Negotiation Workshop Faculty – Winter

Robert MnookinRobert Mnookin

I left Stanford Law School and arrived here at HLS in 1993 to become the Samuel Williston Professor of Law, the Chair of the Program on Negotiation at Harvard Law School, and the Director of the Harvard Negotiation Research Project.

My interests and approach to negotiation and conflict resolution are broadly interdisciplinary and I enjoy drawing on economics and psychology in my work. Outside the academy, I have had the opportunity to apply my approach to a remarkable range of problems, both public and private. I have successfully mediated many complex commercial disputes. Over the years I have also taught numerous workshops for corporations, governmental agencies and law firms throughout the world and trained many executives and professionals in negotiation and mediation skills.

Before joining the Harvard Faculty, I was the Adelbert H. Sweet Professor of Law at Stanford Law School and the Director of the Stanford Center on Conflict and Negotiation, an interdisciplinary group concerned with overcoming barriers to the negotiated resolution of conflict. I received  my

A.B. in Economics from Harvard College in 1964 and my law degree from Harvard Law School in 1968. After serving as a law clerk to Supreme Court Justice John M. Harlan, I joined the San Francisco law firm of Howard, Rice, Nemerovski, Canady, Robertson & Falk. I began teaching law at Boalt Hall, U.C. Berkeley, in 1972 and was on the Stanford Faculty from 1981 until 1993. I have been a Visiting Fellow at Wolfson College, Oxford University, a Visiting Professor of Law at Columbia Law School, and the holder of the Francqui International Chair at the University of Leuven in Belgium. In 2006 – 2007 I was a Fellow at the Center for Advanced Study in the Behavioral Sciences at Stanford University. I am a member of the American Academy of Arts and Sciences.

I have written or edited eleven books and numerous scholarly articles. In addition to Beyond Winning: Negotiating to Create Value in Deals and Disputes and Bargaining with the Devil, other books relating to dispute resolution include Kissinger the Negotiator: Lessons from Dealmaking at the Highest Level (with James K. Sebenius and R. Nicholas Burns), Negotiating on Behalf of Others, an exploration of the role of agents in negotiation which I co-edited with Professor Lawrence Susskind; Barriers to Conflict Resolution, a joint project with members and associates of the Stanford Center on Conflict and Negotiation, and Dividing the Child: Social and Legal Dilemmas of Custody (with Eleanor Maccoby), an empirical study which examines the social, legal and economic realities of how divorcing parents make arrangements for their children. My most recent book is The Jewish American Paradox: Embracing Choice in a Changing World. My best-known law review article is probably “Bargaining in the Shadow of the Law: The Case of Divorce,” written with Lewis Kornhauser and published in the Yale Law Journal. My current research projects include interviewing every living American Secretary of State about their most difficult diplomatic negotiations (together with Professors Nicholas Burns of the Kennedy School and James Sebenius.

 

Sheila Heen

I am a Lecturer on Law at Harvard and a founder of Triad Consulting Group, a Cambridge firm which works with executives and organizations to build their capacity to engage their most important conversations, strengthen working relationships and improve decision-making.

Through my corporate education and consulting practice, I get to work with a wide variety of clients. In addition to corporate clients like Pixar, Novartis, Cisco, HSBC, the Federal Reserve Bank, Tatweer of Dubai, and Standard Bank of South Africa, I have also provided training for the Singapore Supreme Court, assisted Greek and Turkish Cypriots grappling with the conflict that divides their island and spent 15 hours locked in a room with six theologians, discussing their differences on the nature of truth and God. I have recently worked with the White House, helping senior political appointees and senior civil service executives get things done across agencies.

Doug Stone and I have spent the last few years working on the challenges of receiving feedback.  Particularly for high achievers, seeing ourselves accurately and taking in others’

suggestions, complaints, criticisms, or even compliments can be complicated. We have all kinds of reactions—not just to what they’re saying (“that’s not true”), but also to who is giving us feedback (“they’re one to talk”), and where, when, why and how they are offering it. Add to this the fact that some of us are oversensitive to feedback while others under-sensitive, and you’ve got a complex challenge on your hands if we’re going to help each other learn and grow. All of this is the subject of Thanks for the Feedback: The Science and Art of Receiving Feedback Well (Even When It Is Off-Base, Unfair, Poorly Delivered, and Frankly, You’re Not in the Mood) (Penguin 2015) and also a central challenge of the Winter Negotiation Workshop. How to accelerate your learning in this class, and to continue to build your negotiation skills for the rest of your career and your life?

