Negotiation Strategies for Mutual Gain: The Basic Seminar of the Program on Negotiation at Harvard Law School

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Edited by: Lavinia Hall

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    Introduction

    The work of righteousness shall be peace and the effect of righteousness, quietness, and assurance forever.

    Isaiah 32:17

    We have thought of peace as passive and war as the active way of living. The opposite is true. War is not the most strenuous life. It is a kind of rest cure compared to the task of reconciling our differences. From war to peace is ampnumx2026; from the futile to the effective, from the strategic to the active, from the destructive to the creative way of lifeampnumx2026;. The world will be regenerated by the people who rise above these passive ways and heroically seek, by whatever hardship, by whatever toil, the methods by which people can agree.

    Mary Parker Follett

    This book is for people in all fields who need to deal with conflict and resolve issues on a continual basis. Conflicts, improperly managed, within or between organizations or between individuals, are frustrating and waste valuable resources of time, energy, and finances. The Harvard Program on Negotiation is dedicated to improving the processes of reaching agreements. It assumes that conflicts, managed well, can provide the impetus for growth, constructive change, and mutual benefit. Ideas for settling disputes, improving communication, and changing the nature of certain debates are covered in this book.

    Negotiation: Strategies for Mutual Gain is about breaking the paradigm of winning and losing and transforming negotiation into a search for improved solutions to problems. While many successful businessmen, judges, lawyers, therapists, and other people act on this instinctively, the common wisdom still holds that nice guys finish last and that asking for more than you want or need ensures that you will get your minimum.

    An assumption of the Harvard Program on Negotiation is that there is nothing so practical as good theory, and nothing more stimulating to good theory than engaging in practice. While fully developed academic theories are as yet few in this relatively new area of study, the invention of new techniques and their creative application to everyday situations and negotiations is quite productive, as I think this volume attests.

    This is a collection of key ideas and process strategies about negotiating and resolving disputes more effectively. All of the authors have been lecturers in the seminar of the Program of Negotiation at Harvard Law School. Each of their lectures is organized around a key idea in their work and expands on their particular approach to dispute resolution and problem solving. In some cases the lectures have simply been edited; in others, it was necessary to construct a separate chapter because of the format of the original lecture. In the case of Roger Fisherampnumx0027;s presentation, we decided that the chapter on power from his 1991 edition of Getting to Yes, co-authored with Bill Ury and Bruce Patton, was the best version.

    The book itself is an outgrowth of a popular semester-length seminar that is given each year at Radcliffe by the Harvard Program on Negotiation. It is open to graduate students and professionals. I designed it and was its main instructor during its initial 3 years. The idea for the seminar as the core of the program was the brainchild of Lawrence Susskind, then executive director of the Program on Negotiation, who obtained initial funding from the Hewlett and Exxon foundations to help spread the word about the academic work and fieldwork being done in negotiation. He asked me to create a seminar that would be a window on the field of negotiation and dispute resolution ideas developed by faculty and affiliated practitioners. I remain grateful for the chance it provided to work with enthusiastic theorists, practitioners, and students of negotiation and dispute resolution.

    Designing and teaching the seminar provided fertile ground for honing my own mediation skills, because the faculty often saw different issues as most worthy of being emphasized and presented a wide range of exciting ideas, case studies, and simulations. To some degree, the pedagogy of the course follows literary critic Kenneth Burkeampnumx0027;s idea of developing ampnumx201C;perspectives by incongruity.ampnumx201D; Rather than reconciling the contradictions and gaps in the lecturersampnumx0027; approaches vis-ampnumx00E0;-vis each other, the students and I needed to spend substantial time debating and integrating the ideas presented into their own frameworks of negotiation and dispute resolution practice. It allowed, indeed required, them to synthesize things for themselves in order to develop their own work. Pedagogically speaking, we were learning to learn.

    Negotiation (much as the structure of the course does) attempts to present a set of ideas, organized around frameworks for improving negotiation; the challenges to applying these ideas in organizational settings; and some analyses of individual behavior in negotiation. It is hoped that the format offers readers the chance to pick and choose among its ideas for integration into their own practice at work, at home and in a variety of negotiations where its ideas prove useful.

