The Harvard Negotiation and Mediation Clinical Program
cordially invites you to our 10th anniversary celebration!
Saturday, November 5, 2016, 8:30AM – 3:30PM
Harvard Law School, Wasserstein Hall, WCC 2012
An RSVP through Eventbrite is appreciated, but not required.
The event is free and open to the public. Breakfast and lunch are provided.
During the past 10 years, the program has grown from a handful of students pursuing independent clinical work, to a robust program of global clinical work in dispute systems design, innovative pedagogy around teamwork, and expanded course offerings in multiparty negotiation, group decision-making, teams, and facilitation. The program has cultivated a community of students, staff, alumni, and clients who care about improving the way individuals and institutions manage conflict and resolve disputes.
Morgan and Helen Chu Dean, Harvard Law School
Professor of Law, Harvard Law School
Robert C. Bordone
Founding Director, Harvard Negotiation & Mediation Clinical Program
Thaddeus R. Beal Clinical Professor of Law, Harvard Law School
Panel—Dispute Systems Design: Expanding Horizons
At its inception, Dispute Systems Design theory focused primarily on enabling organizations to better manage internal disputes. As the field has developed and matured, practitioners have used the same guiding principles to inform thoughtful work in other contexts, ranging from local communities to nations. This panel discussion will explore the unique challenges and benefits of using Dispute Systems Design principles outside the traditional context.
Moderator: Rachel Viscomi ’01
Assistant Director, Harvard Negotiation & Mediation Clinical Program
Lecturer on Law, Harvard Law School
Before coming to HNMCP, Ms. Viscomi worked as a Principal in the Corporate Education Practice of Vantage Partners, a Boston-based consulting firm that helps clients achieve business results by transforming the way they negotiate and manage their key relationships. At Vantage, Rachel worked closely with Fortune 500 clients from a wide range of industries to design and deliver experiences that maximized learning transfer and business impact. She managed the firm’s largest client relationship, working closely with internal stakeholders to create and oversee a best-in-class Negotiation and Influence Curriculum. She has taught conflict resolution sessions as part of UMass Boston’s Emerging Leaders Program, NALEO’s National Summit on the State of Latino Education, Amsterdam’s ADR Institute, and at The Citadel, The Military College of South Carolina. Prior to joining Vantage, Ms. Viscomi practiced as a civil litigator with the law firm of Bingham McCutchen, LLP, where she assisted a wide variety of clients in resolving complex commercial disputes. Rachel earned her undergraduate degree summa cum laude from Columbia College, with departmental honors, in Italian. She studied in Italy at the Università di Bologna and the Università degli studi di Firenze, earning her MA in Italian from Middlebury College with highest honors, before receiving her JD from Harvard Law School in 2001. At Harvard Law School, she supervises HNMCP projects, teaches Dispute Systems Design, and co-teaches Advanced Negotiation: Multiparty Negotiation, Group Decision Making, and Teams and The Lawyer as Facilitator.
Seanan Fong, HDS’16
Seanan Fong is the founder of Cylinder Project and serves as the solo ombudsman to a major tech company. He was an early employee at a venture-backed health startup, where he learned the intense challenges of early-stage companies. Mr. Fong has also served as a certified court-appointed mediator with the Harvard Mediation Program, a teaching team member at the Harvard Negotiation Institute, and a student in the Harvard Negotiation and Mediation Clinical Program. He draws deeply from his tenure as the intern minister at the First Parish in Cambridge, as well as his experience as an interfaith chaplain at Stanford Hospital. He has a B.A. from Stanford University, where he studied the philosophy of science and human biology, and an M.Div. from Harvard Divinity School. He is based in the Bay Area.
