HNMCP Newsletter - Volume VII - Issue I
Fall 2013 marked the beginning of the Harvard Negotiation & Mediation Clinical Program’s (HNMCP) seventh year and the first full year in our newly renovated space on the fifth floor of Pound Hall.
For the first time, our students have dedicated meeting, lounge, and work space, along with a kitchen area stocked with snacks for late night research, writing, and conversation. The new space has transformed the kinds of interactions that students have with each other and with us on a daily basis. The result has been that our offices are abuzz with student energy and activity from morning til late night, creating a vibrant and warm community of students and colleagues.
In addition to the new space, we also welcome Rachel Viscomi ’01 as our new Assistant Director. Rachel’s energy and vision, coupled with her extensive experience in teaching conflict management, have already begun to shape the clinic in new directions and strengthen our core mission.
We were pleased to work on six exciting projects this past fall. I myself had the pleasure of traveling with a team of students to the Centers for Disease Control and Prevention to assist them as they improve their internal dispute management systems and in early January traveled with another team of students to Dubai where we trained promising leaders from Afghanistan, India, and Pakistan through our ongoing work with Seeds of Peace. These two projects underscore the wide range of conflict management and negotiation opportunities available to our students through HNMCP.
Despite the demands of our clinical work, HNMCP continues to make contributions to the negotiation field through academic and scholarly work, op-ed writing, and producing new pedagogy. This year also has afforded me several opportunities to grow our curriculum, research, and activities in areas that reflect my pedagogical interests. My second book, Designing Systems and Processes for Managing Disputes—co-authored with august colleagues Nancy Rogers, Frank Sander, and Craig McEwen—was reviewed in several forums. During fall semester, I also launched both a new advanced course entitled “The Lawyer as Facilitator” and a new series of community dialogues around current events, facilitated by HNMCP staff and students trained in facilitation.
HNMCP has a great many plans for the upcoming year related to civil discourse and public dialogue, including the Harvard Negotiation Law Review 2014 Symposium on March 1st, “Political Dialogue and Civility in an Age of Polarization.”
Our students, too, have been making their own contributions to the field through competitions, prizes, and academic publications. As educators we feel privileged when we are able to learn from our students even as we teach them.
As always, we’d love to hear from you if you have ideas of clients and clinical projects for which our efforts and pedagogy might make a difference. Wishing you a wonderful spring semester!
Robert C. Bordone
Thaddeus R. Beal Clinical Professor
Director, Harvard Negotiation & Mediation Clinical Program
Better Future Project
The Better Future Project’s “Divest for Our Future” campaign aims to persuade college and university presidents and boards to immediately freeze any new investment in fossil fuel companies, and divest from direct or indirect ownership of fossil fuel stocks and bonds within five years. This fall HNMCP students assessed the challenges of this context and developed and delivered a training, and related resources, to help activists more effectively engage stakeholders on addressing the impact of fossil fuels.
Centers for Disease Control and Prevention (CDC)
The Centers for Disease Control and Prevention (CDC) is the leading federal agency implementing disease prevention and control, environmental health, and health promotion activities in the United States and abroad. HNMCP students conducted a rigorous assessment of, and provided recommendations for, strengthening CDC’s conflict prevention and management infrastructure.
National Institutes of Health (NIH)
The National Institutes of Health Office of the Ombudsman is a neutral, independent, and confidential resource providing informal assistance to NIH scientists, administrators, and support staff in addressing work-related issues. HNMCP students developed metrics for, and conducted an assessment of, a new pilot Peer Resolution Program the Office will launch in the spring of 2014.
The OneVoice Movement is an Israeli-Palestinian parallel initiative seeking to build a two-state solution in the hope of achieving a lasting peace for both peoples. HNMCP students conducted a stakeholder assessment of organizations in the economic, religious, civic, and political sectors in the region to determine opportunities for cross-sector collaboration in furtherance of sustainable peace.