    In Negotiation, the most compelling and unifying theme is the critical importance of good process. Virtually all of the authors, from Roger Fisher in his analysis of the elements of negotiation power, to Gerry Williamsampnumx0027;s description of lawyersampnumx0027; negotiating, emphasize the need for negotiators to develop awareness and constructive processes. All of the authors are positive in outlook and firmly believe that reframing how we negotiate and problem solve is highly possible; they are also realistic and demonstrate how hard it is at times to change ingrained habits. These brief, birdampnumx0027;s-eye looks at some of the most interesting ideas in negotiation and dispute resolution work today should hearten us all about the possibilities of improving outcomes by improving the processes we use to reach them.

    For those interested, the full curriculum and pedagogical design of the course itself is presented in Appendix I. It was first given in the fall of 1985 and has been given annually since then. Approximately half of the participants are graduate students and the balance are professionals (lawyers, psychotherapists, planners, managers) seeking ways to incorporate negotiation and dispute resolution techniques and practice into their work. The approach is intentionally cross-disciplinary; the premise is that negotiation is not a field in itself but rather a set of process and analytic skills that can be applied to good effect in courts, diplomacy, city planning, and inside corporations and government agencies.

    I would like to thank all the contributors for their time and work in helping the Program on Negotiation and the National Institute for Dispute Resolution, which will share all proceeds from this book. Thanks also to all those lecturers who have participated over the six years of the program. The National Institute for Dispute Resolution provided funding for the bookampnumx0027;s production, and I must thank Michael Lewis and Madeleine Crohn also for their support and patience when it took longer than anticipated. Esther Siskind helped in the early stages of copy editing, and Maria Hortaridis and Meemee Swofford were an enormous help in final typing and production.

    Chris Christensen of Harvard Business School taught a seminar about teaching that helped me think about how to present these ideas. Finally, I am grateful to past and present students of the seminar who continue to demonstrate what learning to learn by unfreezing old habits and integrating these techniques into practice really means.

    All proceeds from this book will be divided between the Program on Negotiation at Harvard Law School and the National Institute for Dispute Resolution to further their work.

    LaviniaHallLincoln, MA
  • Appendices

    Appendix I: Sample Curriculum on Negotiation and Dispute Resolution

    The following is an outline of the curriculum for the seminar that I taught and from which I created the book. I designed the course to be approximately one-third lecture and discussion led by the main instructor, one-third lectures by guest lecturers, and one-third experiential exercises and simulations including two all-day classes. Weekly seminar sessions run 2ampnumx00BD; hours for a full semester.

    The course was designed and taught by me in its first 3 years as a window on the field of dispute resolution techniques and theories currently being worked on by practitioners and academics chiefly from the Boston area. Each year, the guest lecturers varied, although over the past 7 years, some guests have spoken more than once. The topics covered by guest lecturers also change annually, but are designed with a balance between different perspectives.

    The course aims to teach a range of effective negotiation and dispute resolution practices. Its goal is to have students become aware of their own and othersampnumx0027; behavior in negotiation and the effect or response that their communication has on others. The skills taught in the course include reversing roles and seeing the other sideampnumx0027;s perspective, creating mutually acceptable options, and using external standards to evaluate agreements. The participants are both graduate students and professionals (lawyers, psychotherapists, urban planners, businesspeople, etc.) who wish to improve their negotiating and dispute resolution skills.

    All students are required to keep a journal that reflects on their real-world negotiations and relates to the readings, lectures and discussions in the course. Where possible, students are urged to write in it daily, and then turn in their journals at midterm and the end of the semester. In addition, two sets of questions, based on the course for that year, are developed by the students and instructor at midterm and at the end of the term and answered by each student. Examples of such questions follow the sample curriculum below.

    The following texts are assigned to be read in advance of the course, if possible. While specific readings are assigned during the semester, reading the four books in their entirety is strongly recommended. The books are:

    Fisher and Ury (1981), Getting to Yes

    Raiffa (1982), The Art and Science of Negotiation

    In addition, two other books should be read for background. These are:

    Pruitt and Rubin (1986), Social Conflict: Escalation, Stalemate and and Settlement

    Susskind and Cruikshank (1987), Breaking the Impasse

    Exercises are handed out in class as are copies of particular articles. (A sample exercise is contained as an appendix to Roweampnumx0027;s chapter in this volume.) Finally, the additional articles are assigned for the relevant session. All exercises are available through Harvard Program on Negotiation (see Appendix II).

