Workshop Schedule and Information

The Program of Instruction for Lawyers (PIL) offers workshops twice a year: summer and fall. The summer 2005 session (below) includes workshops in both negotiation and mediation.

The June 2005 workshops meet Monday - Friday, 9:00 a.m. - 5:00 p.m.

Week 1: June 13 - 17

Basic Negotiation Workshop: Creating Value in Deals and Disputes: Professor Robert Bordone & Michael Moffit
Advanced Negotiation: Deal Design & Implementation: Professors Robert Mnookin & Guhan Subramanian

Week 2: June 20 - 24

Mediation Workshop [Filled]: Professor Frank Sander, Michael Lewis & Linda Singer
Basic Negotiation Workshop: Professor Bruce Patton with the participation of Professor Roger Fisher
Advanced Negotiation: Difficult Conversations: Professor Bruce Patton, Sheela Heen & Douglas Stone

Basic Negotiation Workshop: Creating Value in Deals and Disputes

Most lawyers, irrespective of their specialty, must negotiate. This workshop, by combining theory and practice, aims to improve the participant's understanding of negotiation and effectiveness as a negotiator. After introducing some basic vocabulary and tools for problem-solving negotiation, the workshop will focus on the challenges facing negotiators in both deal making and dispute resolution. Specifically, the workshop builds on the ideas found in the course book. The workshop will be offered in an intensive format and will combine lectures, exercises, case simulations, and small group debriefs. Those who have taken the Basic Negotiation Workshop with Fisher or Patton are welcome to enroll in this new workshop, which for the most part will use different cases and exercises than those used in previous Basic Negotiation Workshops. While fluency in English is essential, the workshop is open to lawyers (and clients) from outside the United States.

Course Materials: Robert H. Mnookin, Scott R. Peppet, and Andrew S. Tulumello, Beyond Winning: Negotiating to Create Value in Deals and Disputes (Harvard University Press 2000).

Robert Bordone, Thaddeus R. Beal Lecturer on Law; Deputy Director, Harvard Negotiation Research Project
Michael Moffitt, Assistant Professor of Law at the University of Oregon

Advanced Negotiation: Deal Design & Implementation

One of the most important skills for the business lawyer is the ability to craft deals. This course provides a basic analytic framework for identifying and achieving value-creating agreements. The course will explore the inevitable tension between creating and claiming value; structural, psychological, and interpersonal barriers that can hinder agreement; "moves away from the table"; and the particular complexities inherent in the lawyer's role as negotiator. The course will also identify the differences between single-issue and multiple-issue negotiation, and between two parties and multiple parties. This course will use several pedagogical methods, including negotiation simulations and use study analysis of recent real world deals.

Course Materials: Photocopied Material.

Robert Mnookin, Samuel Williston Professor of Law; Chairman of the Steering Committee of the Harvard Program on Negotiation
Guhan Subramanian, Joseph Flom Assistant Professor of Law and Business; Member of the Executive Committee of the Harvard Program of Negotiation

Mediation Workshop

(FILLED--see enrollment information below)*

This intensive workshop is intended to introduce participants to mediation as a concept and as a skill. It is aimed primarily at lawyers, but non-lawyers with appropriate backgrounds may be admitted. Following some introductory material that seeks to locate mediation on the dispute resolution landscape, we will examine the various stages of the mediation process. The classes will consist of a blend of theory and practice, with opportunity for participants to engage in a number of simulations drawn from a range of settings, such as family, neighborhood, commercial and public policy. Critical issues (such as the ethical responsibility of the mediator, the role of law and lawyers in the process, confidentiality and enforcement) will also be examined. Enrollment is limited to 45 students and is available via waitlist only.

In view of various certification requirements for mediators in different states' accreditation provisions, please check to see if this course qualifies in your state. The course has been approved for MCLE credit in all states, including 1.5 hours of ethics.

