Mediation & Negotiation

The following post originally appeared in the Harvard Gazette on March 27, 2014. As the men’s basketball tournament known as March Madness edges closer to crowning…

Harvard Law School Professor Benjamin Sachs, a labor law specialist who focuses on unions in politics, sat down with a reporter for the HLS News office to reflect on the Supreme Court's increased involvement in labor cases and the state of labor law today.

Some recent faculty and clinical highlights—from research on anti-corruption efforts to conferences on financial regulation.

Brown uses her own example—after leaving a law partnership upon the birth of her daughter, she is now a professor of business law—and those of many others, from a jewelry designer to a nurse to a rabbi, to show the possibilities for those who are unhappy with the practice of law. Such a change is not easy, but a lawyer’s skills can be reframed and refreshed, she says, adding that she has never met a former lawyer who regrets having left the profession.

Former Massachusetts Governor Michael Dukakis ’60, who was the Democratic nominee for president in 1988 and is now a professor of political science at Northeastern University, visited a session of Harvard Law School’s Negotiation Workshop in late April to lead discussion of a case study and answer student questions.

The manhunt for a bombing suspect shut down the Boston area on Friday. With Harvard temporarily closed, a pair of two-day scholarly conferences had to be compressed into Saturday alone. But by chance, both provided perspective on the area’s brush with terror.

Professor Robert Mnookin ’68, chairman of the Program on Negotiation at Harvard Law School, was honored by the International Academy of Mediators with a lifetime achievement award. The IAM Award is presented to a person who has made exceptional contributions throughout his or her career by personally advancing alternative dispute resolution and inspiring others to do so.

On Oct. 3, former United States Trade Representative Charlene Barshefsky came to Harvard Law School to share her experiences with students in the Advanced Negotiation Workshop taught by Clinical Professor Robert Bordone ’97 and Lecturer Rory Van Loo ’07.

It is the spring of 1997 and I am sitting in Pound 107 while Roger Fisher ’48, Williston Professor of Law, Emeritus, is telling a story about his serving as a weather reconnaissance pilot in World War II. As a teaching assistant for the Negotiation Workshop, I have heard the story at least a dozen times by now and feel my mind wandering. And yet, against my will, as the story reaches its crescendo and the combination punch line/negotiation lesson flows from Roger’s lips, I find myself involuntarily leaning forward and, a second later, helplessly bursting into laughter. The note I jot down to myself is: “All of life is about who tells better stories.”

Roger Fisher ‘48, a pioneer in the field of international law and negotiation and the co-founder of the Harvard Negotiation Project, died on August 25, 2012. A professor at Harvard Law School for more than four decades, Fisher established negotiation and conflict resolution as a single field deserving academic study and devoted his career to challenging students and colleagues alike to explore alternative methods of dispute resolution.

On Feb. 9, following 17 months of intense negotiations, numerous late-night conference calls and not a few fractious meetings where all seemed hopeless, five of the nation's biggest mortgage lenders agreed to a historic $25 billion settlement that will provide financial relief to more than a million homeowners who were victims of improper foreclosures or other mortgage servicing abuses.

Last year, after Rory Van Loo ’07 left the Consumer Financial Protection Bureau implementation team to become assistant director of the Harvard Negotiation & Mediation Clinical Program, he asked his former colleagues how HLS students might assist the new agency. It had been created by Congress in 2010 largely thanks to the vision of HLS Professor Elizabeth Warren, and its mission included examining certain consumer financial services companies and large banks and credit unions. But the legislation creating it did not establish an appeals process for examining findings.

Students from Harvard Law School took second place in the 22nd Annual National Criminal Justice Trial Advocacy Competition, held March 29-31, in Chicago.

The winners of Harvard Law School’s 59th annual Williston Competition, Harvard’s annual contract negotiation and drafting competition for first-year law students, were announced on April 19.

A decision by the U.S. Supreme Court on whether Congress has the power to mandate individuals to have private insurance coverage isn’t expected until the end of June. But Georgetown University Law Center professor and libertarian legal theorist Randy Barnett ’77 is already claiming victory of sorts for his argument that the mandate is unconstitutional.

During the third week in March, a number of Harvard Law students traveled around the world and to remote areas in the U.S. to offer their legal services. With funding from the Office of Clinical and Pro Bono Programs, teams of students worked with farmers in the Mississippi Delta, immigrants in Alabama and patients living with HIV/AIDS in New Orleans.

Three times last month, Harvard Law School Professor Robert Mnookin brought in prominent Cuban intellectual Rafael M. Hernández Rodríguez via videoconference to speak to his reading group on the topic of negotiating with Cuba. According to Mnookin, it’s the first time a Cuban scholar has participated in an American seminar from Cuba itself, an event for which took Mnookin weeks of back and forth with Cuba’s Ministry of Culture to obtain permission, giving a glimpse into the continued hold of the Communist bureaucracy in Havana.

Former Secretary of State James A. Baker III was at Harvard on March 29 to receive the Great Negotiator Award, the annual honor created by the Program on Negotiation at Harvard Law School to recognize individuals whose “lifetime achievements in the field of negotiation and dispute resolution have had a significant and lasting impact.”

“I took the view that what we ought to be talking about and thinking about was universal suffrage,” stated Michael Young in a lecture at Harvard Law School titled, “The Secret Talks That Led to the Fall of Apartheid.”  As a British businessman in the 1980s, Young initiated and led unprecedented talks between the African National Congress and the South African government that led to the end of apartheid in South Africa.