051 Harvard PON INFO

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					About PON

PON Research
     Dispute Resolution Project
     Global Negotiation Project
     Harvard Negotiation Project
     Harvard Negotiation Research Project
     MIT-Harvard Public Disputes Program
     Negotiation Roundtable
     Program on Negotiations in the Workplace
     Project on International Institutions and Conflict Management
     Project on the Psychological Processes of Negotiation

About PON                                                                                     TOP

The Program on Negotiation was the first, and remains the foremost, interdisciplinary research center
on negotiation in the world. Drawing from numerous fields of study, including law, business,
government, psychology, economics, anthropology, and education, PON works to connect rigorous
research and scholarship with an understanding of practice. Founded and based at Harvard Law
School, PON is a consortium of faculty, students, and staff at Harvard University, Massachusetts
Institute of Technology, and Tufts University.

The Program on Negotiation (PON) is an interuniversity consortium dedicated to developing the
theory and practice of negotiation and dispute resolution. As a community of scholars and
practitioners, PON serves a unique role in the world negotiation community. Founded in 1983 as a
special research project at Harvard Law School, PON includes faculty, students, and staff from
Harvard University, Massachusetts Institute of Technology, and Tufts University.
Although conflict is inevitable, individuals, organizations, and communities can learn to handle
disputes more effectively. Through research and other initiatives, PON encourages new thinking in
negotiation theory, and provides a forum for the discussion of cutting-edge ideas. We offer
comprehensive training to prepare students and professionals to assume leadership roles in the world
community. Our faculty has taught thousands of executives from the public and private sectors to
become better negotiators and more effective leaders. We strive to increase public awareness of
successful negotiation processes and to connect the discussion of conflict resolution with current
events and real-world contexts.
The goal of reducing conflict and violence in the world can seem like an impossible dream. At PON,
we have the privilege of doing work in service to that mission, believing that increasing our
understanding of negotiation and conflict management is one essential step forward.

Robert Mnookin
Samuel Williston Professor of Law, Harvard Law School
Chair, Program on Negotiation
Susan Hackley
Managing Director, Program on Negotiation

The Program on Negotiation at Harvard Law School is an applied research center committed to
improving the theory and practice of negotiation and dispute resolution.
Founded in 1983 and based at Harvard Law School, PON is an interuniversity consortium involving
faculty, graduate students, and administrative staff from a range of disciplines and professional
schools at Harvard University, Massachusetts Institute of Technology, and Tufts University.
In all projects and activities, PON focuses on creating innovative ways to:
Serve the mission of PON's consortium schools to provide comprehensive and enlightened training
and prepare graduates to assume a leadership role in the world community
Encourage new thinking in negotiation theory
Nurture the next generation of teachers and scholars
Provide a forum for the discussion of ideas and practices
Increase public awareness of successful conflict resolution processes, and
Connect the discussion of conflict resolution with current events and real-world contexts.
The Executive Committee
The PON Executive Committee is responsible for overseeing the Program's operations and strategic
Executive Committee
Chair                Professor Robert H. Mnookin, Harvard Law School
Vice-Chair,          Professor Lawrence Susskind, Massachusetts Institute of Technology
Vice-Chair, Practice Professor James Sebenius, Harvard Business School
Vice-Chair,          Professor Max Bazerman, Harvard Business School
Member               Professor Frank E. A. Sander, Harvard Law School
Member               Professor Guhan Subramanian, Harvard Law School
Member               Associate Professor Iris Bohnet, John F. Kennedy School of Government,
                     Harvard University

Overview of Projects and Programs
PON's intellectual foundation includes nine Research Projects, each focusing on dispute resolution
theory through a different lens and context. These projects engage many disciplines, including law,
business, government, psychology, economics, anthropology, and education.

PON Initiatives provide support to faculty members to collaborate in exploring themes relevant to the
field of negotiation and conflict management. Each initiative includes activities that involve additional
PON faculty and act as catalysts for continued scholarship and research.

Central to PON's mission is mentoring and partnering with students. Educational programs for
students include graduate-level courses and seminars at Harvard Law School. Students also
contribute to the Harvard Negotiation Law Review, work as research and teaching assistants,
participate in working groups and committees, and help organize conferences, film series, and other
events. The Dispute Resolution Directory, an on-line resource hosted by PON, provides area
students with an up-to-date listing of academic opportunities and internships focusing on alternative
dispute resolution.

To foster the next generation of scholars, PON offers support for Graduate Research Fellows and
visiting scholars. Next Generation Grants support research in negotiation by non-tenured faculty and
doctoral students within the interuniversity consortium.

For educators, scholars, and practitioners, PON publishes a wide range of negotiation teaching
materials, including books, role simulations, videos, curricula, and working papers-available through
the Clearinghouse, the resource center for negotiation education (

PON is among the world's preeminent executive negotiation training institutions. Thousands of
professionals have learned to be better negotiators through PON's two- to three-day Executive
Education Seminars. The Program of Instruction for Lawyers offers weeklong training workshops to
improve negotiation and mediation skills.

PON Seminars, semester-length courses on negotiation and mediation, are open to participants from
all disciplines and professional fields. These courses are designed to increase public awareness and
understanding of successful conflict resolution efforts.
Throughout the year, PON hosts many public events on topics of negotiation and alternative dispute
resolution. These activities are open to students, faculty, and interested individuals, and include talks,
panel discussions, the monthly Dispute Resolution Forum, films, and brown-bag lunch discussions.

The Negotiation Journal is a quarterly publication with a multidisciplinary approach to dispute
resolution; authors include lawyers, diplomats, politicians, executives, labor negotiators,
psychologists, economists, and others.

The Negotiation Newsletter, jointly published by Harvard Business School Publishing and PON, is a
monthly publication for executives and others. It offers concise information on applying leading-edge
negotiation strategies to improve management, decision-making, and communication skills.

PON's Web site provides timely information about the Program's activities as a resource for scholars,
professionals, and interested individuals around the world. Webcasts of several major events are
downloadable from our archives, along with information about past events.