Stacie Nicole Smith
Senior Mediator & Director of Workable Peace, Consensus Building Institute
Ms. Smith has over sixteen years of experience as a mediator, facilitator, coach, trainer, and researcher on a broad range of public issues in the U.S. and internationally. Her work includes assessment, facilitation and mediation of multi-sector community and national stakeholder dialogues, disputes, and collaborations; training and curriculum design for international, national, and local government entities, NGOs, and schools; and research and writing on collaboration on public policy issues. Smith specializes in facilitating highly complex and contentious multi-party disputes around substantively challenging technical issues, where identities, values and interests intertwine. She brings particular substantive expertise in environment issues (land use, water, energy), historic and cultural resources, health, and education. Smith is member of the Environment and Public Policy Section and the Education Section of the Association for Conflict Resolution (ACR) and is listed on the U.S. Institute for Environmental Conflict Resolution’s National Roster of Environmental Dispute Resolution and Consensus Building Professionals, as well as the roster of the U.S. Environmental Protection Agency, the U.S. Department of Interior and the Massachusetts Office of Dispute Massachusetts Office of Dispute Resolution. She has served as Adjunct Professor at University of Massachusetts Boston, and guest lectures in Social Work, conceptualizing The Village Square after her experience working in politics convinced her that the way we work out our disagreements in today’s public square is fundamentally flawed. She was nominated by Leadership Tallahassee as Leader of the Year in 2010, named by the Tallahassee Democrat as one of “25 Women You Need to Know” in 2015, by the Girls Scouts as a “Woman of Distinction” in 2016 and was honored by United Church Women as a Woman of Peace. David Blankenhorn of the Institute for American Values called Joyner “likely the best organizer working in this area today.” She is a Knight Foundation Fellow and a participant in the 2015 Conclave on Political Polarization.
Stephan Sonnenberg, ’06
Faculty Member and Clinic Expert, Jigme Singye Wangchuck School of Law
Stephan Sonnenberg joined the Royal Institute of Law in 2015. He previously served on the clinical faculties of both Harvard and Stanford Law Schools, and is licensed to practice law in Massachusetts, California, and England & Wales. He received his BA degree from Brown University, a MA in Law and Diplomacy from the Fletcher School, a Cycle Internationale d’Études Politiques from Sciences-Po Paris, and a JD from Harvard Law School. He lives in Thimphu with his wife and two children.
Prof. Joseph B. (Josh) Stulberg
Michael E. Moritz Chair in Alternative Dispute Resolution, The Ohio State University Moritz College of Law
A former Vice President of the American Arbitration Association in charge of its Community Dispute Services, Prof. Stulberg regularly conducts mediation training programs for court-annexed programs, government agencies, and professional and community groups in the United States and internationally. He has published eleven books and manuals and more than forty-five articles on conflict resolution topics; he is co-chair of the Editorial Board of the ABA’s Dispute Resolution Magazine. Prof. Stulberg served as Reporter for the Joint Committee that developed the Model Standards of Conduct for Mediators (2005). He earned his J.D. from New York University School of Law and his Ph.D. in philosophy from the University of Rochester. He is a member of the New York Bar.
11:00 – 12:30 PM
Political Dialogue: The Promise and Perils of Facilitation
As we experience a particularly charged election season, genuine dialogue between those with differing and competing views on contentious political issues is in decline in both public and private spaces. This conversation will explore the power of dialogue to bridge differences as well the challenges and limits we face as facilitators in leading conversations around charged topics.