Seeds of Peace
Seeds of Peace (SoP) inspires and equips new generations of leaders from regions of conflict with the relationships, understanding, and skills needed to advance lasting peace. SoP contracted HNMCP to develop and deliver a basic training in mediation to its South Asian Senior and Graduate Seeds group—approximately 20 Afghan, Indian, and Pakistani youth—as well as to develop a teaching guide so SoP staff can continue to deliver this training in the future.
U.S. Office of Special Counsel
The U.S. Office of Special Counsel (OSC) is an independent federal investigative and prosecutorial agency whose primary mission is to safeguard the merit system by protecting federal employees and applicants from prohibited personnel practices, especially reprisal for whistleblowing. Based on recommendations about specific aspects of the agency’s work from two previous projects with HNMCP, , in the fall of 2013 OSC invited HNMCP to assess and make dispute systems design recommendations for the agency as a whole.
My interest in the Negotiation Workshop and Negotiation & Mediation Clinical Program (HNMCP) began before I even enrolled in law school, when Professor Bordone led a negotiation exercise during Admitted Students Weekend. Speaking with students from the Harvard Negotiation Law Review afterward, I was struck by how the negotiation curriculum had helped them develop a skill set that could be carried beyond school in a very direct way. Having worked with non-profits in Latin America before law school, I envisioned becoming a lawyer whose work was mostly outside the courtroom—helping communities to resolve conflicts and helping clients to structure deals and turn ideas into enduring institutions. The mix of hard skills and strategic thinking that is part of the negotiation curriculum has offered a window into unforeseen ways that a legal education can be applied in these areas.
My HNMCP project with the Peruvian Ministry of the Economy in the spring of 2013 presented a perfect match between my legal and extracurricular interests. Like many of its neighbors, Peru participates in investment protection treaties as a way to attract investors and boost economic growth, but with the consequence that the government must defend periodically its regulatory decisions before treaty tribunals. Because different government agencies, private entities, and foreign governments may all have a stake in these proceedings, investment treaty litigation presents complex challenges for government lawyers. Interviewing stakeholders in Peru with my clinic partner Mark Johnson ’14 helped us to understand how the different players viewed the system and how dispute resolution techniques might at times be employed to ease the process.
My hope is to remain involved in these issues through graduation and beyond. Here at HLS, I have repeatedly seen negotiation themes connected with my work with the Harvard Law and International Development Society, whether in the realm of regional agricultural trade harmonization or the ways in which prosecutors pursue cases of official and corporate corruption. In the professional sphere, one of the key points drawing me to work last summer at Allen & Overy in Washington, DC, was the firm’s work with government and multilateral lenders that play an increasingly crucial role in major development projects around the world. Undertaken at the crossroads of the commercial and public spheres, these infrastructure investment projects must satisfy both public and private interests. Even if the contract documents are in perfect order, the project can run into trouble unless counsel and clients are attuned to these risks.
Equipped with a dispute resolution mindset, one can begin to see how success of these endeavors depends on a series of layered, interdependent negotiations—between the governments and private parties, between the government and the citizens that will be affected, and even between different agencies or provinces, all of whom have distinct interests at stake and may have radically different power at the negotiating table. Finding novel and constructive ways to enlarge the role that civil society, the press, and social movements can play in public decision making is particularly critical to ensuring that citizen voices are represented in these conversations.
Collectively, the negotiation courses I have taken at HLS—the Negotiation Workshop, Dispute Systems Design, HNMCP, and most recently the new Lawyer as Facilitator Workshop—have encouraged me to think critically about the role that I as an attorney can play in identifying and solving problems that arise when many parties have to agree. I look forward to applying what I’ve learned from HNMCP as an advocate, intermediary, and counsel throughout my career.Daniel Holman is a third-year J.D. student and a native of Austin, Texas. He will be joining the law firm of Allen & Overy LLP in Washington, DC, in the fall.
From negotiating motor insurance claims in London and mediating civil cases in Boston, to reviewing legislative frameworks in West Africa, Shahmuddin (Saadi) Siddiky’s experience in alternative dispute resolution spans four continents. Now, as a founder of the Africa Mediation Program, he is using the tools he acquired at Harvard Law School to solve critical problems at the ground level.
