Bridging Divides Negotiation, Mediation, Systems Design & Dialogue

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Wednesday, February 24, 2016

Reflections on Real Talk: An Introduction

By Robert C. Bordone, Jon Hanson, Jacob Lipton, and Sam W. Straus   HNMCP is proud to announce the launch of a new series on our blog sharing the experiences of facilitators in our new student initiative, Real Talk. In fall 2015 the Harvard Negotiation & Mediation Clinical Program (HNMCP),in collaboration with the Systemic Justice… More

Monday, February 22, 2016

Scalia and Ginsburg: The Likeliest of Friendships

by Robert C. Bordone & Sara del Nido Budish   For many years, articles in the media have marveled at the “unlikely friendship” between Justices Scalia and Ginsburg. Indeed, the pair has been dubbed “the odd couple” (by Justice Scalia himself). With Justice Scalia’s passing, there has been a new wave of commentary touting this… More

Saturday, February 13, 2016

Real Talk – An Introduction

The Harvard Negotiation & Mediation Clinical Program (HNMCP) and the Systemic Justice Project (SJP) proudly launch a four-part blog series, with each of the works stemming from the program’ joint initiative called Real Talk. The Real Talk pilot program, an initiative for dialogue, diversity, equity, and inclusion, placed twenty student participants in four small groups… More

Tuesday, February 9, 2016

Trump’s Losing Negotiation Strategy

In many circles people imagine Donald Trump to be a skilled and savvy dealmaker. He wrote a book about reaching agreements, and he brags ad nauseum about building a corporate and real estate empire. He talks incessantly about how under his leadership America is going to “win” every negotiation it encounters. Right below the surface… More

Tuesday, November 10, 2015

Fallacies Of ADR Career Advice: Fallacy #5

This is the final post in a five-part blog series by HNMCP Clinical Instructor and Lecturer on Law Heather Scheiwe Kulp on advice to law students and young professionals interested in ADR as a career. The series is intended to examine the fallacies our students often hear, and to give us tools for both combating the fallacies… More

Wednesday, November 4, 2015

Fallacies of ADR Career Advice: Fallacy #4

This is the fourth in a five-part blog series by HNMCP Clinical Instructor and Lecturer on Law Heather Scheiwe Kulp on advice to law students and young professionals interested in ADR as a career. The series is intended to examine the fallacies our students often hear, and to give us tools for both combating the fallacies and responding… More

Wednesday, October 28, 2015

Fallacies of ADR Career Advice: Fallacy #3

This is the third in a five-part blog series on advice to law students and young professionals interested in ADR as a career. The series is intended to examine the fallacies our students often hear, and to give us tools for both combating the fallacies and responding with more positive advice. Comments are welcomed! By Heather Scheiwe Kulp  … More

Wednesday, October 21, 2015

Fallacies of ADR Career Advice: Fallacy #2

This is the second in a five-part blog series by HNMCP Clinical Instructor and Lecturer on Law Heather Scheiwe Kulp on advice to law students and young professionals interested in ADR as a career. The series is intended to examine the fallacies our students often hear, and to give us tools for both combating the fallacies and responding… More

Wednesday, October 14, 2015

Fallacies Underlying Common ADR Career Advice Given to Young Professionals

This is the first in a five-part blog series on advice to law students and young professionals interested in ADR as a career. The series is intended to examine the fallacies our students often hear, and to give us tools for both combating the fallacies and responding with more positive advice. Comments are welcomed!… More

Tuesday, October 13, 2015

Criteria Can Solve a Problem, but Delay a Difficult Conversation

By Prof. Robert C. Bordone   In recent months, the world has been transfixed by the ongoing struggle of migrants and refugees pouring into Europe in search of a better life. The flow of untold migrants into Europe has plunged the continent into a crisis it has not seen since the end of World War… More

Wednesday, September 30, 2015

Searching for a leader, not just a general

By Robert C. Bordone & Sara del Nido Listening to the language that most Presidential candidates have regularly been using in their speeches, it’s hard not to have a bunker mentality: battles, wars, and fights seem to be all around us. From Hillary Clinton to Donald Trump, nearly all the current candidates have engaged in… More

Wednesday, May 20, 2015

Reimagining Adjudication: ADR as a Laboratory

Ferguson. Staten Island. Cleveland. A national outcry against police brutality. A resounding call that Black Lives Matter. Not a moment, but a movement, to question the legal system: its actors, its tools, and its available remedies. Responding to this cry for systemic revision, Harvard Law School Dean Martha Minow and Yale Law School Dean Robert… More

Monday, April 20, 2015

What Wondrous Love is This? Reflections on the Role of Love in Solidarity Work in Palestine and the United States

“We came here to Palestine to stand in love and revolutionary struggle with our brothers and sisters. We come to a land that has been stolen by greed and destroyed by hate. We come here and we learn laws that have been cosigned in ink but written in the blood of the innocent. And we… More

Wednesday, April 15, 2015

Positionalism Fuels Fire in Family Court

May* never wanted to see her ex-girlfriend Jacki again, so she initiated the process of taking out a restraining order against her. After filing an initial petition with the family court, May obtained a temporary no contact order, prohibiting Jacki from going near her or talking to her, even through an intermediary. A tumultuous one-year… More

Tuesday, March 31, 2015

Bargaining in the Shadow of #47Traitors

Does one always bargain in the shadow of betrayal? Indisputably, parties to a negotiation are often concerned with deception. This looming fear creates a desire for trust, and as a direct result, parties might engage in certain behaviors in order to communicate their trustworthiness. However, this tactic can also serve as a façade for betrayal’s… More

Friday, March 27, 2015

Personalizing the Public Narrative

When I look at the LGBTQ and Christian communities, they seem to be at opposite ends of a chasm. It’s difficult to escape the narrative that LGBTQ protections are Christian suppression and Christian protections are LGBTQ suppression. This dichotomy goes back to at least the 1970’s, when Anita Bryant’s famed Save Our Children campaign threatened… More

Thursday, March 5, 2015

A Prescription for Better Communication

As the daughter of a surgeon, I grew up hearing about life in the halls of a hospital. My father worked long hours, but never tired of recounting the day’s (usually hectic) events to me and my siblings. On many occasions, his stories would end with the same conclusion: the most important trait of a… More

Thursday, February 19, 2015

Power, Protests, and Problem-Solving

As a first-year law student, I was only a few months into my training in alternative dispute resolution (ADR) when the grand jury decisions on the deaths of Mike Brown and Eric Gardner were announced. I had spent the last several months with Harvard Negotiators, a student practice organization focused on ADR, learning about active… More

Monday, February 2, 2015

The Mediator as Advocate

The view of the mediator as a process facilitator who “must be neutral with respect to negotiated outcomes” appears to underpin much of the tension between dispute resolution and advocacy explored in Professor Bordone’s earlier blog. Professor Joseph Stulberg, among others, thoughtfully and forcefully argues that “a mediator must be neutral because justice demands it.”… More

Tuesday, January 27, 2015

Working with “America’s Peacemaker” During Riots

Over the past several months, the deaths of Michael Brown, Eric Garner, and others at the hands of law enforcement have sparked movements across the country, bringing to the surface deeply embedded systems of privilege and oppression. Although these events were not unique, they are serving as a catalyst for change, with effects rippling throughout… More