HNMCP Newsletter - Volume VII - Issue II
As the summer begins, I am feeling grateful for such a rich and fruitful year of conflict resolution pedagogy and practice.
Our one sadness is that the time has come to bid farewell to our dear colleague Chad Carr ’06, whose 3-year term as a Clinical Instructor comes to an end next month. Chad arrived at HNMCP at a turning point in the Clinic’s growth, and despite the struggles and joys that accompany big changes, he has remained steadfast and reliable throughout. His energy, good will, strategic thinking, fine teaching, and skilled project supervision have contributed enormously to the rapid growth and flourishing of the Clinic. Morevoer his perceptive eye and keen wit have kept us laughing all along the way. While we will miss him dearly, I am excited to see what Chad’s future brings!
At the same time I am delighted to welcome current Clinical Fellow Heather Kulp into her new role of Clinical Instructor. Heather will pick up where Chad leaves off, focusing on supervising and recruiting new clinical projects. Heather has been a tremendous asset to the Clinic over the past two years and I look forward to watching her grow in this new role. I am also pleased to announce that Sara del Nido ’13 will be stepping into the role of Clinical Fellow. Sara will work on special projects within the Clinic and will supervise Harvard Law School student organizations that focus on alternative dispute resolution. Sara is an alumna of the Clinic and I am delighted to welcome her back!
In other news, HNMCP worked on six exciting projects this past spring. Clinical Instructor Alonzo Emery ’10 and two students recently traveled to Beijing and Nanjing in the People’s Republic of China, where they worked with Renmin University Disability Law Clinic to examine how stakeholders involved in the education of students with disabilities can better manage disputes in this area and problem-solve around specific issues related to education access. Closer to home a student team partnered with Beth Israel Deaconess Medical Center to conduct a stakeholder analysis and assessment and make recommendations on patient representation models in the Communication, Apology, and Resolution (CARe) approach to resolving adverse medical events . These two projects underscore the wide range of conflict management and negotiation opportunities HNMCP offers our students.
Other wonderful events this spring semester included a visit to the “Negotiation Workshop” class by Grande Lum ’91, who was appointed by President Obama as Director of the Community Relations Service at the U.S. Department of Justice in 2012. Additionally, we were excited to participate in events around the Program on Negotiation’s 2014 Great Negotiator Program. This year’s award went to Ambassador Tommy Koh of Singapore, and I’m particularly grateful to Ambassador Koh for agreeing to lead a brown bag lunch with students in our negotiation curriculum. In March we were very happy to sponsor and participate in the Harvard Negotiation Law Review annual symposium, “Political Dialogue and Civility in an Age of Polarization.” And finally, we’ve again expanded our social media spaces to include Twitter. Follow me @bobbordone and the Clinic @HNMCP.
Thaddeus R. Beal Clinical Professor Director, Harvard Negotiation & Mediation Clinical Program
Beth Israel Deaconess Medical Center (BIDMC) is one of the nation’s preeminent academic medical centers. It has adopted the Communication, Apology, and Resolution (CARe) approach to resolving adverse medical events. This spring, HNMCP assessed how well patients are represented in this process and suggested various options for ideal models of representation.
Read more here about the BIDMC Project.
Prison Fellowship (PF) partners with the local church and nonprofit organizations to meet the spiritual, physical, and personal needs of prisoners and their families. PF is launching a Wardens Program designed to help prison managers become transformational leaders in the moral rehabilitation of inmates. PF asked HNMCP to help it develop a consensus building process for wardens and other stakeholders in the reform of prison culture (e.g. legislators, Directors of Corrections, Governor’s offices, inmates and the public).
Read more here about our project with Prison Fellowship.
HNMCP, the Harvard Project on Disability, and the Renmin University Disability Law Clinic in Beijing continued a relationship that began in the spring of 2012. In this semester’s project, the HNMCP team examined how stakeholders involved in the education of students with disabilities can better manage disputes in this area and problem solve around specific issues related to education access. They conducted a stakeholder assessment and conflict analysis, leading to the development of a consensus building curriculum and report.
Read more here about the Renmin project.
In 2008, Tuesday’s Children—an organization created to promote healing for those directly affected by September 11—founded Project COMMON BOND (PCB) to bring together teens from around the world who share a “common bond” of family loss in an act of terrorism, violent extremism, or war. As PCB entered of period of mission review, it wanted to think through a more supportive integration into Tuesday’s Children. HNMCP conducted a stakeholder analysis, made recommendations, and facilitated a consensus building process to help both organizations move forward in a productive way.
Read more here about our second project with Tuesday’s Children.
A complex framework of legally binding treaties and less formal agreements governs water sharing and use in Central Asia. The Department of State hopes to facilitate dialogue among the region’s stakeholders. HNMCP students examined legal and non-binding frameworks governing water use in the region, reviewed and recommended best practices, and recommended strategies towards a facilitated dialogue to address cooperation, mutual learning and coordinated action to build sustained legal relationships among stakeholders.