Moderator: Prof. Robert C. Bordone
Founding Director, Harvard Negotiation & Mediation Clinical Program
Thaddeus R. Beal Clinical Professor of Law, Harvard Law School
In addition to the serving as the lead instructor for Harvard Law School’s flagship Spring Negotiation Workshop, Prof. Bordone teaches several other courses in alternative dispute resolution, as well as in the Harvard Negotiation Institute and the Harvard Program on Negotiation’s Negotiation and Leadership Executive Education seminars. From 2001 through 2005 he was an Adjunct Professor of Law at Georgetown University Law Center. In 2006–2007 he was a Visiting Assistant Professor of Law at Georgetown University Law Center. In 2007, Prof. Bordone received The Albert Sacks-Paul Freund Teaching Award at Harvard Law School, presented annually to a member of the Harvard Law School faculty for teaching excellence, mentorship of students, and general contributions to the life of the Law School. In 2010 the International Institute for Conflict Prevention and Resolution (CPR) awarded him its Problem Solving in the Law School Curriculum Award for his innovative work in creating and building the Harvard Negotiation & Mediation Clinical Program
Prof. Bordones’s research interests include the assessment, reform, design, and implementation of dispute handling systems, the role of intrapersonal conflict or “the negotiation within” on dispute resolution with others, and developing and testing methods of effective public dialogue on issues that cut to the core of identity, meaning, belonging, and belief. He is the co-author of two books: Designing Systems and Processes for Managing Disputes and The Handbook of Dispute Resolution. He has also published articles in leading dispute resolution journals including the Harvard Negotiation Law Review, the Ohio State Journal on Dispute Resolution, the Journal of Dispute Resolution, Negotiation Briefings, Dispute Resolution Magazine, and Negotiation Journal.
As a professional facilitator and conflict resolution consultant, Prof. Bordone works with individual, non-profit, governmental, and corporate clients across many sectors. He is the Associate Editor of the Negotiation Journal and a member of its Editorial Advisory Board, a member of the Program on Negotiation Executive Committee, and faculty adviser to the Harvard Mediation Program, the Harvard Negotiation Law Review, Harvard Law School Negotiators, HLS LAMBDA, and the Harvard Catholic Student Organization.
Prior to coming to Harvard, Bob clerked for the Honorable George A. O’Toole, Jr. of the United States District Court for Massachusetts. Bob is a summa cum laude graduate of Dartmouth College where he majored in Government and a cum laude graduate of Harvard Law School. He is a member of the bars of New York, New Jersey, and the District of Columbia.
Toby Berkman ’10
Associate, Consensus Building Institute
Toby Berkman is a member of the Program on Negotiation at Harvard Law School affiliated faculty, where he teaches courses on negotiation, dispute resolution, and collaborative problem solving to executives and professionals from around the world. He has been working in the field of dispute resolution since 2003 as a mediator, facilitator, negotiation coach, researcher, and author, striving to empower individuals, organizations and stakeholders to resolve issues, reach better, more durable agreements and build stronger relationships. His client base includes a diverse set of public and private sector organizations including U.S. federal and state government agencies, international governmental organizations, Fortune 500 companies, and charitable foundations. Toby received his JD magna cum laude from Harvard Law School in 2010, where he was an editor of the Harvard Law Review and a mediator with the Harvard Mediation Program. He also received an MA in Public Policy from the Harvard Kennedy School of Government in 2010, where he was awarded the Zuckerman Fellowship for academic excellence and commitment to public service.
Principal, Ghais Mediation & Facilitation
Suzanne Ghais is principal at Ghais Mediation and Facilitation and an adjunct instructor at American University’s School of International Service. She recently completed her PhD in international relations with a focus on peace processes at American University. Her consulting practice offers mediation, facilitation, training, and other conflict resolution services in several arenas including peacemaking, environmental controversies, and workplace issues. Dr. Ghais teaches two courses, Conflict Assessment and Prevention and International Negotiation, through AU’s online master’s program in international relations. Prior to her doctoral studies, Dr. Ghais practiced mediation and facilitation as a solo consultant (2006–2010) and at CDR Associates in Boulder, Colorado (1996–2006), addressing workplace and public policy issues and conducting research and evaluation on peacebuilding projects. Her clients included government agencies at all levels, universities, non-profit organizations, and professional service firms. Dr. Ghais has conducted dozens of training courses on mediation, facilitation, arbitration, negotiation, and conflict resolution skills. She is the author of Extreme Facilitation: Guiding Groups through Controversy and Complexity (Jossey-Bass/Wiley, 2005) as well as numerous articles. She earned her BA degree from Brown University in 1990 and her MA degree from the Institute for Conflict Analysis and Resolution at George Mason University in 1996. She lives in the Denver area with her husband and two daughters.
