute Resolution; Strategy; Conflict Management; Negotiation

April 2004 (Revised July 2008)
Case

Showdown on the Waterfront: The West Coast Port Dispute (B)

By: Kathleen L. McGinn and Dina R. Pradel

New technology underlies a protracted dispute between West Coast longshoremen and their employers. Severe economic consequences lead to government intervention in the dispute. View Details

Keywords: Economics; Negotiation Process; Business and Government Relations; Labor and Management Relations; Conflict and Resolution; Shipping Industry; Western United States

March 2005 (Revised August 2007)
Case

Aguas Argentinas: Settling a Dispute

By: Louis T. Wells Jr. and Alexandra de Royere

The French-owned Aguas Argentinas faces a demand from the Argentine government that it renegotiate its concession to operate the Buenos Aires water and sewage services. The company must decide whether to continue with efforts to settle on a new contract or to exercise... View Details

Keywords: Foreign Direct Investment; Contracts; Infrastructure; Privatization; Business and Government Relations; Conflict and Resolution; Business Strategy; Utilities Industry; France; Buenos Aires

April 2004 (Revised July 2008)
Case

Showdown on the Waterfront: The West Coast Port Dispute (A)

By: Kathleen L. McGinn and Dina R. Pradel

New technology underlies a protracted dispute between West Coast longshoremen and their employers. Severe economic consequences lead to government intervention in the dispute. View Details

Keywords: Economics; Negotiation Process; Business and Government Relations; Labor and Management Relations; Conflict and Resolution; Shipping Industry; Western United States

February 2013
Article

Learning from Roger Fisher

By: James K. Sebenius

Roger Fisher's career and writings not only offer lessons about negotiation but also about how an academic, especially in a professional school such as law or business, can make an important, positive difference in the world. By his relentless engagement in vexing... View Details

Keywords: Roger Fisher; Dispute Resolution; Bargaining; Negotiation