    Session I. Overview of Seminar

    ampnumx201C;Window-on-the-fieldampnumx201D; integrative approach; mapping of sessions, readings, and goals of the workshop sessions.

    Exercise

    ampnumx201C;Pepulatorampnumx201D;

    Readings (to be read after first class meeting)

    Fisher and Ury (1981), Getting to Yes (reread)

    Hofstadter (1983), ampnumx201C;Metamagical Themasampnumx201D;

    White (1985), ampnumx201C;Review of Getting to Yesampnumx201D;

    McCarthy (1985), ampnumx201C;The Role of Power and Principle in Getting to Yesampnumx201D;

    Fisher (1985), ampnumx201C;Beyond YESampnumx201D;

    Bazerman (1987), ampnumx201C;Six Years Later: Where Negotiation Is Now and Where It Should Goampnumx201D;

    During the first all-day workshop and the second one at midterm, the class is exposed to different dispute resolution techniques including negotiation, mediation, facilitation, and collaborative problem solving.

    Saturday Workshop I
    9:15ampnumx2013;12:00Positions Versus Interests: An analysis of principled negotiation and its techniques in contrast to positional bargaining and other theories of horse trading
    Exercise: ampnumx201C;Sally Swansongampnumx201D; and debriefing
    12:00-1:00Lunch and preparation for exercise
    1:00-5:00Exercise: ampnumx201C;Harborcoampnumx201D; and debriefing

    Readings

    Raiffa (1982, pp. 137ampnumx2013;147), The Art and Science of Negotiation (reread)

    Schelling (1960), ampnumx201C;Essay on Bargainingampnumx201D;

    Lewicki and Litterer (1985, chap. 5), ampnumx201C;Strategies and Tactics of Integrative Bargainingampnumx201D;

    II. Alternative Dispute Resolution and the Legal System

    Readings

    Sander (1985), ampnumx201C;Alternatives Inside and Outside the Courts: The Forgotten Forumsampnumx201D;

    Goldberg, Green, and Sander (1985, chap. 1), ampnumx201C;The Disputing Universeampnumx201D;

    Zack (1980), ampnumx201C;Understanding Grievance Arbitration in the Public Sectorampnumx201D;

    Bazerman and Farber (1984), ampnumx201C;Analyzing the Decision Making Processes of Third Partiesampnumx201D;

    III. Mediated Negotiation and Public Disputes

    Readings

    Susskind and Cruikshank (1987, chaps.) ampnumx201C;Introductionampnumx201D; and ampnumx201C;Assisted Negotiationampnumx201D;

    IV. The Issue of Gender in Negotiation

    Guest Lecturer

    Jeffrey Rubin

    Readings

    Rubin and Brown (1985), ampnumx201C;Bargainers as Individualsampnumx201D;

    Pruitt and Rubin (1986) Social Conflict: Escalation, Stalemate and Settlement Random House (look through generally)

    V. Ways of Disputing, an Ombuds Perspective

    Guest Lecturer

    Mary Rowe

    Readings

    Rowe (1987), ampnumx201C;The Corporate Ombudsman: An Overview and Analysisampnumx201D; Questions to be handed out

    VI. Mediation

    Exercise

    ampnumx201C;Neighborhood Careampnumx201D;

    Video

    Mediation

    Readings

    Bercovitch (1984), ampnumx201C;Uniform or Diverse Interventionsampnumx201D;

    Journals and answers to questions are due. Students should also submit any questions that they would like to discuss at the midterm discussion on this date.