PON Research                                                                                  TOP

PON's scholars recognize the unique importance of practice in developing theories of negotiation.
Just as research should inform the practice of negotiation, practice brings essential insights to the
development of new theory.
PON is home to nine Research Projects, each approaching dispute resolution through different
methods and domains. These projects develop theories on negotiation and draw from many
disciplines, including law, business, government, psychology, economics, anthropology, and
PON sponsors additional research through its support of focused working groups, known collectively
as the PON Initiatives. Faculty members collaborate in exploring themes relevant to the field of
negotiation and conflict management.
To foster the next generation of scholars, PON sponsors Graduate Research Fellowships to
encourage young scholars from the social sciences and professional disciplines to pursue theoretical,
empirical, and/or applied research in negotiation and dispute resolution. This program provides
support for one year of dissertation research and writing. The Next Generation Grants Program
supports new research in negotiation and conflict resolution by non-tenured faculty and doctoral
students from any school or department within PON's interuniversity consortium.
The Negotiations Research Network, directed by PON Executive Committee Member Max H.
Bazerman, provides on-line access to working papers and professional announcements from twelve
email abstracting journals, with links to the full texts of the papers they reference.

The Research Projects

The intellectual foundation of PON consists of nine research projects, each focusing on dispute
resolution through a different lens and context. The projects are centers for inquiry into theory and
practice, the mentoring of advanced students, the construction of educational initiatives, and the
development of publications.
Dispute Resolution Project                                                                      TOP

Frank E.A. Sander
Michael Wheeler
Assistant to Professor Sander
Marilyn Uzuner
Assistant to Professor Wheeler
Mary Alice Wood

The Dispute Resolution Program promotes research and experimentation on the ever-increasing
array of alternative dispute resolution mechanisms, with major emphasis on how these procedures
are used as part of the court system. With faculty based at the Harvard Business School, the
Program also focuses on organizational policies and initiatives to resolve both external and internal
Beyond its research, the Program sponsors conferences and workshops, publishes an annual
directory of dispute resolution course offerings and internships in the Greater Boston area, prepares
bibliographies of literature in the field, and facilitates the exchange of ideas between scholars and


Multi-Door Courthouse
The "multi-door courthouse" -- a concept originated by Dispute Resolution Program founder Frank E.
A. Sander -- offers a variety of resolution options (including litigation) to people who take their
disputes to court.
For example, in Middlesex County Superior Court in Cambridge, Massachusetts, cases filed are
selected for "multi-door" processing, and the disputants are offered the options of arbitration,
mediation, case evaluation, or litigation. Sander served on the Planning Committee for the Middlesex
County multi-door program.
In addition to his work on the Middlesex project, Professor Sander also served as co-chair of the ADR
Task Force of the Commission on the Future of the Massachusetts Courts and is currently serving as
vice chair of the Standing Committee on Dispute Resolution appointed by the Massachusetts
Supreme Judicial Court.

Model/Uniform Mediation Statute
Professor Sander is currently serving as a member of the drafting committee of the ABA-National
Conference of Commissioners on Uniform State Laws project to develop a uniform law on mediation.

Policy Negotiation
Stressing innovative consensus-building techniques, Professor Michael Wheeler designed and led an
unusual policy dialogue at the US Department of Housing and Urban Development (HUD) over the
last year. HUD officials frequently find themselves caught in the crossfire between home builders and
affordable housing advocates and environmental activists trying to protect open space and prevent
urban sprawl.
The Wheeler-led dialogue had two main goals: first, to identify initiatives that would better serve the
interests of the parties; and second, to assess HUD's potential role in supporting new consensus-
building efforts.

      International Activities
Faculty frequently are invited to consult with members of the judiciary, government officials, and
others in many different nations on the use of ADR. For example, Professor Wheeler discussed the
US experience with public-private partnerships and regulatory negotiation during a meeting in
Santiago, Chile with Chilean business leaders and government officials. In 1999, Professor Wheeler
keynoted a Zurich conference of European environmental policy teachers, and in 2000 he was a
principal speaker in Milan at a conference promoting greater use of mediation and arbitration to
resolve EC business disputes.
Professor Sander's international ADR consulting itinerary in recent years has included South Africa,
Japan, and Israel. He recently addressed the International Appellate Judges Conference -- a group
consisting of chief justices from around the world -- on salient issues of court-related ADR. He was
invited to speak at the Toronto conference by the Chief Justice of Canada. He also presented the
keynote address ("The Challenge of Institutionalization: The US Experience") at the first International
Conference on Alternative Dispute Resolution, held in August 1992 in Sydney, Australia. In addition
he has offered five-day Mediation Workshops in Cambridge, as well as in Canada, Norway, Australia,
and New Zealand.

Teaching Materials

Environmental conflicts and alternative dispute resolution are among the topic areas of cases
Professor Wheeler has developed for an audience of MBA candidates and managers. These
multiparty, multiissue cases, including teaching notes, are available from the Harvard Business
School Case Clearinghouse.
Working in collaboration with colleagues at the Program on Negotiation and elsewhere, Professor
Sander has helped to develop instructional videos on the use of ADR techniques.
Global Negotiation Project                                                                       TOP

William L. Ury, Ph.D.
Associate Director
Joshua Weiss, Ph.D.

How can destructive conflicts be transformed into constructive negotiations and war turned into
peace? The Global Negotiation Project (formerly the Project on Preventing War), one of the original
research projects of the Program on Negotiation, actively seeks answers to these questions. For over
16 years, the Project has analyzed conflicts, designed negotiation processes to address them, and
applied these processes in "real-life" settings ranging from ethnic conflicts in the former Soviet Union
to business and interpersonal disputes.
Director William L. Ury, co-author of Getting to YES (second edition 1991), is widely known for his
efforts to communicate the strategy of "principled negotiation" to audiences ranging from policy
makers to scholars and from corporate managers to military officers, as well as to the general public.
A sampling of current project activities includes:

      Getting to Peace

Can human beings get along with each other without war and major violence? Is peace a possibility
or merely a pipe dream? A research project addressing this question examines the anthropological
and historical evidence in an attempt to trace the roots of peace as well as war. By placing conflict
resolution within the larger context of human evolution, the Project seeks to understand the conditions
necessary for peace and the mechanisms needed to replace war as a dispute resolution method. The
ongoing research is summed up in William Ury's Getting to Peace: Transforming Conflict at Home, at
Work, and in the World (Viking 1999).