Saadi’s formal negotiation education dates back to 2009 while he was training as a barrister in England. Three years later, as a student at Harvard Law School, he found himself in the Winter Negotiation Workshop with Prof. Bob Mnookin and Kathy Holub. “In some ways,” he reflects, “that was how it all started.”
“Have a group of students work from 9 to 5 for three weeks straight, throw in some challenging negotiation problems to solve; and it is bound to be interesting. There are emotions to manage, non-monetary issues to address, personality dynamics to reconcile. You start realizing that there is much more to effective negotiation than just the acknowledged substance of any dispute,” he says. “I enjoyed the experience so much that I started enrolling in more alternative dispute resolution (ADR) courses.”
Saadi also took the Dispute Systems Design course, where he wrote a paper on negotiating water resources in India, Bangladesh and Pakistan with the backdrop of the Farakka Dam operation. In the Harvard Negotiation and Mediation Clinical Program (HNMCP), he was part of a team that conducted a conflict assessment for Michigan State University College of Law, producing a report on how to design a cohesive peer mediation program to resolve on-campus disputes. In addition, Saadi trained as a mediator with the Harvard Mediation Program (HMP), where he subsequently served as a coach. In addition he assisted David Hoffman in research on how broadly “interests” can be defined in negotiation, and whether the definition can and should include emotional or moral interests.
“My ADR experiences at Harvard, particularly those with HMP and HNMCP, really gave me a new set of tools to approach, analyze and solve problems. It has become much easier to construct a blueprint of a conflict. And, more importantly, I learned to ask more questions.
Saadi’s love of both ADR and travel have taken him to the Gambia, in West Africa, where he is working as a Legal Consultant for the United Nations. He is currently drafting basic, intermediate and advanced training manuals for local ADR training providers. He has trained members at all levels of the judiciary, legal practice and academia, and has worked with the Alternative Dispute Resolution Secretariat at the Ministry of Justice to review the local ADR legislative framework and propose implementation strategies, particularly relating to the provisions involving the institutionalization of ADR within the existing judicial system. He is a Visiting Lecturer at the University of the Gambia, Law Faculty where he teaches “Methodology of Alternative Dispute Resolution” to upperclassmen.
His main focus, however, is designing and establishing the Africa Mediation Program, a student-run community program that will allow law students to learn, practice and teach mediation, as well as offer mediation services in the community.
“The goal of the Program is to build legal capacity at the community level by offering people—who are often too poor to afford private legal representation—access to a means of resolving their disputes. In the near future, we aim to work with local courts and tribunals in an effort to form a more cohesive, and less alienating, dispute resolution infrastructure.”Saadi Siddiky is the founder of the Africa Mediation Program and a Legal Consultant for the United Nations Development Programme. He also teaches alternative dispute resolution at the University of the Gambia. He completed his LL.B. from the University of London, and trained as a barrister at City University London, where he also received his Postgraduate Diploma in Law. Saadi has worked with the City Pro Bono Clinic, the London Innocence Project and at the Old Bailey, before working at Dr. Kamal Hossain and Associates, a major international law firm in Bangladesh focusing on finance and arbitration. At Harvard Law School, his main areas of focus were international finance and ADR. Saadi received his LLM from Harvard Law School in 2012.
In addition to helping expand the scope and vision of HNMCP, Rachel will also serve as Clinical Instructor, supervising current and recruiting new clinical projects.
“I am just delighted that we have persuaded Rachel to join our team. Her incredible skills as a teacher, her boundless energy and creativity, and her deep experience working on negotiation and conflict management issues in the real world will make her a tremendous asset to our programs, our students, and Harvard Law School,” said Prof. Robert Bordone, Founding Director of HNMCP. “On a personal level, it is exciting for me to have a colleague with whom I have worked in various capacities since 1999 now join the HNMCP team full time.”