    VII. Mid-Course Discussion: What are the Common and Conflict Themes and Issues So Far?

    Readings

    Lewicki and Litterer (1985, chap.), ampnumx201C;Planning and Preparationampnumx201D;

    Fisher (1983), ampnumx201C;Negotiating Powerampnumx201D;

    Lax and Sebenius (1986, chaps.), ampnumx201C;Creating and Claiming Valueampnumx201D; and ampnumx201C;The Managerampnumx0027;s Dilemmaampnumx201D;

    Raiffa (1982, pp. 119ampnumx2013;130), The Art and Science of Negotiation (reread)

    Schelling (1960, chap.), ampnumx201C;An Essay on Bargainingampnumx201D; (reread)

    VIII. Intra-organizational Conflict

    Guest Lecturer

    Deborah Kolb

    Readings

    Kolb (1987), ampnumx201C;Out of Sightampnumx201D;

    Saturday Workshop II
    9:15ampnumx2013;12:30Facilitation and Collaborative Problem Solving
    Exercise: ampnumx201C;Dirty Stuffampnumx201D;
    12:30-1:30Lunch
    1:30-5:00Video on union negotiation, Final Offer

    Reading

    Heckscher (1988, chaps.), ampnumx201C;Introductionampnumx201D; and ampnumx201C;Multilateral Negotiationampnumx201D;

    IX. Community Mediation

    Readings

    Goldberg, Green, and Sander (1985), ampnumx201C;Neighborhood Justice Centersampnumx201D;

    Davis (1987), ampnumx201C;Justice Without Judgesampnumx201D; (just skim)

    X. Competitive and Cooperative Negotiating Styles

    Video

    Cottonburger

    Readings

    Williams (1983, chap.), ampnumx201C;The Dynamics of Cooperative and Competitive Negotiationampnumx201D;

    XI. Intercultural Factors in Negotiation

    Readings

    Casse (1980), Training for the Cross-Cultural Mind

    Journals and answers to questions due. Questions for discussion should be submitted.

    XII. Wrap-up and Synthesis of Course

    Readings

    Pruitt and Rubin (1986), Social Conflict

    Susskind and Cruikshank (1987), Breaking the Impasse

    Others to be handed out in class

    Sample Questions

    Please answer one question in each set (for a total of three questions). Your exam should be typewritten, double-spaced, and stapled. Each response should be about 1,000 words in length.

    Question 1
    • What three (and only three) key lessons about negotiations have you learned this semester? Or, stated differently, what three points of advice would you give to your best friend facing a negotiation? Be as specific as possible (such as particular techniques, different kinds of knowledge, etc.) Describe these lessons in ampnumx201C;plain Englishampnumx201D; (assume your friend has not and will not have time to read Getting to Yes) and explain why they are important.

      Or

    • What are the limitations of negotiation as a dispute resolution method? That is, are there types of disputes, situations, or conditions under which negotiations, principled or otherwise, should be avoided? Explain how one should judge whether negotiations ought to be undertaken, giving illustrative examples as appropriate.

    Question 2
    • How do you think an outside ampnumx201C;helperampnumx201D; can assist in a negotiation? In your answer, consider the range of third-party roles you have read about, tried, and discussed this semester. Be as specific as possible, using illustrative examples that draw on your own experience in work or your field of study.

      Or

    • Do you believe gender is a significant factor in negotiations? If yes, how does gender affect negotiations (illustrate with examples)? What can a negotiator do to mitigate or eliminate any negative impacts of gender differences (from the perspective of either a male or female)? If no, what factors are significant in negotiations?

    Question 3 (Everyone Must Answer This Question)
    • What have you learned about yourself with respect to negotiations? How will this information affect the way you deal with conflict and disputes in the future in your professional and/or personal life?
    Course Description

    The Seminar in Negotiation and Dispute Resolution is the core component in the Specialization that the Program on Negotiation (PON) has offered since 1985. The Specialization offers encouragement and support to graduate students committed to developing a special expertise in negotiation and dispute resolution to apply in fields such as human resources management, international peacemaking, managerial negotiations, competitive decision making, family conflicts, or environmental and public policymaking.

    The specialization program includes:

    • The above curriculum in negotiation and dispute resolution and a one semester course in mediation offered in collaboration with Radcliffe College (also open to nonspecialization students and midcareer professionals).
    • Four additional, elective courses in negotiation and dispute resolution, subject to approval by PON staff.
    • A 300-hour internship with selected public and private dispute resolution agencies and organizations.

    Students enrolled in the specialization program work with PON staff to design an individualized curriculum that balances study in theory with training in the skills of negotiation and dispute resolution. The specialization does not confer a degree or certification. Specialization staff are available for consultation on coursework, internship possibilities, and career opportunities.