Read more here about the State Department project.
WestJet is a company of more than 9,000 employees flying one of the youngest fleets of Boeing 737s to over 80 destinations. Although WestJet employees are not unionized, the organization conducts interest-based bargaining with several of its work groups to collaboratively determine conditions and wages. HNMCP students conducted a stakeholder analysis around recent negotiations, and made recommendations for how to enhance effectiveness moving forward.
Read more here about the WestJet project.
HNMCP: Anna, you’ve twice been a teaching assistant for the flagship course “Negotiation Workshop.” You’ve taken both “The Lawyer as Facilitator” and the “Multiparty Negotiations” workshops as well as the Negotiation & Mediation Clinic (HNMCP). You’ve been a member of the student practice organization Negotiators. All this indicates a fairly deep interest in alternative dispute resolution. What is it about this work that peaks your interest?
Anna Gressel: My curiosity about alternative dispute resolution began before I arrived at HLS, borne out of my experiences working on international development and legal reform initiatives. I had spent a number of years abroad between college and law school, first on a Fulbright Fellowship researching reforms to the family code in Morocco and then later working on international development projects in Sierra Leone and Morocco. Throughout these experiences, I was particularly interested in how people exert pressure to create meaningful legal reform.
Prior to returning for law school, I was living in Morocco when the Arab Spring started to spread across North Africa. Some countries had proposed political and legal reforms as a way to appease protesters; however, people felt disenfranchised and frustrated that their concerns had not been heard through this process. I really did not know anything about alternative dispute resolution at the time, but I became curious about dispute systems design—and, in particular, about the idea of involving stakeholders in the design process itself. As I arrived at HLS, I wanted to better understand how countries could utilize alternative dispute resolution mechanisms to empower people to manage conflicts both inside and outside of formal legal structures.
HLS ended up being the perfect place for me to explore these interests. I remember sitting in the first day of the Negotiation Workshop, listening to Professor Bordone list all of the course offerings on negotiation and alternative dispute resolution at HLS, each focused on a different dimension of conflict management, and I wrote down in my notebook, “take every course!” My understanding of the importance of alternative dispute resolution has grown exponentially as I have thrown myself into these courses—from the Clinic to the advanced workshops on Multiparty Negotiation and Facilitation—and each has allowed me to develop a new skill set for managing conflict. As my effectiveness grows, so does my sense of possibility for the impact I can have in my future work.
HNMCP: So you knew early on that of all the clinic offerings, you’d choose HNMCP?
AG: Given my interest in conflict resolution and systems design, it seemed like a perfect opportunity to further develop these skills through client-based projects. My particular project focused on analyzing legal claims brought against New York City and suggesting ways that the City could decrease the costs associated with resolving those claims. With my partner Jon Enfield ’14, I conducted a study of the current means for resolving or disposing of claims, which involved a series of interviews with a wide variety of stakeholders. We then created a series of recommendations for how New York City might decrease their costs by further integrating alternative dispute resolution mechanisms into their claim resolution processes. We ultimately presented our findings to our client and other key stakeholders.
The Clinic was particularly useful in learning how to analyze an entire system for resolving conflicts and trying to figure out how that system might be improved through the addition of alternative dispute system mechanisms. I also appreciated that the Clinic explicitly helped us to develop effective team communication, conflict resolution, and problem-solving skills. At each stage of the clinic, we were asked to reflect on the ways in which we personally had contributed to these dynamics, and how we might improve our teamwork or our client relationships moving forward. These lessons also dovetailed nicely with the lessons from the Multiparty Negotiation Workshop that I was taking in the same semester, which focused on how to maximize group and team decision-making.
As a result of the Clinic and Multiparty course, I have become particularly interested multi-party negotiations and group decision-making. To this end, I spent much of my 2L and 3L years writing “The Hesperia Seed Initiative,” a multiparty negotiation case focusing on some of these challenging dynamics, which was a highlight of my time at HLS.
HNMCP: What did you learn about yourself working on your project and in your various classes?
AG: One of the most important lessons that I have learned through the Clinic and my classes is that we have a choice about how we engage with and resolve conflicts, whether in our personal lives, our workplaces, or our societies. As I have built skills in various courses, I better understand the role that I can play in these conflicts and I am more effectively positioned to shift these dynamics when necessary.
To this end, one of the most valuable courses I took while at HLS was the new Lawyer as Facilitator Workshop. I had previously learned some facilitation skills as a Negotiation Workshop teaching assistant, but this course helped broaden my perspective on what it means to take on a facilitator role and help groups grapple with difficult issues. Following the completion of this course, I helped Harvard Negotiators spearhead an initiative called “Negotiating Identity in the Workplace.” This series of speaker events and facilitated dialogues endeavored to create a space on campus for dialogue around identity conversations in the workplace. Our student facilitators had all been trained through the Lawyer as Facilitator course, and this series presented an opportunity to put our skills into action in both designing and implementing this initiative.