      The Third Side

What is the alternative to violence and destructive conflict when negotiation alone is not enough? This
research project examines the role that the surrounding community can play in preventing, resolving,
and containing destructive conflict. The concept of the Third Side, the subject of an ongoing series of
PON symposia, is described in a revised paperback edition of Getting to Peace to be published under
the title The Third Side: Why We Fight and How We Can Stop (Penguin 2000). The Project has also
created a website intended to stimulate discussion of the Third Side --

      Coping with Ethnic Conflict

The majority of wars and potential wars in the world today have a marked ethnic dimension, where
the conflict arises not just from differing interests but also from deeply felt differences in identity.
Ongoing project research focuses on creating conceptual frameworks and negotiation processes for
dealing with issues of identity. Conflicts where the Project has been engaged in facilitation and
training in recent years include those between Israelis and Palestinians, Catholics and Protestants in
Northern Ireland, Russians and Chechens, and Turks and Kurds.

Ury serves as a member of the International Negotiation Network headed by former President Jimmy
Carter, Dayle Spencer, and William Spencer. The INN is a network of negotiation practitioners and
eminent persons working to facilitate the peaceful resolution of ethnic and civil conflicts around the
      Dispute Systems Design

Negotiation is only one of many ways that organizations and societies deal with conflicts. Drawing on
their dispute resolution work in the coal industry, William Ury, Jeanne Brett, and Stephen Goldberg
have looked at how interest-based negotiation can be combined creatively with other rights-based
and power-based procedures such as arbitration, adjudication, voting, and third-party intervention in
order to constitute a "dispute resolution system."

Ury, Brett, and Goldberg's theory and practice of "dispute systems design" is presented in their CPR-
award-winning book, Getting Disputes Resolved: Designing Systems to Cut the Costs of Conflict
(Jossey-Bass 1988; PON Books 1993).

      Getting Past No

The Project continues to do research on the question of negotiating in difficult situations. This work
was first described in the CPR-Award-winning Getting Past No, which will appear next year in a
revised edition (Bantam 2001). Twice yearly, Ury teaches these concepts to an advanced negotiation
training program as part of PON's executive education program.
Harvard Negotiation Project                                                                      TOP

Roger Fisher
Deputy Director Bruce M. Patton
Associate Director Daniel Shapiro
Sheila Heen
John Richardson
Douglas Stone
Sonja Rauschutz
Assistant to the Director
Linda Kluz
Senior Advisers
Mark Gordon
Robert Ricigliano

The Harvard Negotiation Project's mission is to improve the theory, teaching, and practice of
negotiation and dispute resolution, so that people can deal more constructively with conflicts ranging
from the interpersonal to the international.

The Project, or HNP as it is commonly known, was created in 1979 and was one of the founding
organizations of the Program on Negotiation consortium. The work of faculty, staff, and students
associated with HNP routinely moves back and forth between the worlds of theory and practice to
develop ideas that practitioners find useful and scholars sound. In general, HNP's work can be
grouped into four categories -- theory building; education and training; real-world intervention; and
written materials for practitioners. A sampling of HNP activities in each category follows.

      Theory Building

HNP is perhaps best known for the development of the theory of "principled negotiation," as
presented in Getting to YES: Negotiating Agreement Without Giving In, by Roger Fisher, Bill Ury, and
Bruce Patton. First published in 1981, and revised and expanded in a tenth anniversary edition
(Penguin 1991), Getting to YES outlines a commonsense approach to negotiation that has been read
by millions of people in 25 different languages. In clear, straightforward writing, Getting to YES shows
negotiators how to separate relationship issues from substance and deal with the latter by focusing
on interests, not positions; inventing options for mutual gain; and using independent standards of
fairness to avoid a bitter contest of will.

New books by the HNP team include: Difficult Conversations: How to Discuss What Matters Most
(Viking/Penguin 1999) and Getting It DONE: How to Lead When You're Not in Charge (Harper
Business 1998).

Difficult Conversations, by Douglas Stone, Bruce Patton, and Sheila Heen, with a foreword by Roger
Fisher, coaches readers on how to have those conversations they dread most, whether at work, at
home, or across the backyard fence. Common examples of difficult conversations include issues
around race, gender, or religion; interactions where emotions run high; and situations in which our
self-image or sense of who we are in the world feels threatened. A national bestseller now available
in more than 15 languages, the book explains why these conversations are so tough and offers a
step-by-step method for handling them with less anxiety and more success.
Getting It DONE, by Roger Fisher and Alan Sharp (longtime colleague and organizational consultant),
with John Richardson, instructs the reader on how to work effectively in teams and presents the
method of "lateral leadership" -- how to influence groups in a positive direction, regardless of your
position in that group. The book coaches the reader on how to think through purposes; harness the
power of organized thought; learn from experience; find valued roles for people that draw on their
strengths; and offer feedback that truly helps.

Currently, Fisher and HNP Associate Dr. Daniel Shapiro are working on a book that explores further
the role -- both positive and negative -- of emotion in negotiation.

       Education and Training

Professor Emeritus Fisher and other HNP staff continue to teach the Negotiation Workshop HNP
pioneered in the Harvard Law School curriculum and to offer a one-week version of the course to
lawyers and interested others each June and November through Harvard Law School's Program of
Instruction for Lawyers (PIL). John Richardson has added an Advanced Workshop on Multiparty
Negotiation to the curriculum to supplement the occasional advanced seminars offered by various
HNP faculty. A one-week Advanced Workshop on Communication and Difficult Conversations is
offered each June as part of PIL, and a two-day course on Managing the Difficult Business
Conversation is offered twice a year for executives.

As part of HNP's commitment to helping other teachers, HNP staff have developed a wealth of
negotiation exercises, teaching notes, videotaped demonstrations, and interactive video and
electronic lessons and made them available through the Program on Negotiation's Clearinghouse and
Harvard Business School Publishing.