Eligibility Requirements: In this workshop, it is very important to be able to speak and read English quickly, including the ability to absorb complex factual data (suggested minimum score on TOEFL 570). Participants who cannot meet this requirement should not apply, as they will not get much from the course and will inhibit other students with whom they will be working.

Course Materials: Goldberg, Sander, Rogers, & Cole, Dispute Resolution, 4th edition (Aspen 2003); Singer, Settling Disputes (Westview paperback, 2nd ed., 1994), and supplementary material to be distributed at the Workshop.

Frank E. A. Sander, Bussey Professor of Law
Michael Lewis
Linda Singer

*Attendance is determined through a waitlist. To be placed on the waitlist, e-mail your contact information and ask specifically for Mediation.

Basic Negotiation Workshop

This workshop is designed to provide participants a conceptual framework for analyzing, preparing, and conducting negotiations, and to give them some experience in using this framework. Offered in an intensive format, this workshop will be devoted only in small part to lectures; the major focus will be on negotiation and analyzing a series of negotiation exercises designed to highlight a range of important issues about the negotiation process. These exercises are conducted in working groups of around 20 participants led by Teaching Assistants trained at the Harvard Negotiation Project.

Eligibility Requirements:

The workshop is open to lawyers and non-lawyers alike. In recent years, about one-quarter of the participants have been non-lawyers. Fluency in English is a must (suggested minimum score on TOEFL 570).

Course Materials:

Fisher, Ury and Patton, Getting To YES: Negotiating Agreement Without Giving In (2nd Ed., 1991); Fisher and Brown, Getting Together: Building Relationships as We Negotiate (1989); and photocopied materials to be provided.

Bruce Patton, Deputy Director, Harvard Negotiation Project
Roger Fisher, Samuel Williston Professor of Law, Emeritus

Advanced Negotiation: Understanding and Managing Difficult Conversations

Going beyond the seven-element analytic framework presented in the Basic Negotiation Workshop, this course focuses in depth on the interpersonal elements of negotiation: communication and relationship. The course offers a systematic approach to diagnosing communication and relationship problems and transforming difficult conversations into learning conversations. Through practice and coaching, it will help you improve your communication skills and ability to problem-solve in high conflict situations, focusing on such areas as improving your ability to assert your view powerfully while also empathizing persuasively with others' views, managing negotiations that involve strong emotions and knock you off balance, and combating difficult tactics. This work requires self-reflection, a willingness to reexamine old and comfortable assumptions and to test new ones, and a readiness to move beyond easy (and simplistic) answers. You will be asked to prepare and share a personally challenging negotiation situation (past, present, or future) for intensive small group working sessions. Use will be made of videotaping and peer feedback. Enrollment is limited to 72 participants, who will be divided for many discussions into smaller working groups led by Teaching Assistants trained at the Harvard Negotiation Project.

Eligibility Requirements:

1) Language: The dynamics and skills explored in these workshops are complex. For this reason, a high degree of competence with the English language is required. We suggest a minimum score of 570 on the TOEFL. You must be able to speak and read English quickly, including the ability to absorb complex factual information and respond to subtle communication dynamics. Participants have been asked to leave the course because their degree of comfort and facility with English has impaired both their own experience and the experience of others assigned to negotiate or work with them.

2) Prerequisite: The course is intended primarily for participants who have taken a negotiation workshop taught by Fisher/Patton or Bordone/Moffit, or an equivalent. (For our purposes, "equivalent" means two days of course work using the Harvard Negotiation Project seven-element framework for analyzing negotiations.) However, participants who have otherwise studied Getting To YES and problem-solving negotiation may be admitted at the instructor's discretion.

Course Materials:

Stone, Patton and Heen, Difficult Conversations: How to Discuss What Matters Most (Viking/Penguin, 1999) and photocopied materials to be provided.