Reflecting back on my experiences in the Clinic, in my courses, and especially as a teaching assistant for the Negotiation Workshop, I am struck by the community at Harvard that is dedicated to examining the interpersonal and institutional causes of conflict. This community is comprised of people with different substantive passions who will follow truly diverse paths after law school. Yet, each is committed to the idea that we can do better to manage and resolve conflict in our societies. I feel very appreciative of HNMCP for creating a home for this community, and for providing us with the tools to do this work after law school.While at Harvard Law School, Anna had the pleasure of being a Negotiation Workshop Teaching Assistant during the spring of her 2L and 3L years, and she was a three-time teaching assistant for the Harvard Negotiation Institute summer executive education course. Anna took the HLS “Multiparty Negotiation” and “Facilitation” Workshops, and in her project with the Harvard Negotiation and Mediation Clinical Program, she worked with New York City Council Member Daniel Garodnick. Anna will join Debevoise & Plimpton, LLP in her hometown of New York City this fall.
Eva Gordon Armour: Seeds of Peace aims to inspire and equip new generations of leaders from communities in conflict with the relationships, understanding, and skills needed to advance peace. We have a growing network of more than 5,000 alumni, primarily from the Middle East and South Asia, and are always looking for ways to partner with institutions or individuals who have expertise in key areas of conflict mitigation and peacebuilding. The work of the Clinic seemed an obvious fit for our needs of both providing further education and skills to graduates of our summer camp, as well as piecing together a better understanding of how peacebuilding organizations in the region might work together more effectively.
For the training projects we were looking for students at the Clinic to use their knowledge of negotiation and mediation to develop and deliver a basic skills training to our youth leaders. Clinic students first developed a training specific to Israeli and Palestinian youth, delivered over three days in Jerusalem. Two years later, a new team developed an advanced training specially tailored to a cohort of emerging Afghan, Indian, and Pakistani professionals. We were looking for skills training and enrichment, but in contexts that would resonate with both the ages and regions of the participants. We are also making the training curriculum available to others working with youth in these regions.
We were also eager to better read the landscape of peacebuilding organizations dedicated to resolution or transformation of the Israeli-Palestinian conflict, and the extent to which these organizations were collaborating to better both their individual and collective impact. As a player in the field, we needed independent research and analysis, particularly around opportunities and recommendations for increased cooperation. A third project culminated in a workshop in Bethlehem, offered to members of the nearly 30 organizations that were interviewed for the study.
HNMCP: What were the most important issues you wanted us to address in our projects with you?
EGA: The most important issues for the mediation and negotiation trainings were to develop methods for teaching skills that could be used in everyday life, in dealings and interactions both within and between their societies. The training was more experiential and practice-oriented than lecture-style as a result. It was also designed directly and specifically for those living in the Middle East and South Asia so that it could be applied in that context.
For the peacebuilding NGO study, it was crucial to have a large and diverse enough sample size for the findings to be meaningful. Participants needed to be willing to partake in the process and to be receptive to the results, and it was important to us to build in a mechanism for the peacebuilding community to come together to workshop ways to utilize the recommendations and strategies proposed by the students.
HNMCP: What have you seen as some of the challenges for Seeds in the projects?
EGA: In any training, there is always the challenge of applying techniques and tactics outside the classroom. After the first training in Jerusalem, we decided to bring the group together one month later so they could share their experiences trying to use what they learned and get feedback and guidance from their peers. This year we will also add meetings with their senior members of their political negotiating teams so they can link the knowledge gained during the training to that context and the peace process as well.
With respect to the peacbuilding NGO study, I’m reminded of the saying, “you can lead a horse to water but you can’t make it drink.” While we were able to get nearly 30 interviews from organizations, and even a researcher and donor involved in the field, It was a struggle to bring the community together locally in order to build off the findings—even in ways that stood to benefit the individual organizations themselves. Ironically, this points to one of the study findings, which is that there is a very real deficit of trust and sense of fragmentation within the community itself.
HNMCP: What was fun and interesting for you in the projects?
EGA: The best part of working with the Clinic is the spirit, creativity, insights and dedication that the students bring to each project. They are thoughtful, professional, and add their unique perspectives to the challenges we face. Neither the mediation and negotiation trainings nor the peacebuilding study would have been nearly as strong if we had attempted them on our own. In addition, the faculty supervisor, HNMCP Director Bob Bordone, has been both gracious with his time and highly involved to ensure that both the students and organization benefit from each project. There is a very real sense of caring about the issues, people, and contexts at hand and an obvious commitment to ‘getting it right.’ I can say in all honesty that each project has been a joy.
HNMCP: What were the attractions of working with students? What concerns did you have?
EGA: It was great to have both the enthusiasm and diligence of students. I was a little concerned that there would be a lack of familiarity with the countries or contexts in which we work, but in each case the students demonstrated a desire to learn and understand. It was clear that they truly cared.