       Real-World Intervention

HNP frequently tests its theories in the crucible of practice, often in the heat of some of the world's
most intransigent conflicts. From South Africa to Latin America, the Mideast to the Balkans, HNP
works with individuals and governments on initiatives ranging from injecting a single idea at a crucial
time to initiating and framing an entire process for dealing with a conflict.

Recently, for example, Fisher and colleagues from the nonprofit Conflict Management Group tested
an HNP technique called "facilitated joint brainstorming" with a high-level but unofficial group from
Ecuador and Peru to generate new options that both sides could jointly present to their superiors. The
conference led to a peace initiative that ultimately settled a highly contentious border dispute that had
persisted for 50 years and resulted in numerous armed conflicts.

Currently Fisher and others are working on ideas that might facilitate progress in managing the
complexity of stalled Middle East peace negotiations.
Harvard Negotiation Research Project                                                             TOP


Robert H. Mnookin
Director & Williston Professor of Law, Harvard Law School
Robert C. Bordone
Deputy Director & Thaddeus R. Beal Lecturer on Law,
Harvard Law School
Jan Qashat
Assistant to the Director & Deputy Director
Ehud Eiran
HNRP Senior Research Fellow
Adam Motenko
Workshop Coordinator and Research Assistant

      Affiliated Faculty

Kenneth Arrow
Department of Economics, Stanford University
Marc Galanter
University of Wisconsin Law School
Ronald J. Gilson
Stanford Law School and Columbia Law School
Lee Ross
Department of Psychology, Stanford University
Guhan Subramanian
Harvard Law School
Stephen Sugarman
University of California at Berkeley School of Law
Robert Wilson
Stanford Business School
Paul Weiler
Harvard Law School

HNRP/ Hewlett Fellows, 2004- 2005
Brooke Clayton
Audrey Lee
Amy Lehr
Liz Tippett
Elena Voss

      Current Projects & Activities

The Harvard Negotiation Research Project (HNRP) has several primary goals:
to strengthen the theoretical underpinnings and empirical scholarship related to negotiation and
dispute resolution;
to develop practical tools that translate the theory of dispute resolution into practical processes for
parties engaged in conflict;
to develop the teaching pedagogy and materials needed to prepare a new generation of lawyers in a
problem-solving approach to the legal profession;
to encourage the development of a new generation of scholars concerned with research in
negotiation and dispute resolution.
Below is a brief summary of some of the recent new and continuing work of HNRP:

Israeli Settlements Project
During the 2003-2004 year much of HNRP’s work has been devoted to laying the groundwork for a
long-term dialogue process with respect to the future of the Jewish settlements in the West Bank and
Gaza. Professor Robert Mnookin was featured on the front cover of the March-April 2004 issue of
Harvard Magazine for his work on the “Resettling the Settlers: Laying the Foundation” initiative. The
project is comprised of three simultaneous strands.
First is the formation of a consensus-building process. On April 19 and 20, 2004, Professor Robert
Mnookin and Ehud Eiran of the Harvard Negotiation Research Project traveled to Israel for a historic
meeting of influential Israeli leaders to begin an intensive internal dialogue. During the two-day
workshop, settler and non-settler Israelis from across the political spectrum shared their viewpoints,
hopes, and fears about the future of Israeli settlements in the West Bank and Gaza. This effort to
create a consensus-building dialogue will continue in the fall at Harvard Law School with three
additional workshops.
The second strand is applied legal and policy research concerning alternative institutional
mechanisms and procedures for relocating settlers. Based on their research, Mnookin and attorney
Gilead Sher, the lead Israeli negotiator at the Camp David Summit in 2000, are producing a
memorandum on existing legal frameworks, a report on alternative policy proposals, and ultimately,
model legislation.
Finally, a major academic conference will be held at Harvard Law School in the fall of 2004. This
conference will bring together prominent academics, policymakers, and public intellectuals to address
questions relating to settler relocation from a variety of academic perspectives: historical,
philosophical, religious, psychological, economic, political and legal. The invited participants will
include Israelis, Palestinians, as well as scholars from North America and Europe. The product will be
an edited volume. It is our hope that this work will help inform — directly and indirectly — public
discourse (and perhaps political decisions) about settlements and the appropriate treatment of
In addition to HNRP’s international work, the program has experienced continued success with its
ongoing projects. Furthermore, during the 2003-2004 academic year, HNRP launched a host of new
academic, research and training projects designed to further its four primary goals.

Workshops and Course Offerings
HNRP has primary responsibility for Harvard Law School’s Winter and Spring Negotiation
Workshops. This year, Professor Guhan Subramanian led a teaching team of twelve for the Winter
Negotiation Workshop and Robert Bordone, the Thaddeus R. Beal Lecturer on Law and HNRP’s
Deputy Director, led a teaching team of six for the Spring Negotiation Workshop.
As part of this teaching program, Bordone and Subramanian recruited nine outstanding law students
to serve as teaching assistants in the courses. We view the use of teaching assistants in our program
as an integral part of our course’s and the Law School’s negotiation teaching program. In preparation
for the courses, each of the nine teaching assistants participated in a full weekend of intensive
training provided by Bordone. This training focused on teaching pedagogy, in-class facilitation skills,
and substantive expertise required for teaching negotiation in a law school setting. Teaching
assistants work with Bordone throughout the year to receive feedback and guidance on how to
prepare lesson plans, execute case discussions, and review systematically to improve. Our hope is
that this program will encourage more of our students to consider seriously a career in law teaching,
especially in the area of alternative dispute resolution.
In addition to overseeing the two main negotiation workshops at the Law School, Mnookin and
Bordone continued their involvement with the First Year Lawyering Program, delivering a one week
module on negotiation and problem-solving to all first year law students. The program ensures that all
entering students receive some exposure to the field of Alternative Dispute Resolution.
For students in their second and third years, Bordone offered a new reading group in the fall of 2003
with Professor Frank E.A. Sander called “Alternative Methods of Dispute Resolution.” The group
focused on emerging ethical issues and the design of dispute systems. Bordone also lead the
“Negotiation and Dispute Resolution Interdisciplinary Research Seminar,” a university-wide initiative
to encourage research relating to negotiation, bargaining, dispute resolution, and other forms of joint
decision-making. The course consisted of a series of presentations by Harvard faculty from various
schools and departments describing core assumptions and offering perspectives on decision analysis
and behavioral decision theory, game theory, negotiation analysis, cognitive psychology, social
psychology, and law and economics.