    The Specialization was designed to complement graduate study, and participants are largely enrolled in degree-granting programs at Boston-area institutions. However, professionals or students from outside the Boston area may pursue the Specialization as a ampnumx201C;special studentampnumx201D; without concurrent enrollment in a nearby graduate degree program.

    10.4135/9781452229096.n12

    Appendix II: Case Clearinghouse Materials

    The Program on Negotiation has a Case Clearinghouse that provides teaching materials for those interested in developing programs within their own organizations.

    Simulations, role-plays, videotapes, and teaching notes are available at cost and can be obtained by calling or writing the Case Clearinghouse:

    Program on Negotiation at Harvard Law School

    Pound Hall 513

    Cambridge, MA 02138

    (617) 495ampnumx2013;1684

    For more specific curriculum questions or issues about systems design for organizations, write the editor:

    Lavinia Hall, Esq.

    c/o Program on Negotiation at Harvard Law School

    10.4135/9781452229096.n13

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    EDITORampnumx0027;S NOTE: This bibliography was originally compiled by staff of the Harvard Program on Negotiation. I have added to it many of the authorsampnumx0027; references in this volume. It was developed as a resource list for those interested in dispute resolution and so contains more than is directly referenced in this book.

    About the Authors

    Roger Fisher is the Director of the Harvard Negotiation Project and the Williston Professor Emeritus of Law at Harvard Law School, where he has taught since 1958. Before coming to Harvard, he practiced law in Washington, D.C., specializing in the settlement of public international disputes. He has taught and written extensively on international law and international conflict and, for more than a decade, has devoted himself to understanding and improving the process by which people, organizations, and governments negotiate. He is the co-author of both Getting to YES: Negotiating Agreement Without Giving In and Getting Together: Building Relationships as We Negotiate and is the founder of the Harvard Negotiation Project, a research organization dedicated to improving the theory and practice of dispute resolution. Through the consulting firm of Conflict Management, Inc. (and the nonprofit Conflict Management Group), he has taught and advised corporate executives, labor leaders, attorneys, diplomats, and military and government officials on negotiation strategy. In 1991ampnumx2013;1992, he led negotiation workshops in The Republic of South Africa, Malaysia, Colombia, Canada, and Greece.

    Lavinia Hall is a mediator and consultant on negotiation and dispute resolution. An attorney by training, she works as a neutral on public and private sector issues. She works to resolve disputes, design systems to handle conflict, and help parties to be more effective negotiators.

    For more than 15 years as a facilitator, she has developed processes to help groups achieve consensus. She is particularly interested in helping to achieve mutual gains within cross-cultural and indigenous peoplesampnumx0027; debates and in employment relations. She uses processes ranging from facilitated policy dialogues to minitrials. The issues she has worked on include joint employer-employee initiatives, environmental cleanups, negotiated bankruptcies and reorganizations, long-range efforts on Native American and government relations, conflict resolution in school systems, and designing systems to resolve mass toxic tort claims.

    She has conducted mutual gains negotiation training for thousands of people in corporations, government agencies, and other organizations in the United States and Canada. She is the editor of Changing Tactics: Negotiating for Mutual Gains and the author of numerous articles on business mediation, mutual gains negotiation, and the teaching of dispute resolution.

    Before starting her own practice, she was a senior mediator with Endispute, Inc. at Harvard Law Schoolampnumx0027;s Program on Negotiation, she was Director of Curriculum and the Cross-disciplinary Specialization in Negotiation and Dispute Resolution. She has also practiced law and worked for state government. She holds a B.A. from Bennington College, an M.A. in Linguistics from New York University and a J.D. from New York Law School.

    Charles C. Heckscher received a Ph.D. in sociology from Harvard University and worked for 4 years for the Communication Workersampnumx0027; union, helping to establish joint worker participation projects with ATampnumx0026;T. In 1988, he published a book on employee representation in the changing corporate environment. His current research explores whether a new form of organizationampnumx2013;a ampnumx201C;postbureaucraticampnumx201D; systemampnumx2013;is developing from the current period of corporate restructuring. He is focusing particularly on the role of middle managers and ampnumx201C;knowledge workersampnumx201D; in the change process. He has also been active in promoting new labor management relations, changes in union strategies, and the improvement of mechanisms of voice.