HNMCP: What tangible results have you seen unfold for Seeds as a result of the projects?
EGA: The training has become a mainstay of our program line-up and is easily one of our most popular activities each year. One Palestinian participant reported,“Since the program, no conversation has been the same. I’m able to reach a middle ground without anyone feeling as though they are on the losing side. The program made me rethink everything I do.”
We are also still exploring ways to build off the findings from the peace NGO study, including the possibility of designing two local events that would speak directly to the needs expressed by the organizations involved.
HNMCP: What else would you like to share about the experience of working with HNMCP ?
EGA: Working with the Clinic has not only been a massive support to Seeds of Peace, but produced high-quality deliverables that we have been able to make available and useful to others in the field. We are grateful to both the students and to Bob for going above and beyond the classroom to bring their skills and minds to the work we do.
Eva Gordon Armour is currently the Director of Global Strategy and Programs for Seeds of Peace, and is responsible for oversight of all local programs in the Middle East, South Asia, and United States as well as overall programmatic strategy and growth. She began her journey with Seeds of Peace fourteen years ago as a counselor at the International Camp in Maine and has since held positions designing and implementing programs out of the New York and Middle East offices. She received her Masters degree in International Educational Development from Columbia University, and her undergraduate degree from Tufts University. Eva was a featured as an up-and-coming leader and changemaker in Le Figaro and in Change-Makers: Social Venture Specialists Changing the World by Nana Watanabe.
For over a decade, the OneVoice Movement has been empowering and mobilizing communities in Israel and Palestine to propel their leaders toward the two-state solution. We have succeeded in building a grassroots network committed to that goal, and on March 30, we will be launching one of our most innovative campaigns to date, designed to reconnect young Israelis to the peace process by highlighting the concrete improvements that an agreement will bring in the economic issues that matter most to them—the cost of living, affordable housing, and education. . . .
To inform implementation of our vision, we partnered with the Harvard Negotiation and Mediation Clinical Program to conduct a stakeholder assessment across civic, economic, political, and religious institutions in Israel, Palestine, and internationally that are working to end the conflict. This groundbreaking study revealed five key opportunities for cross-sector peacebuilding.To read Daniel’s full article, please visit the Skoll World Forum. .
In a world that is growing ever more complicated, the consequences of our choices—what we buy, how we travel, what we prioritize, what we conserve—have become more and more far-reaching. The debate about how to address climate change is at the center of the tension between humanity’s ever-growing material needs and our knowledge that our world is small, finite, and with limited capacity to absorb the effects of our choices. Views on how to combat climate change run the gamut from outright denial of climate change’s existence, to insistence that we must quickly put the brakes on our fossil-fuel dependent lifestyles in order to avert the end of the world as we know it.
While the issue of fossil fuel divestment started merely as hushed whispers on the fringes of the climate change debate, it has now taken center stage due to the work of environmental activist Bill McKibben, and the thousands of college students around the country that follow his work and are pushing for their educational institutions to divest from fossil fuel companies. As a result of this burgeoning movement, over the past two years many organizations have emerged to help students and community members advocate for divestment. One such organization is the Better Future Project (BFP), which operates locally in Massachusetts in collaboration with the Massachusetts branch of 350.org.
While organizations like BFP and 350Mass have made progress in advocating for divestment, BFP created a project with the Harvard Negotiation & Mediation Clinical Program focused on improving its affiliates’ negotiation and communication skills. Thus, during the Fall 2013 semester, Alex Civetta ’15, and our clinical instructor Chad Carr, and I dove headfirst into the complicated and passionate debate surrounding divestment from fossil fuel companies.
In creating a workplan for the semester, our clinical team and BFP decided to first focus on creating a conflict assessment; an in-depth look at the various perspectives regarding divestment, informed by hours of interviews with student and community activists, endowment professionals, and college/university administrators. The assessment strove to uncover the interests of involved parties, and identify both hurdles and opportunities for moving the conversation forward.
From there, the clinical team utilized the insights gained through the conflict assessment to build a custom negotiation and communication skills training for BFP affiliates. We led a training in November 2013 for a group of student and community divestment activists. The training focused not just on delivering the core concepts of negotiation theory, but also on recognizing the importance within activism for a balancing act between empathy and assertiveness.
The training created a learning experience for all involved, including ourselves. “All in all, it was a wonderful experience. There’s something about building a curriculum like that from the ground up that was incredibly satisfying,” my partner, Alex, noted.
Moreover, it was an opportunity for us to reinforce our understanding of the negotiation theory we’d been studying, first in the Negotiation Workshop and then in the Clinic. It helped us put theory into practice in a meaningful way. “The greatest satisfaction,” continued Alex, “came from seeing some of our participants start to really engage with the material and generate ideas for how it could be used to improve the dialogue on their respective campuses.”
