Negotiation Workshop C (LAW 44100A)
HARVARD LAW SCHOOL

WINTER/SPRING

Instructors:
Robert Mnookin
Sheila Heen
And others
Pound Hall 513
617-495-1684

Most lawyers, irrespective of their specialty, must negotiate. Litigators resolve far more disputes through negotiation than by trials. Business lawyers—whether putting together a start-up company, arranging venture financing, or preparing an initial public offering—are called upon to negotiate on behalf of their clients. Public interest lawyers, in-house counsel, government attorneys, criminal lawyers, tort lawyers, and commercial litigators all share the need to be effective negotiators.

This workshop, by combining theory and practice, aims to improve both the participants’ understanding of negotiation and their effectiveness as negotiators. Drawing on work from a variety of research perspectives, the readings and lectures provide students with a framework for analyzing negotiations and tools and concepts useful in negotiating more effectively. Participants spend much of their time in a series of negotiation exercises and simulations, where as negotiators and critical observers, they will become more aware of their own behavior as negotiators and learn to analyze what works, what does not work, and why.

Plenary sessions of the full class will be devoted to demonstrations, discussion problems, lectures, video and film. Much of the time devoted to exercises and simulations will take place in the smaller working groups, each of which will be led by an experienced instructor and a teaching assistant.

In addition to participating in the daily activities, students will be expected to keep a journal to be submitted weekly and write a short paper. There is no final examination; the course ends several weeks before the end of the spring semester in light of the intensity of the workshop. For cross-registrants, the availability of the credit/no credit option is dependent on the policies of their home school.

The workshop is intensive and time-consuming. Participants should have no other work commitments during the winter term. Specifically, participants should be available each day from 9:00 a.m. until 5:00 p.m. (although class will often end earlier). There will be simulations and videotaping on some evenings and some weekends. Class attendance is essential and required at all sessions including the evening and weekend sessions. Students may not take the workshop if they have other courses that conflict with the daily hours or with any other significant obligation during the winter term. There will be no classes during the spring term. The workshop will be limited to 144 students who will be divided into six working groups of 24 each.

Note: The workshop has an early drop deadline of November 23, 2009. After that the course may be dropped only with the written permission of the instructor.

Negotiation Workshop B (LAW 44100A)
HARVARD LAW SCHOOL

SPRING

Instructors:
Robert Bordone
Pound 521
617-495-9194

Florrie Darwin
617-495-1684

Matthew Smith
Pound 513
617-496–6901

Stephen Sonnenberg
Pound 513
617-495-5425

Gillien Todd
Pound 513
617-495-1684

Most lawyers, irrespective of their specialty, must negotiate. Litigators resolve far more disputes through negotiation than by trials. Business lawyers – whether putting together a start-up company, arranging venture financing, or preparing an initial public offering – are called upon to negotiate on behalf of their clients. Public interest lawyers, in-house counsel, government attorneys, criminal lawyers, tort lawyers, and commercial litigators all share the need to be effective negotiators.

This Workshop, by combining theory and practice, aims to improve both the participants’ understanding of negotiation and their effectiveness as negotiators. Drawing on work from a variety of research perspectives, the readings and lectures will provide students with a framework for analyzing negotiations and tools and concepts useful in negotiating more effectively. Participants will spend much of their time in a series of negotiation exercises and simulations, where as negotiators and critical observers, they will become more aware of their own behavior as negotiators and learn to analyze what works, what does not work, and why.

The Workshop is intensive and time-consuming. In addition to class hours, students will need to be present for required exercises for portions of two weekends during the term.

The Workshop will be limited to 120 students who will be divided into five working groups of 24. Plenary sessions of the full class will be devoted to demonstrations, discussion problems, lectures, video and film. Much of the time devoted to exercises and simulations will take place in the smaller working groups, each by an experienced instructor and a teaching assistant.

In addition to participating in the daily activities, students will be expected to keep a journal submitted weekly and write a short paper. There is no final examination. The course will end several weeks before the end of the spring semester in light of the intensity of the Workshop during the term. For cross-registrants, the availability of the credit/no credit option is dependent on the policies of their home school. Note the early drop deadline of December 14, 2009. The course may not be dropped after that date without written permission of the instructor. (Wednesday and Thursday 3:00 - 7:10 p.m.)

Negotiation and Mediation: Clinical Workshop
HARVARD LAW SCHOOL

SPRING
Instructors:

Robert C. Bordone
Pound 516
617-495-9194

Stephen Sonnenberg
Pound 513
617-495-5425

This one-credit seminar is the required classroom component for students doing work through the Negotiation Clinical Program during the Spring of 2009. Students will read and discuss works related to the various models for conducting conflict assessments, designing dispute systems, and working as a lawyer to be an effective deal-design architect. In addition, readings and discussions will focus on the practical and ethical quandaries and special challenges faced by professionals in conflict resolution, mediation, and dispute systems design. Some sessions will require students to present problems related to the clinical work in which they are currently engaged to the members of the class for discussion and brainstorming. The class will meet every other week. (Tuesday 5:00 p.m.-7:00 p.m.)