Hewlett Fellowship Program
HNRP’s second major initiative is the continuation and growth of its Student and Senior Fellows in
Law and Negotiation Program. This Student Fellows Program, sponsored through a grant from the
William and Flora Hewlett Foundation, provides opportunities for five HLS second- and third-year
students to undertake advanced and intensive research in negotiation and dispute resolution. The
student applicant pool for the 2003-2004 year was excellent and each of the fellows produced a
written work of publishable quality. Indeed, HNRP Research Fellow Eloise Pasachoff was awarded
the Taubman Center Urban Prize by Harvard’s Kennedy School of Government for the pathbreaking
paper she wrote as part of her fellowship from the Hewlett Foundation.
As part of the Student Fellows program, each student receives up to $2500 in research money.
Among the projects these monies fund, this year HNRP Fellow Hephzibah Levine took a year of
absence to work in Israel on a complex consensus-building process involving Bedouin people and
other stakeholders. Upon successful completion of their research program, each student is awarded
an honorarium of $1000. Robert Bordone has primary responsibility of advising the Hewlett Research
Fellows. Each Research Fellow makes a formal presentation of their work-in-progress to their
colleagues during the academic year. These sessions help students focus and hone their work and
increase the likelihood that the papers will ultimately be published.
A Senior Fellows Program is also funded by a grant from the Hewlett Foundation. During the 2003-
2004 year, Senior Fellow Lukasz Rozdeiczer-Kryszkowski collaborated with Professors Mnookin and
Larry Susskind on the construction of a workbook entitled, “Teaching Multiparty Negotiations.” The
workbook summarizes the design, content, and pedagogy of the Multiparty Negotiation Workshop
taught at Harvard Law School in 2002 and 2003. Additionally, Mnookin, Susskind, Fuller and
Rozdeiczer-Kryszkowski published a summary of their “Teaching Multiparty Negotiation Conference”
held May 30-31, 2003 at Harvard Law School. Lukasz also continued work on his Ph.D. dissertation
on commercial mediation in the Polish Code of Civil Procedure.

Academic and Research Projects
This year, HNRP continued its academic and research pursuits through the development of a number
of literary projects and new case materials. First, Professor Mnookin is currently working with
Gabriela Blum (S.J.D. 2003) on a book that examines the limits of negotiation as an effective
persuasive tool.
Meanwhile, Deputy Director Bordone and Michael Moffit of the University of Oregon Law School are
currently working on a “Handbook of Dispute Resolution” to be published in 2005 by Jossey-Bass.
The Handbook will seek to bridge the work of academics and practitioners by providing the first
comprehensive interdisciplinary approach to the field of dispute resolution. Contributors will include
Carrie Menkel-Meadow, Frank Sander, Max Bazerman, Larry Susskind, Debbie Kolb, Mark Umbeit,
and many other distinguished scholars.
Bordone is also currently working with HNRP Research Fellow Andrew Lee on a guide to how to get
involved in negotiation, mediation, and alternative dispute resolution as a career. They hope to
publish this manuscript in 2005.
Throughout the year, Bordone has worked on a number of projects with HLS students to develop new
teaching materials. In 2003-2004, he collaborated with Sarah Hurwitz to develop a case called, “Firm
Conversation,” which deals with issues of sexual orientation in a law firm setting. Bordone also
supervised Candace Modlin in writing a case called “Fresh Air Airways,” a negotiation about a
discount airline company’s selection of a city for its headquarters. Finally, Bordone created a new
case called “The Advocates,” which teaches students how to calculate the expected value of
negotiated deals, for the Spring Negotiation Workshop. Several other joint collaborations with
students are in the works including the publication of a multiparty case on drafting a national
constitution that explores the role of leadership in negotiation and a case on restorative justice in
victim-offender mediation.

Speeches & Talks
Both Professor Mnookin and Bob Bordone participated in a number of public presentations, talks, and
panels during 2003-2004. For example, in the spring of 2004 Bordone moderated a panel on crisis
negotiation that brought together representatives of local, state, and federal officials charged with
leading hostage or crisis negotiation teams in Boston and the New England region. In the summer of
2004, Bordone organized and led a panel at the ABA Annual Meeting on Negotiation Ethics and the
newly modified Model Rule 1.6. Professor Mnookin’s talks include “Crisis in North Korea: Is it
Negotiable?” in September of 2003 at Harvard Law School; “The Vanishing Trial from the Bargaining
Perspective” at the ABA Vanishing Trials Conference in December 2003; and “Resolving Conflicts
Behind the Table: The Future of the Jewish Settlements in the West Bank and Gaza,” delivered as
the 2004 University of Missouri Annual CSDR Spring Lecture on Dispute Resolution.

In 2003-2004, HNRP continued its academic and financial support of the Harvard Negotiation Law
Review. Along with Professor Sander, Professor Mnookin and Mr. Bordone serve as faculty advisors
to the Law Review, which published its largest volume in history, Volume Nine, in the Spring of 2004.
Two of last year’s Hewlett Papers, by 2003 graduates Glenn Cohen and Hansel Pham, were selected
for publication in the Spring 2004 Volume.
Furthermore, we are pleased to announce that Glenn Cohen’s paper “Negotiating Death: ADR and
End of Life Decisionmaking” received the CPR Institute for Dispute Resolution Prize for Outstanding
Student Paper.
Additionally, Khalil Shariff, whose paper “Designing Institutions to Manage Conflict: Principles for the
Problem Solving Organization” was published in the Spring 2003 issue of HNLR, received an
honorable mention from the CPR Institute for Dispute Resolution in the student paper category.
With part of its mission focused on training attorneys in the skills and methods of problem-solving,
HNRP offered two intensive programs for attorneys during the Summer of 2004 through Harvard Law
School’s Program of Instruction for Lawyers. Working with Gary Friedman of the Center for Law and
Mediation, Professor Mnookin offered an advanced mediation program to judges and senior attorneys
that focused on the non-caucus style of mediation for which Professor Mnookin is widely known. At
the same time this course was offered, Bordone worked with Michael Moffitt to offer a course on
negotiation entitled, Creating Value in Deals and Disputes. This course drew participants from 19
countries in North America, Asia, Europe, Latin, and South America. HNRP remains committed to
providing opportunities to train professionals to improve their ability to provide effective dispute
resolution services to their clients.
In addition, Bordone offered a one-day Train the Trainer Workshop to students involved in PON's
Student Interest Group. More than 20 students applied to partake in this workshop designed to teach
students how best to teach negotiation and dispute resolution to others.