Feedback from the training was quite positive, leaving us satisfied with a job well done. I am so happy to have been a part of this project, not only to continue working with the substance of negotiation theory, but to share it with a community of people that are working on climate change, a topic that will have a huge impact on our society. As clinical students, we can’t change the world in one semester, but by doing work like this we give other people the tools to change the world in their own ways.
On March 1, 2014, the Harvard Negotiation Law Review (HNLR) proudly presented the symposium “Political Dialogue and Civility in an Age of Polarization,” a full-day conference on overcoming today’s political polarization using ADR principles.
The symposium featured three panel discussions involving prominent academics, dispute resolution experts, and political practitioners from around the country. The first panel, “Political Discourse, How It Has Changed, and Why It Is the Way It Is,” gave an overview of how the current challenges came to be, and how pressures on politicians have changed the legislative atmosphere over time, weakening bipartisan relationships and shifting election laws toward redistricting and gerrymandering to influence polarization. Moderated by Nancy Welsh, this discussion included Jim Flug, Peter Ambler, and Tom Bonier. To provide an ADR perspective the response panelist, Professors Robert Bordone and David Matz, addressed how actors could help shape civility and overcome structural barriers to negotiation by being more aware of politicians’ electoral interests and framing the conversation away from the win-lose dichotomy.
The symposium’s second panel, “Overcoming Challenges to Civil Dialogue,” explored technological, geographical, and ideological issuesthat affecting political discourse. Featuring Jonathan Zittrain, Frances Kissling, and John Allen, with Robert Bordone and Amy Cohen as response panelists, the panel reflected on the variety of ways people relate to the perceived “other”: through tribalist rivalry, through face-saving maneuvers, through values-driven demonization. Some possible solutions offered included creating connection with the “other” through casual interpersonal relationships before tackling big issues, humanizing the “other” by searching for shared interests outside the central contested issue, and increasing acceptability of resolutions through a legitimacy-ensuring process.
The third panel of the symposium, “What Worked: Practical Strategies for Loosening the Gridlock,” discussed ways in which panelists have used their ADR knowledge and skills to help political actors bridge partisan divides or to find creative solutions to political challenges. From their on-the-ground experience managing political conflict, the panelists touched on many of the themes and questions that had arisen earlier in the day. This panel featured Laura Chasin, Carolyn Lukensmeyer, and Michael Ostrolenk and was moderated by Heather Kulp.
The symposium culminated with a keynote talk by National Public Radio’s “On Being” radio host and author, Krista Tippett. Tippett’s talk connected the conversations of the three panels by thinking through the challenges of contemporary issues—from the reimagining of authority, community, and leadership to the divided perspectives on such polarizing issues as when life begins and ends. Interweaving conversations from her radio show throughout her keynote, Tippett stressed that “words have the force of action” in fostering productive dialogue. The symposium ended on a hopeful note with a call to engage new encounters, approaches, and conversations with an open mind.
HNLR has posted video recordings of each panel and additional information about the Symposium for public viewing.
HNLR is very grateful for the support of the Harvard Negotiation and Mediation Clinical Program and other co-sponsors who made the Symposium possible: Milbank Tweed, the Program on Negotiation at Harvard Law School, Triad Consulting Group, Ki Thoughtbridge, and the Consensus Building Institute.
The Harvard Mediation Program (HMP) Training Corps prepares and presents basic mediation training for new HMP members each semester. It is a team of seven enthusiastic HMP mediators that work collaboratively to make the training as effective as possible. I joined the Training Corps as a way to continue learning about mediation, to get to know more of the HMP community, and to step outside my comfort zone. The idea of facilitating discussions and presenting in front of large groups has always made me nervous, but I want to develop those skills and I couldn’t have picked a better opportunity. The HMP Training Corps is more encouraging and supportive than I could have imagined.
The Training Corps is a mix of HMP members that are students at HLS or from the local community, all with different styles, strengths, and challenges. Throughout the preparation for the training, there are many opportunities to get feedback on everything from the content of the presentations and planned activities, to presenting tips like effective use of space and body language. Staff from the Harvard Negotiation & Mediation Clinical Program and the “Negotiation Workshop” hold “Train the Trainers” sessions, where they share great tips about crafting engaging and creative presentations. Members of the Corps then practice what they’ve learned to hone their teaching.
One of my challenges was to appear confident and relaxed while presenting. My co-presenter noticed that I seemed more comfortable speaking conversationally and improvising while she preferred to have a prepared script. We were able to tailor our teaching module to our strengths while working to improve our weaker skills.
It was interesting to be on the inside of the training development process. So much thought goes into choosing which activities are best for teaching each mediation skill, presenting for a variety of types of learners, and preparing for challenges. Brainstorming and problem-solving are done with a lot of mutual respect and patience; I think we all used our mediation skills during the process.