Bruce Patton, Deputy Director, Harvard Negotiation Project
Sheila Heen, Lecturer on Law; Affiliate, Harvard Negotiation Project
Douglas Stone, Lecturer on Law; Affiliate; Harvard Negotiation Project



	Workshop Schedule and Information The Program of Instruction for Lawyers (PIL) offers workshops twice a year: summer and fall. The summer 2005 session (below) includes workshops in both negotiation and mediation. The June 2005 workshops meet Monday - Friday, 9:00 a.m. - 5:00 p.m. Week 1: June 13 - 17 Basic Negotiation Workshop: Creating Value in Deals and Disputes Professor Robert Bordone & Michael Moffit Advanced Negotiation: Deal Design & Implementation Professors Robert Mnookin & Guhan Subramanian Week 2: June 20 - 24 Mediation Workshop [Filled] Professor Frank Sander, Michael Lewis & Linda Singer Basic Negotiation Workshop Professor Bruce Patton with the participation of Professor Roger Fisher Advanced Negotiation: Difficult Conversations Professor Bruce Patton, Sheela Heen & Douglas Stone Basic Negotiation Workshop: Creating Value in Deals and Disputes Most lawyers, irrespective of their specialty, must negotiate. This workshop, by combining theory and practice, aims to improve the participant's understanding of negotiation and effectiveness as a negotiator. After introducing some basic vocabulary and tools for problem-solving negotiation, the workshop will focus on the challenges facing negotiators in both deal making and dispute resolution. Specifically, the workshop builds on the ideas found in the course book. The workshop will be offered in an intensive format and will combine lectures, exercises, case simulations, and small group debriefs. Those who have taken the Basic Negotiation Workshop with Fisher or Patton are welcome to enroll in this new workshop, which for the most part will use different cases and exercises than those used in previous Basic Negotiation Workshops. While fluency in English is essential, the workshop is open to lawyers (and clients) from outside the United States. Course Materials: Robert H. Mnookin, Scott R. Peppet, and Andrew S. Tulumello, Beyond Winning: Negotiating to Create Value in Deals and Disputes (Harvard University Press 2000). Robert Bordone, Thaddeus R. Beal Lecturer on Law; Deputy Director, Harvard Negotiation Research Project Michael Moffitt, Assistant Professor of Law at the University of Oregon Advanced Negotiation: Deal Design & Implementation One of the most important skills for the business lawyer is the ability to craft deals. This course provides a basic analytic framework for identifying and achieving value-creating agreements. The course will explore the inevitable tension between creating and claiming value; structural, psychological, and interpersonal barriers that can hinder agreement; "moves away from the table"; and the particular complexities inherent in the lawyer's role as negotiator. The course will also identify the differences between single-issue and multiple-issue negotiation, and between two parties and multiple parties. This course will use several pedagogical methods, including negotiation simulations and use study analysis of recent real world deals. Course Materials: Photocopied Material. Robert Mnookin, Samuel Williston Professor of Law; Chairman of the Steering Committee of the Harvard Program on Negotiation Guhan Subramanian, Joseph Flom Assistant Professor of Law and Business; Member of the Executive Committee of the Harvard Program of Negotiation Mediation Workshop (FILLED--see enrollment information below)* This intensive workshop is intended to introduce participants to mediation as a concept and as a skill. It is aimed primarily at lawyers, but non-lawyers with appropriate backgrounds may be admitted. Following some introductory material that seeks to locate mediation on the dispute resolution landscape, we will examine the various stages of the mediation process. The classes will consist of a blend of theory and practice, with opportunity for participants to engage in a number of simulations drawn from a range of settings, such as family, neighborhood, commercial and public policy. Critical issues (such as the ethical responsibility of the mediator, the role of law and lawyers in the process, confidentiality and enforcement) will also be examined. Enrollment is limited to 45 students and is available via waitlist only. In view of various certification requirements for mediators in different states' accreditation provisions, please check to see if this course qualifies in your state. The course has been approved for MCLE credit in all states, including 1.5 hours of ethics. Eligibility Requirements: In this workshop, it is very important to be able to speak and read English quickly, including the ability to absorb complex factual data (suggested