    Deborah M. Kolb is Professor of Management at the Simmons College Graduate School of Management and Executive Director of the Program on Negotiation at Harvard Law School. She is also Co-Director of the Employment Relations Project in the Program on Negotiation.

    She is an authority on mediation and other forms of institutional and organizational dispute resolution and conflict management. She is currently carrying out field research on ways that informal dispute handling processes enhance the capacity of people in organizations to deal with differences. She is the Principal Investigator for the Building Theory from Practice Project in the Program on Negotiation, a project that brings scholars together who are studying the practice of successful mediators. The book When Talk Works: Profiles of Master Mediators will be published in late 1992.

    Her teaching and professional practice focus on negotiation and conflict resolution in the management of organizations. Among other firms, she has served as a consultant to Wang Laboratories; Chase Manhattan Bank; Coopers and Lybrand; Tupperware International; Procter ampnumx0026; Gamble; Harvard Community Health Plan; Mobil Oil Firestone/Bridgestone; Foley, Hoag ampnumx0026; Eliot; and Pfizer Corporation. She frequently presents her work to national and international university and professional audiences. She received her Ph.D. from MITampnumx0027;s Sloan School of Management.

    Robert B. McKersie has been at MIT since 1980. Before that he served as Dean of the New York State School of Industrial and Labor Relations at Cornell University, and prior to that he was on the faculty of the Graduate School of Business at the University of Chicago. His undergraduate training is in electrical engineering from the University of Pennsylvania, and his graduate degrees were received at the Harvard Business School.

    His research interests have been in labor management relations with particular focus on bargaining activity. He co-authored A Behavioral Theory of Labor Negotiations in 1965. More recently, he focused attention on the subject of productivity (co-authoring the book Pay, Productivity and Collective Bargaining) and participated in a multiyear project at the Sloan School (resulting in the award-winning, co-authored book The Transformation of American Industrial Relations). He continues to do research on strategies being pursued in different industries to bring about more effective organizational arrangements. The auto and transportation sectors are of special interest. Recently, he organized a conference under the auspices of the Center for Transportation Studies to examine the transformation processes as they are unfolding in airlines, railroads, and the trucking industries.

    He has served on several national Presidential Commissions, is a member of the National Academy of Arbitrators, and was President of the National Industrial Research Association. Within the Sloan School, he is Deputy Dean and Society of Sloan Fellows Professor as well as the Chair of the faculty committee for the Sloan Fellows Program.

    Bruce Patton, Deputy Director of the Harvard Negotiation Project, is the Thaddeus R. Beal Lecturer on Law at Harvard Law School. A lawyer, he teaches negotiation to diplomats and corporate executives around the world and works as a negotiation consultant and mediator in international, corporate, labor management, and family settings. He is associated with the Conflict Management organizations, which he co-founded in 1984. He has both graduate and undergraduate degrees from Harvard University.

    Howard Raiffa, Frank P. Ramsey Professor of Managerial Economics at Harvard University, currently holds a joint appointment between the Graduate School of Business Administration and the Kennedy School of Government. He previously held appointments at Harvard in the Department of Statistics and the Department of Economics. He obtained his Ph.D. in Mathematics from the University of Michigan.

    He has published in the fields of game theory, statistical decision theory, decision analysis, risk analysis, and negotiation analysis. He was the first Director of the International Insititute for Applied Systems Analysis. He has published several prize-winning books, including The Art and Science of Negotiation.

    Mary P. Rowe is Special Assistant to the President, Massachusetts Institute of Technology and Adjunct Professor at the Sloan School of Management. She received her Ph.D. in economics from Columbia University. She is one of two ombudsmen for MIT, whose responsibilities include hearing hundreds of concerns a year, consulting to managers, teaching, research, and writing. From time to time she acts as a consultant and lecturer for coporations, government agencies, and nonprofit institutions, advising on problems of work process such as nonunion complaint systems, intrainstitutional conflict management, harassment, and mentoring systems. She was a co-founder of the Corporate Ombudsman Association, now the Ombudsman Association. She has helped set up ombuds offices in dozens of corporations, government agencies, and academic institutions. She is the author of numerous published articles.