Actually teaching new mediators at the Basic Training was the most rewarding part of the experience. The trainees all approach mediation from different perspectives. They bring with them all of their life experiences and their specialized knowledge in topics ranging from psychology to business. It is remarkable to watch how their mediation skills develop over the course of the two weekends. One of my goals was to encourage the trainees to ask questions and to engage with the various skills we were teaching. The more we delve into the tough questions, the more we gain an appreciation for mediation as a skill set that continues to develop over time. Facilitation and training are very similar in that way; my experience on the Training Corps gave me the foundation and encouragement to continue to explore and grow.
I think about the basic training as a type of language immersion program. The content presented gives trainees the necessary tools to begin mediating, but a lot of the learning is happening through their participation in activities and role plays throughout the two weekends, and even subconsciously through observing the Training Corp members who use mediation techniques while presenting and facilitating.
During the training, I gained a new appreciation for the power of transparency and teamwork. I became much more effective as I allowed myself to share my thought processes and to draw on the strengths of my co-presenters. These are skills that I know will be useful in any collaborative environment. I would encourage HLS students to consider joining the HMP Training Corps—especially if the idea makes you nervous!
Above all, HMP is a wonderful community and I really enjoyed getting more involved. Meeting the new members of HMP and helping to introduce them to something that I really love was a highlight of my 1L year. I am looking forward to more training this Fall!Lisa Fitzgerald ’16 received her B.A. in Health Policy from Brandeis University.Before coming to law school, she worked for three years as Director of the Integrated Medical Center of Norwalk, CT, and as a certified victim advocate with the Domestic Violence Crisis Center. Currently, Lisa is a mediator and member of the Training Corps with the Harvard Mediation Program and a volunteer facilitator with Communities for Restorative Justice in Concord, MA.
As a Clinical Fellow with HNMCP, Sara will work on special projects within the Clinic as well as with Harvard Law School student practice organizations that focus on alternative dispute resolution.
Sara graduated from Harvard Law School in the spring of May 2013, after completing a clinical project with HNMCP and Harvard Vanguard/Atrius Health. She and her teammate, Hema Patel ’13, designed an effective communication protocal for medical chiefs and directors to have difficult conversations with their direct reports—both physicians and staff—to hold them accountable to performance outcomes. Sara and Hema then created and delivered a series of trainings to this constituency.
“I couldn’t be more excited about this unique opportunity to work on the cutting edge of a field that I feel passionate about,” says Sara. “Particularly as a former participant in the clinic, I know how impactful this innovative program can be for students’ lives and careers, and it is an honor to now have the chance to contribute to this fantastic team.”
Sara’s interest in alternative dispute resolution (ADR) began early. After graduating from Dartmouth College, Sara served as a Research Associate for Brian J. Hall at Harvard Business School, writing case studies, building and delivering a creative negotiation-focused curriculum, and developing scholarly work with Prof. Hall around dispute resolutions systems and how they can be deployed within organizations. While a student at Harvard Law School, Sara was deeply involved in the ADR community, serving as: Advanced Training Director for the Harvard Mediation Program; as Research Assistant to Prof. Robert Bordone at the Harvard Negotiation & Mediation Clinical Program; and as Online Executive Editor for the Harvard Negotiation Law Review.
“Sara’s choose-to-help attitude, her creativity, and her long-term, deep interest in our field will be a huge asset for HNMCP and our students,” enthuses HNMCP Director Prof. Robert Bordone. “I am delighted to welcome her to our team.”
Sara was a summer associate at Bingham McCutchen LLP and has interned with the Hon. Denise Jefferson Casper in the U.S. District Court, D. Mass, at the U.S. Department of Housing & Urban Development in the Litigation Unit, with the Program on Negotiation at the Harvard Law School, and with the Community Dispute Settlement Center in Cambridge, MA. She served as a fellow at the Center for the Study of the Presidency, where she authored a paper on President Carter’s mediation of the Camp David Accords, for which she won the Marron Award for Best Historical Analysis. She has also published several cases with the Harvard Business School.
Effective July 6, 2014, Heather Kulp begins her appointment to the role of Clinical Instructor at the Harvard Negotiation & Mediation Clinical Program. Heather’s main work will focus on supervising clinical students and recruiting new clinical projects.
For the past two years, Heather has served HNMCP’s first Clinical Fellow, advising student organizations related to dispute resolution, including Negotiators and the Harvard Negotiation Law Review. She has conducted research and revised case studies, lectures, and readings to support the pedagogy of the Clinic and related courses, as well as developed approaches to teach new skills, including facilitation. She has also helped cultivate new clients for clinical projects.
“During my two years as HNMCP’s Clinical Fellow, I benefited greatly from seeing students and instructors engage in deep learning together,” says Heather. “Practicing conflict management skills helps HLS students reshape conflict in their professional and personal lives. Now, as an Instructor, I am honored to play a more significant role in such transformations. I’m also thrilled to continue working with the committed team at HNMCP.”