I am also a co-author of Difficult Conversations: How to Discuss What Matters Most, (Penguin, 2nd ed. 2010) which has (also) appeared on the New York Times Business Bestseller List. I have been on NPR, the G. Gordon Liddy show, CNBC PowerLunch, Fox News, and Oprah, and to speak at Google, Apple and Microsoft. My articles, cases, and book chapters on negotiation have appeared in publications as diverse as the Negotiation Journal and Real Simple magazine, Fortune, the Harvard Business Review, and the New York Times Modern Love column. I received my BA from Occidental College in Los Angeles, and my JD from Harvard Law School. My husband also teaches negotiation, currently at MIT’s Sloan School of Business, and we are schooled in negotiation daily by our three children.

Nerd of the year:  I still have my 1L negotiation journal.

 

Kathy Holub

As a consultant in dispute resolution, I recently made a big change in my practice.  After 10-plus years conducting negotiation workshops for executives and professionals all over the world, I now use negotiation techniques to help families resolve inheritance conflicts.  So far my clients have been mostly individuals, but I also work with families as a group.  Their disputes involve inherited assets, family enterprises, estate plans, elder care, and, of course, relationships.  I find it deeply rewarding to help my clients overcome stalemates that have been years in the making.

I am also a lecturer at two law schools.  In addition to the Negotiation Workshop at HLS, I have taught a similar workshop at Columbia Law School for many years.

Conflict resolution is a second career for me.  My first was in journalism.  I started at the tiny Delta Democrat-Times in Greenville, Mississippi, which provided one of the greatest adventures of my life.  I then moved to the San Jose (CA) Mercury News, where I covered Silicon Valley and became a staff writer for the Sunday magazine.  I was part of a team that won a Pulitzer Prize in General News Reporting, and my work has appeared in many other publications.

The link between these two careers was a pivotal year at Stanford University as a Knight Fellow in Journalism.  This fellowship was created to give experienced journalists time for study and self-renewal.  I needed both of these things.  After 15 years in journalism, I was burned out and struggling with a massive career crisis.  On the first day of my fellowship, I dropped in on the Negotiation Workshop at Stanford Law School, taught by Bob Mnookin.  I was hooked from the first class.  The next year I tossed journalism overboard and went to law school.

I have an A.B. in Government from Harvard University and a J.D. from Yale Law School.  I clerked for the Hon. Sonia Sotomayor in the Southern District of New York and practiced law for two years before moving into teaching and consulting.  I live in New York City.

 

Linda Netsch

After more than fifteen years of running a business and traveling too much, I joined the law firm of Fenwick & West in San Francisco. I am now the General Manager of FLEX by Fenwick, a service of Fenwick & West that matches clients needing flexible in-house legal support with experienced attorneys. Our clients range from high growth startups to Fortune 500 companies, primarily in the technology and life sciences fields. I enjoy putting the skills of negotiation into practice every day, including thoroughly understanding the interests of our clients, negotiating engagement terms with other lawyers, advocating for budget and resources with our CFO, and managing a team of lawyers.

Prior to joining Fenwick & West, I founded Align Consulting, providing negotiation, coaching, and conflict resolution services. I worked with clients from fields including technology, life sciences, banking & finance, healthcare, law, government, and education.  My projects included helping companies prepare for and conduct major negotiations, working with international organizations to manage cultural and communication challenges, and implementing major corporate change initiatives. Executive coaching and leadership development were also part of my practice, as was mediation of organizational and employee disputes.

I’ve worked extensively with Silicon Valley entrepreneurs on their business and legal negotiations, as well as on their pitches to investors.  I served as an Executive-in-Residence at a technology incubator, and as a member of Golden Seeds, an early-stage investment firm with a focus on women leaders. As Treasurer of the Board of the Silicon Valley Humane Society, I had the good fortune to work with other animal lovers to raise and manage funds for one of my favorite nonprofit organizations.