Looking Forward to 2004-2005
Next year, HNRP looks forward to continuing its exciting work at HLS and abroad. In 2004-2005,
Mnookin and Bordone will expand their course offerings at the Law School with several new
seminars. In the Fall of 2004, Mnookin will teach “Negotiating Ethnic Conflict” with Ehud Eiran. The
course will explore the relevance of negotiation theory to the management and resolution of ethnic
conflict by studying in depth the Israeli-Palestinian conflict, as well as ethnic conflicts in Northern
Ireland, Cyprus, the former Yugoslavia, Kashmir, and South Africa.
In the spring semester, Mnookin and Larry Susskind will teach an advanced negotiation workshop
called “Multiparty Negotiation.” The workshop will focus on the unique challenges presented by
negotiations involving many parties and more specifically, on process design, the use of neutrals to
facilitate negotiation, and the impact of the formation and dissolution of coalitions.
In addition to these courses, Mnookin will lead the flagship Winter Negotiation Workshop at Harvard
Law School during January of 2005.
In the Fall of 2004, Bordone and Sander will offer a “Dispute Systems Design” reading group. The
course will introduce students to the theory and practice of dispute systems design through a critique
of several domestic and international case studies.
In addition, Bordone will teach a reading group for first year law students in the Fall of 2005 with HLS
Lecturer Florrie Darwin. The course, “Negotiating Leadership: Perspectives in Film,” will examine the
principles necessary for effective leadership and the common barriers to achieving optimal results.
Furthermore, Bordone will continue to lead the Spring Negotiation Workshop in the Spring of 2005
and the Negotiation and Dispute Resolution Interdisciplinary Research Seminar in the Fall of 2004.
Through these courses, the Harvard Negotiation Law Review, and Hewlett Fellowship Programs,
HNRP expects to continue to attract and work with many HLS students whose primary interests are
negotiation, mediation, and dispute resolution. Furthermore, HNRP hopes to expose entering
students and those with no background in negotiation to its many opportunities in 2004-2005. Finally,
as mentioned above, HNRP looks forward to hosting a major academic conference at Harvard Law
School in the fall of 2004 based on the “Resettling the Settlers” initiative. We hope that this
conference and its resulting edited volume will help inform public discourse and encourage the use of
negotiation and dispute resolution in public disputes. With all these exciting projects on the horizon,
we look forward to an enriching and productive fiscal year in 2005.

      Additional Publications

Beyond Winning: Negotiating to Create Value in Deals and Disputes, by Robert H. Mnookin, Scott R.
Peppet, & Andrew Tulumello (Harvard University Press, 2000).
Negotiating on Behalf of Others: Advice to Lawyers, Business Executives, Sports Agents, Diplomats,
and Everybody Else, Ed. Robert H. Mnookin, Lawrence E. Susskind with Pacey Foster (Sage
Publications, 1999).
Barriers to Conflict Resolution, Ed. Kenneth Arrow, Robert H. Mnookin, Lee Ross, Amos Tversky, and
Robert Wilson (PON Books, 1999).

Recent articles
"Teaching Interpersonal Skills for Negotiation and for Life." 16 Negotiation Journal 377 (2000).
"Constitutional Gravity: A Unitary Theory of Alternative Dispute Resolution and Public Civil Justice,"
by Richard C. Reuben. 47 U.C.L.A. Law Review 949 (April 2000).
"Negotiation Teaching in Law Schools" by Robert C. Bordone & Robert H. Mnookin in Negotiation
Pedagogy: A Research Survey of Four Disciplines, Program on Negotiation at Harvard Law School,
"Advising Clients to Apologize," by Jonathan R. Cohen. 72 Southern California Law Review 4 (May
"Lessons of the IBM-Fujitsu Arbitration: How Disputants Can Work Together to Solve Deeper
Conflicts" by Robert H. Mnookin and Jonathan Greenberg. 4 Dispute Resolution Magazine No. 3
(Spring, 1998).
"Electronic Online Dispute Resolution: A Systems Approach - Potential, Problems, and a Proposal,"
by Robert C. Bordone. 3 Harvard Negotiation Law Review 175 (1998).
"Reasoning Along Different Lines: Some Varied Roles of Rationality in Negotiation and Conflict
Resolution," Jonathan R. Cohen. 3 Harvard Negotiation Law Review 111 (1998).
"Commentary: Negotiation, Settlement, and the Contingent Fee," by Robert H. Mnookin. 47 DePaul L.
Rev. No. 2 (Winter 1998).
"A Model for Efficient Discovery," by Robert H. Mnookin & Robert B. Wilson. 25 Games and
Economic Behavior (1998).
"Alternative Dispute Resolution," by Robert H. Mnookin. The New Palgrave Dictionary of Economics
and the Law (P. Newman, ed.) Grove Dictionaries, Inc., New York (1998). "Divorce," by Robert H.
Mnookin. The New Palgrave Dictionary of Economics and the Law (P. Newman, ed.) Grove
Dictionaries, Inc., New York (1998).
"Does Disputing Through Agents Enhance Cooperation? Experimental Evidence" by Robert H.
Mnookin and Rachel Croson. 26 Legal Stud. No.2 (June 1997).

