Negotiation and Mediation Clinical Workshop
HARVARD LAW SCHOOL

FALL 2012

Instructor:
Mr. Chad Carr

This 1-credit seminar is the required classroom component for students doing work through the Negotiation & Mediation Clinical Program during the Fall of 2012. 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 1-credit class will be front-loaded with weekly meeting times for the first part of the semester and fewer or no class sessions in the second half of the semester in order to allow students to focus more intently on their clinical work. (Tuesday 5:00-7:00 p.m.)

“Intractable” Conflicts: What Role for Negotiation

HARVARD LAW SCHOOL

SPRING 2013

Instructor:
Robert Mnookin

This seminar will study several “intractable” conflicts. For some, such as Northern Ireland and South Africa, there has been considerable progress. For others, such as the conflict between the Israelis and Palestinians, and the United States and Cuba, there has not. (Thursday 5:00 p.m.-7:00 p.m.)

Deals

HARVARD BUSINESS SCHOOL (2267)

WINTER 2013

Instructor:
Guhan Subramanian

This advanced negotiation course examines complex corporate deals. Many of the class sessions will be structured around recent or ongoing deals, selected for the complex issues of law and business that they raise. Student teams will research and analyze these transactions in order to present their most important aspects and lessons to the class. For many of these presentations (as well as some more traditional case studies and exercises), the lawyers, bankers, and/or business principals who participated in the transaction under discussion will attend class, listen to the team’s assessment, provide their perspectives, and suggest broader negotiation insights.

Topics developed throughout the course include: how negotiators create and claim value through the setup, design, and tactical implementation of agreements; complexities that can arise through agency, asymmetric information, moral hazard, and adverse selection; structural, psychological, and interpersonal barriers that can hinder agreement; and the particular challenges inherent in the roles of advisors as negotiators. The course will also explore the differences between deal-making and dispute resolution; single-issue and multiple-issue negotiations; and between two parties and multiple parties.

The class will be composed of an equal number of HBS and HLS students. These differences in professional background, perspective, and experience should be highly complementary, mutually informative, and in line with the skill set required in most significant negotiations. For HBS students, a basic Negotiations course is a prerequisite. For HLS students, the basic course in Corporations and the Negotiation Workshop are prerequisites, or equivalent. Evaluation will be on the basis of class participation and deal presentation. Sessions will take place at HBS.

Session Times: TBA

International Negotiations
HARVARD LAW SCHOOL

(NOT OFFERED 2011-2012)

Instructor:
Gabriella Blum
Hauser 208
gblum@law.harvard.edu
(617) 495-4629

Winter term
M,T,W,Th,F 9:00 AM – 12:15 PM

3 classroom credits LAW-39120A

This is a workshop-style course intended to better acquaint students with those negotiation elements that are more particular to the international arena (with an emphasis on diplomatic and political negotiations).

Through a combination of theoretical analysis, case-studies, and simulations, we will address the following issues: Negotiating across and behind the table; strategies and tactics in diplomacy and international negotiations; multilateral negotiations; cross-cultural dimensions of negotiations; international mediation; the concept of power in international negotiations; designing and drafting international agreements; and ethics in international negotiations. Enrollment is limited to 40 students.

Students are required to participate in all simulations, prepare negotiations memos, and write a final paper on a topic related to international negotiations.

Advanced Negotiation: Multiparty Negotiation, Group Decision Making, and Special Dispute Management Processes

FALL 2012

Instructors:

Robert C. Bordone and Rory Van Loo

Pre-requisite: Negotiation Workshop

In the fields of law, business, and public policy, many disputes and deals involve more than two parties. Building on the skills and concepts covered in the basic Negotiation Workshop, this advanced Workshop introduces students to the special challenges and complexities of multiparty negotiation and group decision-making. It also focuses on some of the processes that dispute resolution practitioners may utilize when attempting to manage conflict among multiple parties.

The workshop combines theory and practice in an effort to help students deepen their understanding of negotiation and improve their own effectiveness as negotiators or process-managers in a multiparty context.

