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News
August 19th, 2008: Teaching Law Students to Design Dispute Resolution Systems
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The Idea
Since 2004, I have focused much of my energy on developing an approach to teaching law students to function as dispute process architects - as creative innovators of institutional and organizational systems for managing and resolving conflicts from a problem-solving orientation. My interest in what William Ury, Jeanne Brett, and Stephen Goldberg coined "dispute systems design" (DSD) (Ury et al. 1993) stems from a deep-seated belief that lawyers, by dint of the special role they play for clients, have a unique opportunity to shape the ways many institutions (schools, companies, nations, non-profits) manage and resolve their disputes. To read more (click here). |
July 7th, 2008: Matthew Smith HLS ’05 joins the Harvard Negotiation & Mediation Clinical Program

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Matthew Smith HLS ’05 joins the Harvard Negotiation & Mediation Clinical Program (HNMCP) as a Clinical Fellow and Lecturer on Law
Cambridge, MA - July 7, 2008 – The Harvard Negotiation & Mediation Clinical Program announced today the arrival of its newest clinical fellow, Matt Smith. Matt brings with him three years of litigation experience with McDermott Will & Emery LLP in Los Angeles.
“HNMCP selected Matt from a large and competitive pool of applicants. We’re simply delighted that the clinic was able to recruit Matt to join us. His experience as an attorney and his past work in negotiation and dispute resolution while a student at Harvard Law School make him the perfect addition to our young clinic,” commented Professor Robert Bordone, Director of HNMCP. For more (click here).
Matthew Smith's bio |
June 30th, 2008: Negotiation in New Orleans: Turf Wars and Muddy Waters
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Harvard Law Alumni, Becca O’Brien ’05 and Ommeed Sathe ’06 returned to Professor Bordone's Dispute Systems Design class at HLS last October to talk about building partnerships in post-Katrina New Orleans
When Becca O’Brien ’05 and Ommeed Sathe ’06 returned to HLS last October to talk about building partnerships in post-Katrina New Orleans, they gave a painstaking account of what should, but doesn’t, work.
In a presentation to students in Professor Robert Bordone’s negotiation seminar, O’Brien and Sathe discussed their recent attempt to resolve a conflict between their respective agencies. They explained that as lawyers and former negotiation students, they believed the best way to fix a tense relationship was to isolate the sources of conflict and hash out a precise agreement. But in the end, their proposal was “dead on arrival,” says Sathe. To read more (click here).
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June 25th, 2008: Spotlight on Harvard Law School Graduates


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Spotlight on Harvard Negotiation Workshop Student, Jean Flannery and Harvard Negotiation & Mediation Clinical Program student, David Moss
Jean Flannery '08 expected law school to be competitive but found it to be collegial. She knows there’s a divide between the theory and practice of corporate law (“It’s like reading about golf”), but, she says, HLS has given her incredible mentors and a solid grounding in legal concepts—one of her favorite classes was the Negotiation Workshop with Clinical Professor Robert Bordone ’97. What she didn’t expect was to make such great friends: “I can honestly say they’re the best people I have ever met.”
David Moss '08 was impressed by opportunities at HLS for students to design their own law school experiences. During his 1L year, he helped develop a new student group, the Harvard Association for Law and Business. By his 2L year, he was president.
During his 3L year, David participated in the Harvard Negotiation & Mediation Clinic working to evaluate the dispute management system of the Citadel Military College. |
May 30, 2008: Shannon Delahaye wins the 2008 Fisher/Sander Prize

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Shannon Delahaye wins the 2008 Fisher/ Sander Prize
The 2008 Fisher/Sander Prize was awarded to HLS 3L Shannon Delahaye for her paper, "The Democratic Party Primary Process: Can Dispute System Design Principles Provide Hope for Reform?" Shannon's paper analyzes the dispute system employed by the 2005 Herman-Price Commission, which addressed frustration over Iowa and New Hampshire's first-in-the-nation primary status and recommended that two additional states be added to the early 2008 primary calendar.
During her career at HLS, Shannon served as the 2007-2008 Co-Editor-in-Chief of the Harvard Negotiation Law Review and was a student in the 2006 Winter Negotiation Workshop and in the fall 2007 Dispute Systems Design Seminar. This Fall Shannon will join the law firm of Cleary Gottlieb Steen & Hamilton in New York.
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May 28, 2008 : Feature on HNMCP Project - Creating a Genocide Prevention Training for Mid-level Diplomats
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Harvard Negotiation & Mediation Clinical Program students conduct a successful training on negotiation and genocide in Auschwitz, Poland
On May 16th, two HLS students, René A. Pfromm LL.M. '08 and Ines Wu '09, together with Stephan Sonnenberg '06, Harvard Negotiation and Mediation Program (HNMCP) clinical fellow, delivered a one day workshop on negotiation in the context of genocide and mass atrocities. The workshop, part of a two-week program for government officials, was conducted at the Raphael Lemkin Seminar on Genocide Prevention in Auschwitz, Poland.
“This was not an easy project,” said Sonnenberg. “Responding to the question of whether to negotiate with killers and perpetrators of genocide, especially in a location as moving as Auschwitz, challenged our students to explore both the limits and the promise of negotiation as a tool for addressing conflict.” For more (click here). |
April 6, 2008: HLS Students win the Negotiation Challenge 2008
March 13, 2008: New York Times: Development of the Former ConEd property in East Manhattan
Skidmore Owings & Mer
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Positive results of a Fall 2007 Harvard Negotiation and Mediation Clinic project
A large lot on the East Side on New York City, comprising nearly nine acres of land on the East River, was the subject of a recent land development. The lot was formerly the site of a power plant owned by the local electric company, Con Edison. The power plant and associated buildings were demolished to make way for new construction. The new owner of the undeveloped land wanted to build several luxury housing towers, as well as a privately owned but publicly accessible park, however, there was conflict over how best to maximize the public interests. HNMCP was asked to generate ideas on how to work with the developer to maximize the public benefit in this venture.
June 8, 2007: New York Post- Dan Garodnick Op-Ed about Charrette development project |
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January 28, 2008: National Catholic Reporter Article - Dialogues Aim to Foster Healing in the Church
January 20, 2008: The Times-Picayune: Standoff between Allstate and the state of Florida