Before coming to HNMCP, Rachel worked as a Principal in the Corporate Education Practice of Vantage Partners, a Boston-based consulting firm that helps clients achieve business results by transforming the way they negotiate and manage their key relationships. At Vantage, Rachel worked closely with Fortune 500 clients from a wide range of industries (energy, financial services, sales, pharmaceuticals, technology, and entertainment, among others) to design and deliver experiences that maximized learning transfer and business impact. Her clients have included Cisco Systems, WestJet, Warner Brothers, Disney, IBM, and Deloitte. She managed the firm’s largest client relationship, working closely with internal stakeholders to create and oversee a best-in-class Negotiation and Influence Curriculum. She has delivered conflict resolution sessions as part of UMass Boston’s Emerging Leaders Program, NALEO’s National Summit on the State of Latino Education, Amsterdam’s ADR Institute, and at The Citadel, The Military College of South Carolina. She has taught with HNMCP Director Bob Bordone for many years in one of the Program on Negotiation’s summer programs, the Harvard Negotiation Institute, geared toward practitioners in the field.
Prior to joining Vantage, Rachel practiced as a civil litigator with the law firm of Bingham McCutchen, LLP, where she assisted a wide variety of clients in resolving complex commercial disputes, including The New York Times Company, Northwestern Mutual Insurance Company, and MetLife Investment Services. “I cannot imagine a more exciting opportunity. There’s no question that the work Bob and HNMCP are doing is on the very cutting edge of the dispute resolution field and it is a delight to be joining such a vibrant and dynamic team,” notes Rachel. “Personally, it is a great joy to return to HLS and to give back to the program that shaped my career.”
Rachel earned her undergraduate degree summa cum laude from Columbia College, with departmental honors, in Italian. She studied in Italy at the Università di Bologna and the Università degli studi di Firenze, earning her Master of Arts in Italian from Middlebury College with highest honors, before receiving her JD from Harvard Law School in 2001.
This fall, the Centers for Disease Control and Prevention (CDC) partnered with the Harvard Negotiation and Mediation Clinical Program (HNMCP) to assess its current dispute resolution systems and identify opportunities for improvement. Dispute systems assessment and design are the core of HNMCP pedagogy, and this project is representative of HNCMP’s focus.
The CDC approached HNMCP to request a systems assessment after management recognized how conflicts and disputes in the workplace were taking a heavy toll on individuals and distracting from the important public health work for which the CDC is known. “In the 60 years since CDC was founded, our mission has evolved and the agency has grown to meet the complex challenge of safeguarding public health in the 21st century,” said Sherri Berger, CDC’s Chief Operating Officer. “CDC is committed to maintaining a positive work environment and a healthy organization, which includes making sure staff have the best tools and resources available to do their work. This assessment will help strengthen our efforts to prevent and resolve conflicts within our workforce.”
Students Sarah Paige ’15, Michelle Goldring ’15, and John Miller ’15 supervised by HNMCP Director Bob Bordone, were tasked with evaluating and ultimately strengthening the CDC conflict prevention and management infrastructure. “This will be the first agency-wide assessment of its kind,” said Shaunette Crawford, Executive Officer for the Office of the Chief Operating Officer, who initiated the project. “We hope this effort will help us meet and even anticipate needs within CDC as it continues to grow in response to public health needs in our nation and around the world.”
Candid feedback regarding the present conflict prevention and dispute resolution services within CDC, and recommendations for possible changes from employees, managers, and employee groups, was essential to the project’s success. The CDC substantially assisted HNMCP by encouraging its employees to speak with the students directly. It also set up a special email box to which employees could submit feedback.
“The Harvard Negotiation and Mediation Clinical Program works hard to bring real value to clients by helping them think through how they can build and improve internal dispute management systems that help them resolve conflicts more efficiently and that lead to a better workplace for all,” noted Bob in a CDC intranet article publicizing the project. “Our collaboration with CDC is a wonderful opportunity to give our students a chance to practice the cutting edge skills of stakeholder assessment and dispute systems design.”
HNMCP performed a dispute system evaluation for CDC sister organization, the National Institutes of Health. Recommendations from the project proved extremely valuable to that agency. “Our work with the HNMCP far exceeded our expectations,” said Dr. Howard Gadlin, director of the NIH Center for Cooperative Resolution. “First, [the students’] final report was thoroughly professional in both format and content. Second, it proved useful not only as a means of getting feedback from the NIH community, but also as a way of affirming our commitment to that community and reinforcing the trust people have in us. There is great value in opening one’s program to honest feedback and critique. Many of their suggestions have proven to be quite useful and their observations have moved us to critically re-examine several aspects of our practice. I’m glad the CDC will be working with them, too.” HNMCP was also engaged in a second project with the NIH this fall, an evaluation of a pilot peer dispute resolution system.