minimum score on TOEFL 570). Participants who cannot meet this requirement should not apply, as they will not get much from the course and will inhibit other students with whom they will be working. Course Materials: Goldberg, Sander, Rogers, & Cole, Dispute Resolution, 4th edition (Aspen 2003); Singer, Settling Disputes (Westview paperback, 2nd ed., 1994), and supplementary material to be distributed at the Workshop. Frank E. A. Sander, Bussey Professor of Law Michael Lewis Linda Singer Attendance is determined through a waitlist. To be placed on the waitlist, e-mail your contact information and ask specifically for Mediation. Basic Negotiation Workshop This workshop is designed to provide participants a conceptual framework for analyzing, preparing, and conducting negotiations, and to give them some experience in using this framework. Offered in an intensive format, this workshop will be devoted only in small part to lectures; the major focus will be on negotiation and analyzing a series of negotiation exercises designed to highlight a range of important issues about the negotiation process. These exercises are conducted in working groups of around 20 participants led by Teaching Assistants trained at the Harvard Negotiation Project. Eligibility Requirements:* The workshop is open to lawyers and non-lawyers alike. In recent years, about one-quarter of the participants have been non-lawyers. Fluency in English is a must (suggested minimum score on TOEFL 570). Course Materials: Fisher, Ury and Patton, Getting To YES: Negotiating Agreement Without Giving In (2nd Ed., 1991); Fisher and Brown, Getting Together: Building Relationships as We Negotiate (1989); and photocopied materials to be provided. Bruce Patton, Deputy Director, Harvard Negotiation Project Roger Fisher, Samuel Williston Professor of Law, Emeritus Advanced Negotiation: Understanding and Managing Difficult Conversations Going beyond the seven-element analytic framework presented in the Basic Negotiation Workshop, this course focuses in depth on the interpersonal elements of negotiation: communication and relationship. The course offers a systematic approach to diagnosing communication and relationship problems and transforming difficult conversations into learning conversations. Through practice and coaching, it will help you improve your communication skills and ability to problem-solve in high conflict situations, focusing on such areas as improving your ability to assert your view powerfully while also empathizing persuasively with others' views, managing negotiations that involve strong emotions and knock you off balance, and combating difficult tactics. This work requires self-reflection, a willingness to reexamine old and comfortable assumptions and to test new ones, and a readiness to move beyond easy (and simplistic) answers. You will be asked to prepare and share a personally challenging negotiation situation (past, present, or future) for intensive small group working sessions. Use will be made of videotaping and peer feedback. Enrollment is limited to 72 participants, who will be divided for many discussions into smaller working groups led by Teaching Assistants trained at the Harvard Negotiation Project. Eligibility Requirements: 1) Language: The dynamics and skills explored in these workshops are complex. For this reason, a high degree of competence with the English language is required. We suggest a minimum score of 570 on the TOEFL. You must be able to speak and read English quickly, including the ability to absorb complex factual information and respond to subtle communication dynamics. Participants have been asked to leave the course because their degree of comfort and facility with English has impaired both their own experience and the experience of others assigned to negotiate or work with them. 2) Prerequisite: The course is intended primarily for participants who have taken a negotiation workshop taught by Fisher/Patton or Bordone/Moffit, or an equivalent. (For our purposes, "equivalent" means two days of course work using the Harvard Negotiation Project seven-element framework for analyzing negotiations.) However, participants who have otherwise studied Getting To YES and problem-solving negotiation may be admitted at the instructor's discretion. Course Materials: Stone, Patton and Heen, Difficult Conversations: How to Discuss What Matters Most (Viking/Penguin, 1999) and photocopied materials to be provided. Bruce Patton, Deputy Director, Harvard Negotiation Project Sheila Heen, Lecturer on Law; Affiliate, Harvard Negotiation Project Douglas Stone, Lecturer on Law; Affiliate; Harvard Negotiation Project Copyright ©2005 The President and Fellows of Harvard College. All rights reserved. Page Last Modified: July 19, 2005 Contact: pon@law.harvard.edu