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Professor Robert Bordone comments on the auto insurance standoff in Florida
After Allstate dismissed a subpoena regarding its home owner's insurance business, the Florida Insurance Commissioner Kevin McCarty banned Allstate from selling new auto insurance policies in the state. It was the first time a penalty like this was used. The situation escalated and the Commissioner banned Allstate from doing any business within the state including selling homeowners and life insurance policies until it complies.
Robert Bordone, clinical professor of law and director of the Harvard Negotiation and Mediation Clinic Program said that when two sides dig in their heels, it's harder to stay focused on the issues and get a resolution. "My general sense is that it's not optimal when your negotiation strategy is a forcing strategy rather than fostering strategy. The risk is that it could escalate," he said. "When you use your leverage, the risk is that the other side could escalate in kind." |
January 15, 2008: The Return of Bob Bordone - Podcast on Negotiation

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Professor Robert Bordone speaker to the Harvard JD Admissions office about Negotiation
Professor Bob Bordone recently spoke with the admissions office about the Harvard Negotiation and Mediation Clinical Program, of which he is Director.
The Harvard Negotiation and Mediation Clinical Program (HNMCP) provides HLS students with practical, real-world experience in the fields of negotiation, dispute resolution, and conflict management, with a particular focus on conflict mapping and dispute systems design. Students in the program are paired with outside organizations, institutions, or individuals who provide projects related to negotiation, dispute resolution, or conflict management. |
October 30, 2007: New York Times: Training Law Students for Real-Life Careers

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New York Times article about clinical education
Law schools that look to address the needs of a 21st century law lawyers are being to understand that new curriculum is needed to prepare students. Harvard Law School is one such law school taking the lead in curriculum reform by adding new clinical education programs to the course list. Over the last three years, the number of students participating in clinics has doubled. Students are interested in gaining real-world hands on experience during their legal education and participating in clinics is a way to gain that sought after experience.
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June 6, 2007: Professor Robert Bordone: 2007 Sacks-Freund Teaching Award winner

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Asssitant Clinical Professor Robert Bordone wins Sacks-Freund Teaching Award
A leading expert in dispute resolution, Bordone is the Thaddeus R. Beal assistant clinical professor of law and director of the Harvard Negotiation and Mediation Program. He joined the HLS faculty in 1998 as a lecturer on law and was named assistant clinical professor of law in 2006. He teaches the Negotiation Clinical Seminar, the Dispute System Design Seminar and the Negotiation Workshop. Bordone is also the author of several scholarly articles and a book titled "Handbook of Dispute Resolution."
"Bob Bordone brings so much to this school -- his enormous concern and caring for the students, his great teaching -- and we are very lucky to have him here," Dean Elena Kagan said. Established in 1992, the Sacks-Freund award is named in honor of the late Harvard Law School Professors Albert Sacks and Paul Freund.
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October 26, 2006: Washingtonpost.com's PostGlobal: "Real Superpowers Negotiate"

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An Op-Ed by Robert Bordone and Albert Chang on Negotiations with North Korea
In Washingtonpost.com piece "Real Superpowers Negotiate", Bordone and Chang argue that the US will be better off when they stop "playing chicken" with North Korea and start serious bilateral negotiations. They argue that bilateral talks should not be viewed as a reward for bad behavior but instead "as another powerful tool - along with sanctions and continuing Six-Party Talks - by which we may secure our policy aims."
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October 1, 2006: Redmond Channel Partner Online- Best Practices: Learning to Love the Deal

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Negotiation Strategies to Help You Lean to Love the Deal with contributions by Harvard Professors, Robert Bordone and Michael Wheeler
Top-notch negotiators aren't born with that talent; they develop it by practice. Here's how to sharpen your own skills before you ever sit down at the table. To read more (click here).
Seven Elements of Negotiation |
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