For its project with the CDC, Michelle, John and Sarah interviewed a range of stakeholders across the Office of Diversity Management and Equal Employment Opportunity—including the Alternative Dispute Resolution Program, the Workforce Relations Office, the unions, the Diversity Management Team, the Office of the General Counsel and the Employee Assistance Program. In addition the students conducted a confidential and anonymous survey across the CDC on present agency conflict and dispute resolution services, collecting over 1200 responses. Finally, the students collected and analyzed general statistics on complaints and grievances and evaluated sources of conflict, as well as the agency’s approach to preventing, managing and resolving conflict.
“We were excited to learn more about CDC, but especially to have the opportunity to talk to people in different positions around the organization,” Sarah said. “We hope that our project will help put the organization on a path to manage conflict more successfully and efficiently, and help everyone at the CDC have an even better experience in the workplace.”
In December 2013 Bordone and the student team delivered a written report and presented their findings and recommendations to Sherri Berger, Murray Kampf (former Assistant Regional Counsel with the Office of the General Counsel, who served as the immediate Client-Supervisor for the project), and representatives from stakeholders at the CDC office in Atlanta.
When a national crisis strikes, we look to experts to tell us what should happen next. However, sometimes this impulse disallows us from engaging in meaningful dialogue with one another about issues that directly impact us.
President Barack Obama’s comments regarding the use of chemical weapons in Syria—and his response to those weapons—prompted a tense moment in American history. We did not know whether the U.S. would instigate military action, avoid getting involved, or find some other way to halt violence in Syria. We did know that the crisis triggered strong emotions and opinions. As dispute resolution professionals, we knew we could offer a space for Harvard students to explore those emotions and opinions with one another.
On September 13, 2013, the Harvard Negotiation & Mediation Clinical Program (HNMCP) hosted a community dialogue in which students and staff from any Harvard school were welcome to reflect on Syria. Participants included residents of the US and abroad and represented a range of Harvard schools, including the Divinity School, School of Education, and the Law School. After HNMCP Director Bob Bordone made a brief presentation about how we might think about evaluating the options, the participants separated into small groups. Each group determined the direction of the conversation and was led by a trained student or staff facilitator.
Participants were grateful for the space to express thoughts and emotions about a challenging topic, without fear they would be judged. We received resounding interest in future dialogues. So, when the US government was on the brink of shutting down in October, we planned another dialogue. On October 4, 2013, three days after the federal government closed, HNMCP hosted a community dialogue about the fiscal standoff.
HNMCP plans to continue offering fora for constructive and civil discourse on topics of communal concern. Watch our website for announcements about additional facilitated dialogues in 2014.
Two teams represented Harvard Law School at the Region 1 ABA Negotiation Competition on November 9, 2013. Natalie Jay ’15 individually and Paul Lee ’15 and Toni Tsvetanova ’15 as a team each competed in two negotiation rounds. The day-long competition took place at New England Law and featured schools from the Northeast United States and Canada.
Our law students, all former Negotiation Workshop students, had an opportunity to apply their negotiation skills in a competitive environment. Both HLS teams adopted a cooperative approach and relied on interest-based negotiation aimed at generating value and establishing a positive long-term relationship with the opposing side. The teams enjoyed negotiating in a competitive environment. The experience certainly taught them how to adapt to opponents with different negotiation tactics, both aggressive and cooperative.
Sarah Gonski ’15 is the winner of the 2013 Boskey Dispute Resolution Essay Competition with an essay entitled, “Easing Gridlock in the United States Congress Through Mediation: Letting Our Cities and States Teach Us Lessons On Getting Along”
The Boskey Essay Competition is a project of the ABA Section of Dispute Resolution’s Law Schools Committee, which honors the memory of James B. Boskey, humanitarian, Seton Hall University law professor, and mediator. Professor Boskey was known and beloved world-over for his publication of “The Alternative Newsletter,” a quarterly resource guide on ADR. The competition is chaired by incoming Section Chair Professor Andrea Kupfer Schneider, Director, Dispute Resolution Program, Marquette University Law School.