Case Simulations
“Time for Change” (Robert Bordone and Gillien Todd), (2004)
“Vacation Time” (Robert Bordone and Gillien Todd), (2004)
“The Advocates” (Robert Bordone), (2004)
“Firm Conversation” (Sarah Hurwitz and Robert Bordone), (2004)
“Fresh Air Airways” (Candace Modlin with Robert Bordone), (2004)
“Dorm Talk” (Robert Bordone and Daniel Shapiro), (2003)
"Zen and Kerry's" (Thomas Allen and Robert Bordone), (2002)
"Theotis Wiley" (Jake Erhard with Robert Bordone), (2001)
"Ted Wiley" (Jake Erhard with Robert Bordone), (2001)
"Commonwealth v. McGorty" (Robert Bordone and Jeremy McClane), (2001)
"The DONS Negotiation" (Robert Bordone and Jonathan Cohen), (2000)

Saving the Last Dance: Mediation through Understanding (with Gary J. Friedman, Jack Himmelstein,
& Robert Mnookin), (2001)
Lawyer and Clients: The Initial Interview (with Robert H. Mnookin), (1998)
MIT-Harvard Public Disputes Program                                                              TOP

Lawrence E. Susskind
William Moomaw
Associate Directors
David Fairman
Patrick Field

The MIT-Harvard Public Disputes Program, one of the largest and busiest components of the
Program on Negotiation, is an internationally known center for action research committed to a new
way of thinking about and resolving disputes in the public sector. Put most simply, the Public Disputes
Program exists to replace “win-lose” outcomes with “all-gain” solutions to highly controversial and
complex problems of public policy making.
Over the years, scores of journal articles and books—as well as television and newspaper reports—
have helped to chronicle the work of the Public Disputes Program. Part of the reason for this high
profile is that the Public Disputes Program deals with complex, “tough-nut-to-crack” disputes that
often seem impervious to negotiated solutions such as:
     balancing economic needs of the developing world with global environmental safeguards;
     developing a national energy policy for the United States;
     helping consumers, providers of services, and government officials set fair electric utility rates;
     siting such LULUs (locally unwanted land uses) as radioactive waste disposal facilities; or
     mediating a statewide confrontation over affordable housing.
For many years, PDP faculty and associates have been working on an "Alternative to Roberts Rules
of Order" for groups that want to operate by consensus. Now, in conjunction with the Consensus
Building Institute, such a guide is available. The Consensus Building Handbook by Lawrence
Susskind, Sarah McKearnan, and Jennifer Thomas-Larmer was published in 1999 by Sage
Publishers. This reference also includes contributions from more than 50 of America’s best-known
public dispute resolution professionals and contains 17 chapters and 18 case studies examining all
aspects of consensus-building theory and practice.
PDP affiliates are also extensively involved in mediation, research, and teaching. Some illustrations


Examples of PDP’s mediation efforts include:
organizing and supporting a bi-cultural team of mediators in Israel to assist in the resolution of long-
standing Bedouin land claims;
support and training for the Joint Environmental Mediation Service (JEMS), an Israeli-Palestinian
NGO (linked to the Israel-Palestine Center for Research and Information) that is mediating land,
water, and other development disputes in contested areas;
serving as mediator/convenor of a group of over 100 policy makers, government officials,
environmentalists, and business representatives who met in a nationally televised exercise to try to
negotiate a workable national policy on energy;
working in a similar capacity to help develop an affordable housing compact for the Hartford,
Connecticut region; and
collaborating with government officials, environmentalists, business interests, and others in Maine on
the safe disposal of the state’s low-level radioactive waste.

"Action-research" is a hallmark of the Public Disputes Program, with faculty and graduate students
undertaking projects that help both to build negotiation theory and to explain how and why particular
processes may or may not work.
For instance, PDP (with support from the General Electric Foundation) has documented the
Environmental Protection Agency’s experiments with "reg neg," or regulatory negotiation. This
technique is aimed at broadening participation in the government’s rulemaking process before draft
regulations are issued, thereby improving the chances that the regulations will be viewed as
legitimate and stimulate compliance.
Another example of this kind of activity is PDP's extensive involvement in global environmental
negotiation, research which has led to the publication of several books and numerous journal articles.
The most recent book is Transboundary Environmental Negotiation: A New Approach to Global
Cooperation, by Susskind, Moomaw and Gallagher, published in 2002 by Jossey-Bass.


PDP faculty teach graduate-level courses at MIT, Harvard, and the Fletcher School of Law and
Diplomacy. One particularly popular course is Lawrence Susskind and William Moomaw’s Seminar on
International Environmental Negotiation, offered jointly by MIT, the Program on Negotiation, and the
Fletcher School of Law and Diplomacy at Tufts. Graduate students in business, law, economics,
government, and other disciplines from several universities and many different nations participate in
this fall semester seminar. Ten collections of published work have evolved from work initially
presented in the seminar.
Faculty also devote a considerable amount of time to the development of curriculum materials
suitable for use in teaching and training programs. In all, the Public Disputes Program has published
more than 80 negotiation teaching simulations. These range in complexity from situations involving
just two stakeholder groups in a public dispute to extremely complex multilateral negotiations
involving a dozen or more parties in global treaty negotiations.
With support from the Program on Negotiation and the Surdna Foundation, PDP Associate Director
David Fairman has produced A Workable Peace, a high school curriculum that can be used in
conjunction with social studies and history classes to teach other ways of managing intergroup
conflict. Using a series of simulations (based on conflicts in Rwanda, Guatemala, Hebron, and
Northern Ireland), students learn about the dynamics of interethnic conflict resolution. The curriculum
has been tested in a variety of school systems, most extensively at Cambridge Rindge and Latin High
Susskind and Michael Wheeler teach a short course called "Dealing with an Angry Public." This
intensive two-day training program, aimed at government officials, business representatives,
environmentalists, and others who are frequently at loggerheads, is offered twice yearly, attracting an
audience of approximately 150 senior managers for each session. As is the case with the Program on
Negotiation executive training programs, tuition fees from this course help to support PDP’s many
research projects and publications.
Current projects (undertaken jointly with the not-for-profit Consensus Building Institute in Cambridge,
Massachusetts) include:
     the development and presentation of a community training package prepared for the U.S.
        EPA's Office of Environmental Justice entitled "Achieving Environmental Justice Through the
        Application of Dispute Resolution Techniques";
     the preparation and presentation of an advanced training program for the United States
        Geological Service dealing with Strategies for Resolving Science-Intensive Policy Disputes;
     four regional programs presented jointly with the Lincoln Institute of Land Policy on "Mediating
        Land Use Disputes"; and
      the development and presentation of an on-line, instructor-led week long course entitled
       "Negotiating for Sustainability" prepared for the United Nations Development Programme.