Bargaining with the Devil: Negotiation and the Problem of Evil: Seminar (LAW-90225A)
HARVARD LAW SCHOOL

FALL
Instructor:
Robert Mnookin
617-495-9201

In a conflict with an adversary that one perceives as evil, should one resist or instead negotiate? This issue arises in international affairs (should the U.S. negotiate with Iran? With Cuba? With North Korea?), in business disputes (my joint venture partner has betrayed me; I will sue and never settle!) and in family conflicts (consider bitter divorces or brutal inheritance battles.) Radically conflicting claims are heard. Some say that to bargain with the devil risks soiling your soul, and rewarding unworthy behavior. Other say you should always be willing to negotiate because only through negotiation can you make peace and minimize the costs in blood and treasure of war or litigation. This seminar will explore the challenge of making wise decisions about when to negotiate and when to refuse. Readings will be drawn from psychology, philosophy, political science and religion, and the seminar will explore the core question by using case studies from different contexts. Readings will include draft chapters from Professor Mnookin’s forthcoming book on this subject. Enrollment limited to 16. (Tuesday 5:00-7:00 p.m.)

Mediation (LAW-44000A)
HARVARD LAW SCHOOL

SPRING

Instructor:
David Hoffman
Boston Law Collaborative
617-439-4700 Ext. 201

Mediation is having an increasingly profound impact on the way law is practiced in the U.S. and internationally, and clients expect both transactional lawyers and litigators to have a working knowledge of the mediation process. This course focuses on the theory and practice of mediation. Students will have opportunities to try mediating—and serving as an advocate in mediation—at an early stage in the course and near the end as well. The readings and discussion will address legal, ethical and policy issues arising from the use of mediation—such as confidentiality and privilege, credentialing of mediators, the institutionalization of mediation in courts and world of business, differing styles of mediation and mediation advocacy, and the role of gender, class, culture and psychology in the mediation process. A research paper will be required in lieu of a final exam. Students will also do some writing during the semester about the readings—approximately one page per week. Enrollment is limited to twenty-four students. There will be an optional eight-hour mediation training session on Sunday, February 7, led by David Hoffman with several experienced mediators serving as role play coaches. (Thursday 4:00-7:00 p.m.)
Up to five students may participate in the optional spring clinical. Placements are at the Harvard Mediation Program (HMP) for one clinical credit. HMP students must complete an additional three days of training in February, mediate or observe in small claims court in the Boston area every week during the Spring semester, and work one hour per week in the HMP office. Please refer to the Office of Clinical and Pro Bono Programs (http://www.law.harvard.edu/academics/clinical) for clinical registration dates and early add/drop deadlines.

International Commercial Arbitration (LAW-38882A)
HARVARD LAW SCHOOL
WINTER

Instructors:
Dan Tan
Mark Beckett

This course provides a rigorous introduction to the field of international commercial arbitration, which has become the default means of settling international disputes. The course will deal with the internationalist elements of the subject matter, but will also examine international commercial arbitration from an American perspective. Students can expect to review both foreign and US commentaries, statutes and case law on the subject. The course will comprise of five main topics: (1) an introduction to the field of international commercial arbitration; (2) the agreement to arbitrate; (3) the arbitrators; (4) the arbitration process; and (5) the arbitral award. The course will also cover in brief the law of foreign investment and the pivotal role of arbitration both in resolving disputes and developing the law in that area. Monday through Friday 9:00 a.m-12:00 p.m.

Dispute Systems Design
HARVARD LAW SCHOOL

FALL
Instructor:
Robert Bordone
Pound 521
617-495-9194
Implicitly or explicitly, every institution and organization has a system for managing disputes. In some cases, the system may be formal, with administrative hearings, courts, tribunals, and complex appeal and review processes. In other cases, organizations may have few if any formal means for managing conflict. In these instances, conflicts may be managed through informal negotiation and mediation or by simply lumping it. As institutions and organizations become more aware of the ever-rising cost of conflict, many are seeking to design and implement systems to manage disputes with greater effectiveness and efficiency. Though lawyers have traditionally seen themselves primarily as advocates who resolve already-ripened disputes through litigation and negotiation, this explosion of interest in more efficient and tailored approaches to conflict management has highlighted the importance of lawyers serving as creative “dispute process architects.” This seminar will introduce students to the theory and promise of dispute systems design with an aim to train students to play this new and more creative professional role. After an overview of various dispute resolution processes and a thorough introduction to the basics of dispute systems design, the course will offer for critique several domestic and international case studies of dispute systems design in practice. These will include the 9/11 Compensation Fund, the United Nations Compensation Commission, and several institutional integrated conflict management systems in U.S. companies. Negotiation Workshop is a prerequisite. Alternatively, students make seek permission of the instructor to be admitted. (Wednesday 5:00-7:00 p.m.)