Friday, January 31, 2014



There have been exciting publications from HNMCP and HLS faculty, staff and students this year!


The foreclosure crisis has affected thousands of families, businesses, and neighborhoods. In the November/December issue of Probate & Property, HNMCP Clinical Fellow Heather Kulp examined the effectiveness of foreclosure dispute resolution programs and their ability to help remedy the crisis in “Foreclosure Dispute Resolution Programs: Do They Work?”



By Elizabeth Moroney

For years, HNMCP Director Bob Bordone lamented that there was not an easily accessible, high quality teaching resource for negotiation instructors to demonstrate a range of critical negotiation behaviors to their students.  Bordone explains, “Helping students develop new behavioral moves in the heat of the moment and deepen their capacity for self-diagnosis and reflection is hard work.” Bordone and his staff at the Harvard Negotiation and Mediation Clinical Program use the teaching technique of “fishbowls” in the HLS classroom to great effect—in which the professor moderates a live negotiation, with teaching assistants role playing the negotiation and students stopping the action frequently to discuss the proceedings as they unfold. But when teaching executive education classes where time and teaching staff might be more limited or when teaching to very large groups, it is often difficult to use these live “fishbowls.” Hoping to bring the fishbowl technique to more classrooms, Bordone and colleagues Toby Berkman and Chad Carr spearheaded the Critical Decisions in Negotiation project, now available as a 3-DVD set on the Case Studies portal.

Read the full story here.
Order the Critical Decisions in Negotiation DVD set here.

Read Bob Bordone and Chad Carr’s Negotiation Journal article about creating this teaching tool and how to use it in the classroom here.


“Major League Baseball’s salary arbitration system strikes a unique balance during a player’s first six major league seasons between teams completely controlling players and players earning their fair market value. Critically, the system resolves the issue of player salaries prior to, or, at the latest, early in spring training. This system developed somewhat serendipitously over more than a century of court battles, labor negotiations, and back room deals. Despite this ad hoc history, Major League Baseball’s salary arbitration system successfully handles and resolves these salary disputes.”

So writes Jeff Monhait ’12 in his article “Baseball Arbitration: An ADR Success,” which was published in the Winter 2013 issue of the Journal of Sports & Entertainment Law at Harvard Law School.


Winning from Within by leadership and negotiation expert Erica Ariel Fox ’95 presents a contemporary approach for getting more of what you want, improving relationships, and enjoying life’s deeper rewards.

With principles developed while teaching negotiation at Harvard Law School and coaching executives around the world, Fox provides a map for understanding your inner world and a method for diagnosing barriers to your own success.

Fox uses insights from Western psychology and Eastern philosophy to resolve the gap between what people know they should say and what they actually do. She explains how to master your “inner negotiators,” whether working with a difficult client, struggling with a stubborn spouse, or developing your highest leadership potential.

Erica Ariel Fox is the Founder and Director of the Global Negotiation Insight Institute and a partner at Mobius Executive Leadership. Over the past dozen years, she has taught negotiation around the world. Erica graduated from Princeton University and spent a year living in Israel before coming to Harvard Law School. She has published essays and articles in the Negotiation Journal, the Harvard Negotiation Law Review, the Dispute Resolution Magazine, and ACResolution.

Since our last newsletter, the HNMCP staff have written various Op-Eds and Prof. Bordone was interviews several times around the Syrian and Fiscal Standoff crises.

Bob Bordone Interviewed On Annenberg Radio On The Government Shutdown”

Bob Bordone Interviewed on BBC Radio on the Government Shutdown

Bob Bordone and Clinical Instructor/Lecturer on Law Alonzo Emery imagined a speech for Pres. Obama to give around the Syrian crises that could lead the way out of conflict while saving face for WBUR’s Cognoscenti

Bob Bordone and Alonzo Emery wrote an Op-Ed on “How Obama Can Be Tuff in Syria” for the Harvard Negotiation Law Review.