Executive Director, The Village Square
Liz Joyner is the co-founder and executive director of The Village Square, a nonprofit dedicated to reviving civic connections across divisions inside American communities. Named by retired U.S. Senator Olympia Snowe as one of eight organizations to support if you’re concerned about the deepening partisan divide, the Village Square has received support from the John S. and James L. Knight Foundation, the Reid Hoffman Foundation and is the recipient of the 2015 Statewide Impact Award from Leadership Florida – which recognizes an organization that has created a body of work that can impact Florida as a whole. Liz has a master’s degree in Social Work, conceptualizing the Village Square after her experience working in politics convinced her that the way we work out our disagreements in today’s public square is fundamentally flawed. She was nominated by Leadership Tallahassee as Leader of the Year in 2010, named by the Tallahassee Democrat as one of “25 Women You Need to Know” in 2015, by the Girls Scouts as a “Woman of Distinction” in 2016 and was honored by United Church Women as a Woman of Peace. David Blankenhorn of the Institute for American Values called Joyner “likely the best organizer working in this area today.” She is a Knight Foundation Fellow and a participant in the 2015 Conclave on Political Polarization at Esalen Institute.
Heather Scheiwe Kulp
Clinical Instructor, Harvard Negotiation & Mediation Clinical Program
Lecturer on Law, Harvard Law School
Prior to joining Harvard Law, Heather was a Skadden Fellow at Resolution Systems Institute/Center for Conflict Resolution in Chicago. While a Skadden Fellow, she designed court- and government-based conflict management systems for self-represented and low-income parties. She focused on foreclosure dispute resolution programs, but also conducted research and systems design in the areas of elder, child custody, and small claims mediation. Her conflict management consulting clients have included Physicians Computer Company, the State of Hawaii, the Uniform Law Commission, and the Utah Bar Association. Her work is published in scholarly and popular press, including the American Bar Association, the Los Angeles Times, the Pepperdine Dispute Resolution Law Journal, and Wipf & Stock. Heather supervises HNMCP projects and is on the teaching team for the Negotiation Workshop. As a Clinical Fellow with HNMCP, Heather worked with Professor Bob Bordone to develop The Lawyer as Facilitator course and the Political Dialogue Project. Heather earned her JD from Northwestern University School of Law and her BA from Saint Olaf College. Prior to attending law school, she founded and directed an alternative magazine for young women, Alive Magazine.
Fr. Josh Thomas
Executive Director of Kids4Peace International
Fr. Josh Thomas is Executive Director of Kids4Peace International, a Jerusalem-based interfaith youth movement serving more than 1,800 Jewish, Christian and Muslim teens, parents, volunteers each year. Through a network of local chapters, KidsPeace operates long-term programs of dialogue and social action for youth age 12-18, along with parallel initiatives for parents and young adults. Thomas is an Episcopal priest and graduate of Dartmouth College and Union Theological Seminary. He has more than a decade of experience in youth education, interfaith dialogue and peacebuilding as a scholar and practitioner; receiving research and practice grants from the US Institute of Peace and USAID. He has taught religious education, interfaith dialogue and peacebuilding seminars at Emory University and Boston University School of Theology and currently serves on the Board of the Alliance for Middle East Peace.
12:30 – 1:30 PM
1:30 – 3:30 PM
Performance of Capers and Facilitated Discussion
Written and performed by Anu Yadav
Directed and developed by Patrick Crowley based on the housing struggle of Friends & Residents of Arthur Capper/Carrollsburg
A one-woman show by Anu Yadav, based on the stories of families at Arthur Capper/Carrollsburg public housing projects in southeast DC, who protested the demolition of their neighborhood. The play raises complex questions around whether and how one intervenes in a community or conflict that is not one’s own. With introduction and post-show discussion with returning resident and community organizer Debra Frazier.
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