In addition to training and consulting, I practiced law at an entertainment law firm in Los Angeles and worked as an Alternative Dispute Resolution (ADR) Attorney at the US Postal Service Headquarters in Washington, D.C.  As an ADR attorney, my duties involved increasing the use and effectiveness of negotiation, mediation, and other alternative dispute resolution processes within the Postal Service.  I also mediated federal contract and employment disputes and facilitated sessions on changing federal rules and regulations.

Before private law practice, I served as an officer in the US Air Force – first as a communications-electronics program manager for a NATO satellite project and then as an attorney practicing criminal prosecution, contract, and labor law.  I was on the faculty of the Air Force Academy where I taught business law and negotiation.

I have a B.S. in Molecular Biology from the University of Wisconsin-Madison and a law degree from Harvard Law School.  I live in the San Francisco Bay area.

 

Doug Stone - Headshot

Doug Stone

I am a founder of Triad Consulting Group and a Lecturer on Law at Harvard Law School, where I have taught for over 20 years.

Through Triad, I consult to a wide range of organizations, including Honda, HP, Merck, and Time Warner, and I’ve lectured at the “universities” at Apple, Google, Microsoft, and Pixar. I’ve worked with journalists in South Africa, diplomats at the former Organization of African Unity, police and community leaders in Springfield, MA, and doctors at UN/AIDS and W.H.O. I’ve also worked with the Boston Area Rape Crisis Center, the Nuclear Regulatory Commission, and the US White House. I’ve lectured at Birzeit University in Ramallah, at Kashmir University in Srinagar, and was a Wexner Scholar in Jerusalem. In 1999, Sheila Heen and I were on Oprah.

I am co-author of Difficult Conversations (2nd ed. 2010), which has been translated into 25 languages and is a New York Times Business Bestseller. In fact, it may be the best book ever written. I am also co-author of New York Times Bestseller Thanks for the Feedback, which came out in March 2014.

I graduated from Brown in 1980 and Harvard Law School in 1984. Prior to returning to Harvard, I practiced transactional and regulatory banking law at firms in Boston and New York. There are rumors that I was asked to write for Beavis and Butthead, but seriously, how could that be true?

 

Alain VerbekeAlain-Laurent Verbeke

In the first place, I am father of Alexander, Charlotte and Jan-Willem, and husband, for more than 31 years, of Els. As an ABCD (Auto-immune Beta Cell Disorder) patient with type 1 (juvenile) diabetes, mindfulness and small happiness guide my life.

I am a Visiting Professor of Law at Harvard Law School since 2007. For 29 years now, I have been a Full Professor of Private Law & ADR at the University of Leuven, teaching contracts, family property law, estate planning, negotiation and mediation. I am also Professor of Law at Tilburg Law School (since 1999) and UCP Lisbon Global School of Law (since 2008). At the Leuven Faculty of Law, I am director of the Rector Dillemans Family Property Law Institute, Co-Director of the Center for Notary Law and the Institute for Contract Law and, at the Faculty of Psychology, co-chair of LCM (Leuven Center for Collaborative Management). In both faculties I am (co)supervising numerous Ph.D. and post-doctoral research. For all my research see http://www.law.kuleuven.be/fvr/nl/pdf/cvALV and for some publications, see http://ssrn.com/author=1126172. In 2006, I was sponsor of the International Francqui Chair, awarded to Professor Mnookin, who came for six months to Leuven. In 2010-2011, I received the Belgian Francqui Chair at the University of Brussels, on the theme “collaborative negotiation as inspiration for new professional ethics”. In 2014-2015, I received the KBC Chair in Family Wealth at Antwerp Management School.

As a private client attorney at the Bar of Brussels, I am Senior Partner at Greenille by Laga, the private client department of Laga Deloitte Private. On the preventive side, I give estate planning advice and coach and facilitate processes of next gen transition, family dynamics and governance in large family businesses. On the conflict side, I am mostly negotiating family wealth or family business disputes, including inheritance, divorce and contract cases. I also am a mediator and arbitrator.

I have a Bachelors degree in Philosophy magna cum laude (University of Leuven 1984), Masters degree in Law (J.D.) summa cum laude (University of Leuven 1987), LL.M summa cum laude (University of Michigan Law School, Ann Arbor 1988), Ph.D. in Law (University of Leuven 1991), Masters degree in Notary Law summa cum laude (University of Ghent 1995), Post-doctoral Fellow in Negotiation (Harvard Law School Winter Term 2005).