Class time will include exercises and simulations, lectures, and small group discussion. The Workshop will require students to spend significant time outside of class completing reading assignments, preparing for exercises and simulations, writing weekly journal entries, and writing a final 10-15 page paper. There is no final examination.

Topics addressed will include: the differences between multilateral and bilateral negotiations, coalition dynamics and strategy, group decision-making, role dynamics within groups, leadership, managing constituencies, negotiation process design, and the use of third-party neutrals. (Wednesday 2:00-6:00 p.m.)

Negotiation Workshop A (LAW 44100A)
HARVARD LAW SCHOOL

WINTER/SPRING 2013

Instructor:
Robert Mnookin
Hauser 416
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. Participants should have no other work commitments during the winter term. Specifically, participants should be available each day from 9:00am until 5:00pm (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.

LL.M., and cross-registrant students may apply online (http://www.law.harvard.edu/academics/clinical/hnm cp/web/indexed54.html?option=com_content&view=arti cle&id=107&template=students) for the workshop. The deadline to apply is noon on Monday, October 17.

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 and write a short paper. The journal is submitted weekly. This course has no final examination and will end several weeks before the end of the spring semester in light of the intensity of the Workshop during the term.

During the first week of the Workshop, JD and LL.M. students will be given an opportunity to elect to take the Workshop on a credit/fail basis. For cross-registrants, the availability of the credit/fail option is dependent on the policies of their home school.

Please note: The Workshop has an early drop deadline of November 16, 2012. The course may not be dropped after November 16, 2012 without the written permission of the instructor.

Negotiation Workshop B (LAW 44100A)
HARVARD LAW SCHOOL

SPRING 2013
W,Th 3:10 PM – 7:20 PM

Instructors:
Robert Bordone
Pound 521
617-495-9194

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. It meets Wednesdays and Thursdays from 3:10 p.m. to 7:20 p.m. In addition, students will need to be present for exercises for portions of two weekends during the term. These sessions are required.

The Workshop will be limited to 120 students who will be divided into four working groups of 24 each. 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.

No fewer than 25 spots will be reserved for 1Ls. 1Ls will be admitted to the course through an application process during the fall semester. The remainder of the slots will be open to all 2Ls, 3Ls, LL.M.s and cross-registrants who will be interspersed within the working groups.

In addition to participating in the daily activities, students will be expected to keep a journal and write a short paper. The journal is submitted weekly. This course has no final examination.

During the first week of the Workshop, upperclass and LL.M. students will be given an opportunity to elect to take the Workshop on a credit/no credit basis. For cross-registrants, the availability of the credit/no credit option is dependent on the policies of their home school.

Please note: The Workshop has an early drop deadline of December 14, 2012. The course may not be dropped after December 14, 2012 without the written permission of the instructor.

Negotiation and Mediation Clinical Workshop
HARVARD LAW SCHOOL

FALL 2012

Instructors:
Robert Bordone
Austin 102
(617) 495-9194

Students in the Negotiation & Mediation Clinic will work in a team of 2 to 4 students, typically collaborating on single project for one client during the entire semester. By working for a single client, students have the unique chance to collaborate on a project from start to finish. Projects in the clinic typically focus on “advanced” issues related to negotiation, mediation, and conflict management. For example, students may assist an organization in conducting a conflict assessment, designing a dispute resolution system, assessing an ongoing set of dispute management processes, or resolving a current conflict or series of conflicts. In some instances, clinic teams design and deliver a tailored negotiation/mediation curriculum, offer strategic negotiation advice, or conduct a mediation or consensus-building session. In addition to applying the skills and concepts learned in Negotiation Workshop, students will develop a new set of skills that may include conducting interviews for stakeholder assessments, facilitating learning dialogues, running focus groups, leading teams, and presenting to clients. Each semester the clinic will offer a mix of public, private, domestic, and international projects. Recent clients include federal agencies, nonprofits, religious organizations, transnational corporations, small start-up companies, professional sports teams, municipalities, local government officials, and universities. Students in the clinic will have the chance to manage senior level client relationships and are asked to work through difficult concepts and problems directly with clients and their clinical supervisor. Session Times TBA

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

FALL – Not offered 2012-2013
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 2013

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.