Sarah’s essay is available on the ABA Section of Dispute Resolution web site.
Winners of Harvard Law School’s 60th Annual Williston Competition, Harvard’s annual contract negotiation and drafting competition for first-year law students, are:
Best Representation of Airlines: Natalie Rad ’15 and Tara Norris ’15
Best Representation of Flight Attendants: Aaron Blacksberg ’15 and David Salant ’15
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’s problem involved a negotiation between a cash-strapped airline and its flight attendants during an economic crisis. About 50 students participated in the competition.
Aaron Blacksberg enjoyed the challenge of “engaging with the intricate problem design and having to take a stand and navigate the strong preferences we were given for the union’s position.” His partner, David Salant agreed, noting, “At times, we and our opposing counsel were all great friends, agreeing wholeheartedly on how to approach certain problems. But at other times, tensions would mount when it became clear our clients had mutually exclusive objectives.”
Although the competition involved hard work, the competitors had fun applying practical skills. “I enjoyed being out of the classroom and figuring out how best to work out a deal without a textbook to guide me. It felt like preparation for what we might do outside of law school,” said Tara Norris.
Elizabeth Nehrling agreed, adding that her “team went out to dinner together, got drinks together, and emerged as friends. It was an enjoyable learning experience to negotiate such a complex and interesting negotiation in a positive environment.”
The Williston Competition is run jointly by the Board of Student Advisers and Harvard Negotiators. The 2013 competition judges were Emma Freeman ’13, Addar Weintraub ’14, Aseem Padukone ’14, Kristi Jobson ’12 (Law Clerk to the Honorable Cynthia Cohen, Massachusetts Appeals Court), and Paola Cecchi Dimeglio (Postdoctoral Research Fellow at the Program On Negotiation).
There have been exciting publications from HNMCP and HLS faculty, staff and students this year!
The foreclosure crisis has affected thousands of families, businesses, and neighborhoods. In the November/December issue of Probate & Property, HNMCP Clinical Fellow Heather Kulp examined the effectiveness of foreclosure dispute resolution programs and their ability to help remedy the crisis in “Foreclosure Dispute Resolution Programs: Do They Work?”
By Elizabeth Moroney
For years, HNMCP Director Bob Bordone lamented that there was not an easily accessible, high quality teaching resource for negotiation instructors to demonstrate a range of critical negotiation behaviors to their students. Bordone explains, “Helping students develop new behavioral moves in the heat of the moment and deepen their capacity for self-diagnosis and reflection is hard work.” Bordone and his staff at the Harvard Negotiation and Mediation Clinical Program use the teaching technique of “fishbowls” in the HLS classroom to great effect—in which the professor moderates a live negotiation, with teaching assistants role playing the negotiation and students stopping the action frequently to discuss the proceedings as they unfold. But when teaching executive education classes where time and teaching staff might be more limited or when teaching to very large groups, it is often difficult to use these live “fishbowls.” Hoping to bring the fishbowl technique to more classrooms, Bordone and colleagues Toby Berkman and Chad Carr spearheaded the Critical Decisions in Negotiation project, now available as a 3-DVD set on the Case Studies portal.Read the full story here. Order the Critical Decisions in Negotiation DVD set here.
Read Bob Bordone and Chad Carr’s Negotiation Journal article about creating this teaching tool and how to use it in the classroom here.
“Major League Baseball’s salary arbitration system strikes a unique balance during a player’s first six major league seasons between teams completely controlling players and players earning their fair market value. Critically, the system resolves the issue of player salaries prior to, or, at the latest, early in spring training. This system developed somewhat serendipitously over more than a century of court battles, labor negotiations, and back room deals. Despite this ad hoc history, Major League Baseball’s salary arbitration system successfully handles and resolves these salary disputes.”