    Jeffrey Z. Rubin is Professor of Psychology at Tufts University, Adjunct Professor of Diplomacy at the Fletcher School of Law and Diplomacy, and Associate Director of the Program on Negotiation at Harvard Law School. A Fellow of Divisions 8, 9, and 48, he is the author or co-author of 12 books, including The Social Psychology of Bargaining and Negotiation; Dynamics of Third Party Intervention: Kissinger in the Middle East; Social Conflict: Escalation, Stalemate, and Settlement; Leadership and Negotiation in the Middle East; Negotiation Theory and Practice; and Mediation in International Conflict. He has been the recipient of Guggenheim and Fulbright Fellowships.

    Frank E. A. Sander is Bussey Professor and Associate Dean at Harvard Law School. He was born in Stuttgart, Germany, and received his A.B. and LL.B. from Harvard. Following graduation, he served as law clerk to Chief Judge Calvert Magruder of the U.S. Court of Appeals for the First Circuit (1952ampnumx2013;1953) and Justice Felix Frankfurter of the U.S. Supreme Court (1953ampnumx2013;1954). After brief stints with the U.S. Justice Department in Washington, D.C., and Hill and Barlow in Boston, he began teaching at Harvard Law School in 1959, specializing initially in taxation and family law, and since 1975, in dispute resolution. He was a member of the ABA Standing Committee on Dispute Resolution from 1976 to 1989, serving as its Chair from 1986 to 1989. He has written and lectured extensively on various aspects of ADR.

    David Straus is Chairman of the Board and founder of Interaction Associates, Inc., a management consulting and training firm specializing in the design and implementation of organizational change processes involving whole systems. Interactionampnumx0027;s consulting services include cultural change, strategic planning, quality improvement, and public-private partnerships as well as the design and facilitation of task-oriented meetings, retreats, and conferences.

    Working out of Interactionampnumx0027;s Boston office, he is responsible for major change efforts in a wide variety of organizations, including health care and financial services. He is committed to helping organizations collaboratively align their direction, commitment, and capabilities and is working with social action partnerships in such cities as Newark, New Jersey, and Palm Beach County, Florida. He co-authored the widely read book How to Make Meetings Work.

    Lawrence Susskind is Professor of Urban and Environmental Planning at MIT and Director of the MIT-Harvard Public Disputes Program at Harvard Law School. He is Senior Manager of Public Dispute Resolution Services with Endispute, Incorporated in Cambridge, Massachusetts, and publisher of Consensus, a quarterly newspaper distributed to all public officials in the United States and Canada that monitors efforts to resolve public disputes more effectively. He co-authored Breaking the Impasse: Consensual Approaches to Resolving Public Disputes.

    William Ury co-founded Harvardampnumx0027;s Program on Negotiation, where he directs the Negotiation Network. He has served as a mediator and adviser in negotiations ranging from acrimonious business partnerships to wildcat coal strikes to Middle East conflicts. Formerly on the faculty of Harvard Business School, he has taught negotiation to thousands of corporate executives, labor leaders, and government officials around the world. He has also served as a consultant to the White House on establishing nuclear risk reduction centers in Washington and Moscow. His most recent book is Getting Past No: Negotiating With Difficult People. He received his undergraduate degree from Yale and a Ph.D. in Anthropology from Harvard.

    Gerald R. Williams is Professor of Law at Brigham Young University, where he teaches negotiation, dispute resolution, and remedies. A frequent lecturer for bar associations and law firms on negotiation and alternative dispute resolution, he is author of Legal Negotiation and Settlement and has taught negotiation as a Visting Professor at Harvard Law School. He is a member of the prestigious American Bar Association Standing Committee on Dispute Resolution, is on the editorial board of Negotiation Journal: On the Process of Dispute Resolution, is a member of the Council of Academic Advisors for the Center for Public Resources, is a member of the Board of Directors of the American Arbitration Association, is a member of CPRampnumx0027;s Judicial Project Advisory Council, and is Chair of the ADR Subcommittee of the Civil Justice Reform Act Advisory Committee for the U.S. District Court for the District of Utah.


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