Before joining HNMCP, Heather was a Skadden Fellow with Resolution Systems Institute/The Center for Conflict Resolution in Chicago. There, she partnered with courts and government agencies to develop small claims, foreclosure, and other mediation programs for low-income litigants. She consulted with multiple states, the Uniform Law Commission, and the Department of Justice about best practices in foreclosure mediation. As a conflict resolution and not-for-profit consultant, Heather has assisted a variety of groups and individuals, including universities, social justice NGOs, bar associations, and arts organizations. Her work has been published by ACResolution Magazine, the American Bar Association Dispute Resolution Section, the Arkansas Law Review, Cardozo Journal of Conflict Resolution, the Chicago Tribune, the Illinois State Bar Association, the Los Angeles Times, the Minneapolis Star-Tribune, Pepperdine Dispute Resolution Law Journal, Property and Probate Magazine, and Wipf & Stock.
“Heather has been a tremendous asset to our work at HNMCP,” notes HNMCP Director Prof. Robert Bordone. “I am delighted that she has earned a promotion to Clinical Instructor. I look forward to the contributions she will make in the years ahead.”
Heather is a graduate of Northwestern University School of Law and Saint Olaf College. Prior to attending law school, she founded and directed a not-for-profit alternative magazine for young women, Alive Magazine.
Grande Lum: Director of the Community Relations Service at the U.S. DoJ, Lectures in the “Negotiation Workshop”
Thousands of people filled Oakland’s downtown square. Protesting the shooting of Oscar Grant III, an unarmed young black man, by a Bay Area Rapid Transit police officer, the group was becoming increasingly agitated. One of the Department of Justice’s Community Relations Service (CRS) conciliators was on the scene, getting a feel for the crowd and determining how best to reduce the hostility.
Then a bus—with people inside—passing through the area began to rock.
It is tense moments like these in which CRS conciliators find themselves. The conciliators must choose how to react in the moment to prevent civil unrest from spiraling into violence. Grande Lum ’91, a Harvard Law School and “Negotiation Workshop” alumnus appointed as Director of CRS by President Obama ’91 in 2012, helps these conciliators make such decisions. He also has the opportunity to set the vision for CRS’ ongoing work in containing community conflicts and creating sustainable conflict management systems. Yet, the job responsibility he enjoys most is sharing the good work of CRS with others. On April 16, Lum did just that during a brown bag lunch talk, then as the guest speaker in the “Negotiation Workshop.”
“As a law student,” reflects student Deanna Parish ’16, “It is reassuring to know that not only is there is a place for the theories of the ‘Negotiation Workshop’ in the practice of the legal profession, but that these teachings can be at the center of resolving some of society’s most complex and entrenched conflicts.”
The Community Relations Service was established by the Civil Rights Act of 1964 to help prevent and resolve community conflicts related to racial and ethnic tension. With the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009, CRS’ mandate expanded considerably to include prevention of and response to hate crimes committed on the basis of gender, gender identity, sexual orientation, color, religion, disability, and national origin, along with race and ethnicity. To accomplish its mandate, CRS has a small staff of 60 employees, 35 of whom are conciliators, spread across 15 offices. CRS conciliators are sent into situations of current or recent unrest triggered by one of the categories mentioned in the relevant laws. For instance, CRS’ first responsibility was to negotiate a non-violent truce between Martin Luther King and Alabama law enforcement. Conciliators met with Sikh and other community leaders mere hours after the 2012 gudwara shooting in Oak Creek, Wisconsin. CRS conciliators also facilitated negotiations between Florida Governor Rick Scott and protestors of Florida’s Stand Your Ground law who staged a sit-in at Scott’s office. Using negotiation and mediation skills, they work with the community to contain, resolve, and prevent violence.
Conciliators are not only crisis specialists; one of CRS’ other responsibilities is dispute systems design. After a conflict is contained, conciliators partner with local non-profits, neighborhood associations, police officers, and others to create “continuing sustained dialogue” around challenging issues. Lum sees this as a “fundamental tool” for all conciliators because “an actual incident releases what’s going on deeper in a community” in systems like social services, education, and the police. “If all we do is chase these situations, what are we changing over time?”
His intervention, prevention, and management work has challenged Lum to exercise his “off-hand,” a basketball term for a player’s weaker side. He used the analogy to encourage students to continue expanding their communication skills toolbox long after they leave “Negotiation Workshop.” Lum highlighted the “Negotiation Workshop” lessons he has used in practice—and not just as a mediator, conflict management consultant, or CRS Director. He related the story of his Senate confirmation process, where he reframed many of his answers in ways that met the senators’ interests. He also discussed how he uses the Difficult Conversations framework to bring up issues with his supervisors or supervisees. The most frequently employed skill he gained from “Negotiation Workshop,” though, is active listening. So few people feel heard, so whether a lawyer is in the office or in the midst of protesters, actively listening can change relational dynamics for the better.
“It was an absolute treat to welcome Director Lum back to Harvard Law School 20 years after he took the ‘Negotiation Workshop,’ enthused Bob Bordone, Thaddeus R. Beal Clinical Professor and course head for the workshop. “Seeing the way the course impacted the trajectory of his career was inspiriting for both the students and for me.”