Winning from Within by leadership and negotiation expert Erica Ariel Fox ’95 presents a contemporary approach for getting more of what you want, improving relationships, and enjoying life’s deeper rewards.
With principles developed while teaching negotiation at Harvard Law School and coaching executives around the world, Fox provides a map for understanding your inner world and a method for diagnosing barriers to your own success.
Fox uses insights from Western psychology and Eastern philosophy to resolve the gap between what people know they should say and what they actually do. She explains how to master your “inner negotiators,” whether working with a difficult client, struggling with a stubborn spouse, or developing your highest leadership potential.Erica Ariel Fox is the Founder and Director of the Global Negotiation Insight Institute and a partner at Mobius Executive Leadership. Over the past dozen years, she has taught negotiation around the world. Erica graduated from Princeton University and spent a year living in Israel before coming to Harvard Law School. She has published essays and articles in the Negotiation Journal, the Harvard Negotiation Law Review, the Dispute Resolution Magazine, and ACResolution.
Since our last newsletter, the HNMCP staff have written various Op-Eds and Prof. Bordone was interviews several times around the Syrian and Fiscal Standoff crises.
Bob Bordone and Clinical Instructor/Lecturer on Law Alonzo Emery imagined a speech for Pres. Obama to give around the Syrian crises that could lead the way out of conflict while saving face for WBUR’s Cognoscenti
Bob Bordone and Alonzo Emery wrote an Op-Ed on “How Obama Can Be Tuff in Syria” for the Harvard Negotiation Law Review.
With one hundred participants representing over twenty countries, the summer Harvard Negotiation Institute’s Negotiation Workshop offered five days of instruction to expand participants’ negotiation toolboxes. To facilitate skill development, HNMCP Director Bob Bordone relied on the Harvard Negotiation and Mediation Clinical Program’s Case Studies website.
Participants—from government officials to judges to real estate agents—learned about managing competitive bargaining and other difficult behaviors by negotiating Kesnia. In Kesnia, a country’s newly-elected government negotiates with an international NGO to determine restitution payments for a resident impacted by the country’s recent war.
When teaching about value creation, Bob used Diego Primadonna, a case involving an aging football star negotiating a new contract with his former team. The case is available in English or Spanish. It offers students an opportunity to develop innovative options that add value for both sides in a negotiation.
Students also previewed a new teaching tool at the Negotiation Workshop, “Critical Decisions in Negotiation,” which gives instructors video access to Bob’s expert negotiation advice. The DVD features four pairs of attorneys negotiating Iqbal’s Big Venture, a case about the extent of an international technology license. Viewers observe segments of each pair negotiating, then hear as Bob meets with each pair to discuss their strategies (read more here). This is an excellent supplement to the Iqbal’s case simulation.
For more information, or to discuss how to adapt these products for your academic or professional education needs, contact Lisa Brem, Case Studies Program Manager
On September 26, 2013, Harvard Law School hosted a book talk and discussion of Designing Systems and Processes for Managing Disputes, co-authored by HNMCP Director Bob Bordone with Nancy Rogers, Frank Sander, and Craig McEwen. Bob and Nancy Rogers, the Michael E. Moritz Chair in Alternative Dispute Resolution at the Ohio State University College of Law, were interviewed by Kenneth Feinberg, Administrator of the 9/11 and BP Oil Funds, and Cathy Costantino, Counsel at the Federal Deposit Insurance Corporation, in front of an esteemed group of Program on Negotiation affiliates, law school faculty, and students.
In an article published in Negotiation Journal soon after the event, Cathy referred to the book as the “first one-stop shop DSD textbook. We hope that many others—academics, students, and dispute systems designers—will find this innovative text, its case studies, and its additional video material, not only informative, but useful for every day practice.”
In October 2013, Clinical Fellow Heather Kulp was a keynote speaker at the Utah State Bar Association Dispute Resolution Section’s ADR Academy. She addressed how to manage challenging behaviors in negotiation and how to prepare a client to participate in a negotiation or mediation.
