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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,
Imagine that you and your business partner agree to sell your company. You get an offer that pleases you both, so now you face the enviable task of splitting up the rewards.
Some background: Your partner put twice as many hours into the firm’s start-up as you did, while you worked fulltime elsewhere to support your family. Your partner, who is independently wealthy, was compensated nominally for her extra time.
While most negotiation research aims to sharpen individual managers’ skills, there is growing scholarly and professional interest in an organizational approach to negotiation.A systemic perspective evaluates the training, authority, procedures, and resources that manager need to improve their companies’ “return on negotiation,” as consultant Danny Ertel puts it. Looking at negotiations broadly reveals important design questions.
With beautiful weather outside and the cherry blossom season in full bloom, over 1000 attendees filled the American Bar Association Dispute Resolution Section’s conference halls as it held its 14th annual conference in Washington, D.C.
On Saturday, April 21, the ABA Section of Dispute Resolution honored Frank Sander, A.B., LL.B., Bussey Professor of Law Emeritus and Program on Negotiation at Harvard Law School faculty member, for his outstanding scholarly work in the field of dispute resolution.
The hardest step in negotiation is often the first. Costly lawsuits can drag on it everyone is afraid to be the first to blink. Prospective buyers and sellers can waste endless hours dancing around a possible deal. And in collective bargaining, labor and management teams sometimes paint themselves into corners by refusing to negotiate “matters of principle.”
Imagine an upcoming negotiation. How will you respond if your opponent seems bent on provoking an argument? If you’re like most people, you’ll have difficulty predicting your precise response. Professor Dan Gilbert of Harvard University found that when asked how a positive or negative event will affect your happiness, people accurately predict the direction of their mood but dramatically overestimate the degree of change.
Tucked away in an idyllic corner of Maine is a summer camp that features many traditional American activities: singing around bonfires, flag raising ceremonies, Color Wars, and chilly dips in the lake. Less ordinary, however, are the daily dialogue sessions, where Israeli and Palestinian campers heatedly discuss their identities, homelands, politics, and pain.
Meet Seeds of Peace, the organization that runs this one-of-a-kind camp – and our client organization for a very unique clinical project. We – Krystyna Wamboldt (JD ’12), Rachel Krol (JD ’12), and Professor Robert Bordone (JD ’97) – partnered with Seeds of Peace to lead a skills-building workshop for the organization’s older youth, focused on interests-based, problem-solving negotiation.
As part of the Harvard Negotiation & Mediation Clinical Program (HNMCP), our three person team traveled to Jerusalem in January 2012 to teach negotiation and mediation skills to a group of Israeli and Palestinian teenagers, all former campers at Seeds of Peace. For three days, the “Seeds” did a range of activities, including several role-plays and active listening exercises. On the final day of the program, the students put their new skills to use in a group negotiation simulation about the conflict in Northern Ireland.
“It was incredible to look around the room and see both Palestinian and Israelis working together during the Ireland simulation,” said Rachel. “It was a challenging negotiation, yet they were communicating effectively, asking questions, listening to each other, and asserting their own interests while working towards a common goal. It was a wonderful sight!”
Bargaining with the Devil
A PON Webinar
with
Professor Robert Mnookin
Samuel Williston Professor of Law, Harvard Law School
Chair, Program on Negotiation Executive Committee
Date: Tuesday, October 4, 2011
Time: 1:00 PM to 2:15 PM ET
Adapted from “Do Attitudes Influence Results?” first published in the Negotiation newsletter, January 2007.
Many people consider negotiations to be stressful and threatening. Others view them as challenges that can be overcome. Do these different attitudes influence the outcomes that people reach? Research by professors Kathleen O’Connor of Cornell University and Josh Arnold of California State
Robert Kraft, owner of the New England Patriots, was by all accounts a major factor in getting the NFL collective bargaining agreement signed earlier this week. To do so, Kraft employed four key negotiation tactics to help the players and owners come to a “win-win” solution.
1) Establish relationships of trust. According to The Boston
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