The transferability of “Negotiation Workshop” skills is good news for the students listening to Lum. After the workshop, many students express interest in entering the dispute resolution field. Yet Lum sees a trend in the legal field generally that will allow any future lawyer to advocate for more collaborative processes.
“I do see a paradigm shift,” he assured students. “You can take any job and make it more of a dispute resolution job.” There are certainly enough conflicts—in communities, in offices, in the world—that need problem-solving lawyers like Grande Lum.
by Davida Shiff ’15
Winners of Harvard Law School’s 61st Williston Negotiation Competition, Harvard’s annual contract negotiation and drafting competition for first-year law students, were announced on Monday, April 14, 2014.
The 2014 winners are:
Best Contract Overall: Albert Chen, Petra Plasilova, David Victorson, and Ilan Stein
Best Representation of Hanford School of Law: Jonathan Holbrook and Thomas Chapman
Best Representation of Committee on Outside Activities: Andres Caicedo and Alice Nofzinger
The Williston Competition presents participants with a complex business problem and charges them with representing a client in negotiations. The goal is to arrive at an agreement and reduce that agreement to writing. This year, 68 students participated.
Over the course of a week, students representing the Hanford School of Law and a group of Hanford professors negotiated and drafted contracts related to the professors’ abilities to engage in online teaching endeavors. Congratulations to all participants!
The new role play Set Sale! debuted this spring in the HLS Negotiation Workshop, receiving an enthusiastic response. Chad Carr, author and lecturer on law at HLS, reported, “Students really seemed to enjoy negotiating the case. There was a lot of energy in the room and students were very animated in their assessments of the climbing or plummeting value of the artwork, depending upon the side they represented.”
Carr wrote Set Sale! to be the inaugural exercise in the Spring Negotiation Workshop. It exposes students to core concepts in negotiation theory and negotiation role-playing techniques and provides a foundation for the rest of the essential skills taught during the Workshop.Read the full article about using Set Sale! in the classroom on the HLS Case Studies blog. Visit the Harvard Law School Case Studies website for pricing and more information. .
- In February the Harvard Law School Library hosted a faculty book event to discuss the recent release of “Critical Decisions in Negotiation,” a new 3-DVD set created by Clinic Director Bob Bordone, former HNMCP Associate Toby Berkman ’10, and HNMCP Clinical Instructor Chad Carr. Prof. Bordone was joined by Mr. Carr and Harvard Business School Professor Michael Wheeler LLM ’74 in a discussion of this teaching tool. The set features lawyers and professionals from the Boston area role-playing an unscripted negotiation, the creation of which was motivated by the desire to provide more demonstrations of negotiations to students. “Critical Decisions in Negotiation” is available for purchase at The Case Studies website. You can watch the panel on our website.
- Also in February, Prof. Bordone and Sasha Pippenger ’15 presented a day-long workshop through Harvard’s Center for Workplace Development in the Leadership in Action Program.
- Over spring break Prof. Bordone delivered a three-day negotiation workshop for Jus in Norway. He has been delivering this training since 2003 with Tristan Jones HKS ’03.
- In March, Prof. Bordone was invited by Donna Chiozzi, former director of Harvard Law School Alumni Affairs, to give a talk on negotiation principles and common negotiator mistakes to the Harvard University Retiree Association.
- In June, at the invitation of the Dean of Harvard Law School, Prof. Bordone will be co-presenting to HLS faculty on the topic of race issues and teaching in the classroom.
David Newman ’12 has been working for New York University’s Stern School of Business Professor Jonathan Haidt at EthicalSystems.org and will be starting a PhD in Organizational Behavior this fall. He has published his first novella, in what he hopes will be a three-book series, at the Kindle story. Best of luck, David!
Dimitrious Efstathiou ’06 welcomed two new family additions, Emi and Cadmus, this past fall. Congrats Efstathiou family!
Anna Spain ’04, Associate Professor at the University of Colorado Law School, was awarded the 2014 American Society of International Law’s Francis Lieber Prize. This prize is awarded for outstanding publications in the field of law and armed conflict. Her article, “The U.N. Security Council’s Duty to Decide,” was published in the Harvard National Security Journal in May 2013. Terrific news, Anna!
Hansel Pham ’03 writes, “I am still practicing international arbitration at White & Case, and I am constantly using the skills (especially preparation) that I learned from you in the Workshop and beyond.”
Former Clinical InstructorJeremy McClane ’02 will start his new tenure-track position as Associate Professor of Law at the University of Connecticut this fall. We couldn’t be happier for the students of UConn, who will be benefiting from the tremendous teaching skills of our former colleague.
Former Clinical Instructor Stephan Sonnenberg ’06, now Clinical Supervising Attorney and Lecturer on Law at Stanford Law School’s International Human Rights & Conflict Resolution Clinic, has just published an important report on the judicial response to the 2002 Gujarat riots in India. This publication came at the same time parliamentary elections were concluding.