How do you break a deadlock? In the second week of the US government shutdown, Republicans called on Barack Obama to open negotiations with them, saying they were disappointed the President “refused” to do so. For his part, Pres. Obama said Republicans “don’t get to demand ransom in exchange for doing their jobs.” So how is it possible to end an impasse like this? What is the key to successful negotiation between two entrenched sides? On October 8, 2013, HNMCP Director Bob Bordone joined a panel of experts on the BBC’s “World News” to discuss ways out of the deadlock.Listen to the full show here. Prof. Bordone joins in minute 8:57.
On January 13, 2014, HNMCP Director Bob Bordone gave a talk and lead a discussion at the U.W. Embassy in Tel Aviv Israel a the invitation of the Deputy Chief of Mission, William Grant as part of the “Distinguished American Speaker” series. Guests included: members of Knesset (the legislative branch of the Israeli government) as well as government officials in Trade & Labor, Foreign Affairs, Education and the National Police; academics from across Israeli universities and think tanks; and directors and fellows from NGOs focusing on peace and conflict resolution, among others. Previous speakers include U.S. Supreme Court Justice Elena Kagan, Prof. Robert Putnam (author of Bowling Alone, and Michael O’Hanlon (Sr. Fellow in Foreign Policy Studies at the Brookings Institution).
In January 2014 HNMCP DirectorBob Bordone , HLS Lecturer on Law Florrie Darwin ’84, and former HNMCP Associate Toby Berkman ’10 returned to Jerusalem on a USAID grant to teach a program for Israeli and Palestinian leaders through long-time HNMCP client Seeds of Peace. The three day program welcomed 18 Israeli and 18 Palestinian leaders for an intensive workshop combined with facilitative discussion and fun. Israeli participant Ophir Golombek raved, “I was so honored to learn from such an amazing, interesting, and wise people during these four days. I cannot be more thankful for having this seminar with so many great new friends.”
Lizzie Grosso ’12 writes, “I am accepting a clerkship offer from Judge Patty Shwartz on the 3rd Circuit (Newark, NJ). She was very interested to hear about the material in the Negotiation Workshop, particularly about “difficult conversations.” She reflected that as a magistrate judge she often felt that she was the only one really paying attention and listening to the clients, while the lawyers had their heads buried in papers.” Congrats Lizzie!
Kristi Jobson ’12 has just accepted a clerkship with Judge Norma H. Stahl at the First Circuit Court of Appeals. She is just finishing a clerkship with Chief Judge Patti B. Saris in the U.S. District Court, District of Massachusetts.
After serving as an Associate at Drinker Biddle & Reath LLP, Rachel Krol ’12 recently started working with the Girls Justice League,a girls’ rights organization dedicated to taking action for social, educational, and economic justice with and for girls, young women and those who identify as female in Philadelphia. As the Chair of the Restorative Practice Project, Rachel is developing a gender responsive restorative justice program for girls, young women and the adults who interact with them—primarily in the Philadelphia Juvenile Justice System and Philadelphia School District. This Spring semester, Rachel is also co-teaching a seminar on Negotiation Skills and Strategies at Penn Law School with former HNMCP lecturer Jeremy McClane.
Toby Berkman ’10 is teaching “Working Through Conflict: Mediation, Negotiation and Facilitation” at Pace University’s Dyson College of Arts and Sciences. Toby is an associate in the Litigation Department at Jenner & Block.
On December 16, 2013, Alonzo Emery ’10 married An Kang in Cambridge, MA. The grooms recently returned to Cambridge after living in Beijing for three years. They wish to thank the many friends, classmates, colleagues, teachers and family members whose support led them to this day.
Mark Halloway ’07 and his wife Katherine welcomed baby Luke Harrison Holloway this past November. Despite a somewhat early arrival, Luke and Kat and Mark are all doing well.
Congratulations to Matt Chen-Smith (’05) and Cindy Chen-Smith on their February 1, 2014 nuptials!
Jake Erhard ’01 is thrilled to announce the birth of John Frederick Erhard, Jr. (Jack). Jack arrived at 4:06 a.m. on December 7, 2013, measuring 7 lbs. 11 oz. and 20.5 in. Baby and mom are doing well. (Canine) sister Mellie is, however, as yet unimpressed . . . .