       Affiliated Faculty

Saleem Ali
University of Vermont
Eileen Babbit
Tufts University
Jason Corburn
Hunter College
John Forester
Department of City and Regional Planning
Cornell University
Howard Kunreuther
The Wharton School of the University of Pennsylvania
David Laws
Department of Urban Studies and Planning
Adil Najam
Boston University
Michael Wheeler
Harvard Business School

       Practitioner Associates

Larry Dixon
Stacie Smith
Mary Skelton Roberts
Ron Morad
Merrick Hoben
Mieke van der Wansem
Consensus Building Institute
Cambridge, MA
Matthew McKinney
Montana Consensus Council
Sarah McKearnan
University of Michigan
Herman Karl
United States Geological Service
Don Edwards
Justice and Sustainability Associates
Susan Podziba
Susan Podziba and Associates
Jonathan Raab
Jonathan Rabb and Associates
Greg Sobel
Greg Sobel and Associates
Negotiation Roundtable                                                                           TOP

James K. Sebenius
Director Emeritus
Howard Raiffa

How can we work to improve the analysis and practice of negotiation, especially in managerial
settings? This is the central question that drives the work of the Negotiation Roundtable, a group of
faculty, senior graduate students, and negotiation practitioners who meet regularly at the Harvard
Business School jointly with colleagues from the John F. Kennedy School of Government and other
institutions. Roundtable participants review management cases, books, and other materials focused
on negotiation practice; undertake studies on particular aspects of negotiation; work to develop and
advance the teaching of negotiation at the graduate school level; and provide negotiation advice on a
variety of real-life cases. In 1999-2000, the Roundtable focused on issues of strategic alliances.
In the past, Roundtable collaborations have influenced a wide range of scholarly projects, including
the writing of two well-known "classics" in the negotiation literature: Howard Raiffa's The Art and
Science of Negotiation (Harvard University Press 1982), David A. Lax and James K. Sebenius's The
Manager as Negotiator (The Free Press 1986) and, more recently, Richard J. Zeckhauser, Ralph L.
Keeney, and James K. Sebenius' edited volume, Wise Choices: Decisions, Games, and Negotiations
(Harvard Business School Press 1996).

      Negotiation and the MBA

Some of the Roundtable's other activities have included a consideration of negotiation and the MBA.
The Harvard Business School has become the first major business school in the nation to require the
inclusion of a course in negotiation in the core curriculum for its master of business administration
degree. The course was developed by a faculty team headed by Professor James K. Sebenius and
many of his Negotiation Roundtable colleagues.
According to Sebenius, "Negotiation has always been understood to be important for making deals
and handling disputes, and Howard Raiffa had been teaching negotiation to business students for
years. But now there is a recognition that the mastery of negotiation must be truly frontal for
managers." Students need to understand and be skilled in negotiation, bargaining, and conflict
resolution in order to create agreements that are valuable for all concerned and truly sustainable.
Among those who worked with Sebenius on the curriculum design and/or the actual teaching are:
Marjorie Corman Aaron, Professors John Hammond, Howard Raiffa, Robert J. Robinson, Patrick
Sileo, Gus Stuart, Kathleen Valley, Michael Wheeler, George Wu, and former Research Assistant
Janet Martinez.

      Addressing Questions of Fairness and Efficiency

Another recent initiative involved "Addressing Questions of Fairness and Efficiency." According to
Howard Raiffa (Director Emeritus of the Roundtable), negotiators who strategically withhold
information or misrepresent their interests frequently fail to find feasible solutions that meet each
side's bottom line. In some cases, even if they do come up with a feasible solution, it may turn out to
be inefficient -- that is, potential joint gains are left on the bargaining table. And in too many other
cases, even if a solution is found that is both feasible and efficient, it may not be equitable. He
believes that the key to overcoming such problems is an appreciation of negotiations analytics.
Professor Raiffa elucidated these points in a special three-part lecture series that took place in the
spring of 1996 at Harvard University. Negotiation Roundtable co-sponsored the lectures, which
attracted a large audience of students and faculty from graduate and professional schools at Harvard
and other universities. Each lecture stimulated spirited debate over the pluses and minuses of
negotiation under conditions in which full information, or, more realistically, partial information was
exchanged by the parties. Professor James Sebenius and Research Assistant Janet Martinez
assisted Raiffa in his presentations, which were compiled into a book, Lectures on Negotiation
Analysis (PON Books 1998), available through the PON Clearinghouse to teachers and others.
Program on Negotiations in the Workplace                                                         TOP

Deborah M. Kolb
Joel Cutcher-Gershenfeld

As Adam and Eve joined hands to leave the Garden of Eden, he turned to her and said, "We are
about to enter a time of transition."
A time of transition is the only way to describe what is happening in today's workplace, where
technological "revolutions" seem to occur on a daily basis; competition is not only fierce but now on a
"world market" basis; new dot.coms emerge every day; and the gender and cultural backgrounds of
the workforce itself are more diverse than they have ever been before. Responses to these
challenges have been dramatic: Organization structures are generally "flatter," and less hierarchical;
cost-effectiveness is emphasized, but so too is customer satisfaction, quality, and continuous
improvement. Work frequently occurs in cross-functional teams that exist on a project-to-project
basis, then disband; in production and service delivery teams that are expected to apply knowledge,
not just effort; and in increasingly diverse groups. The "psychological contract" between employees
and organizations is also changing.
The Program on Negotiations in the Workplace is a collaboration among scholars who are keenly
aware of these changes in work organizations and who are working to develop, implement, and
evaluate ways that negotiation theory and practice can contribute to understanding them and, in
some instances, can even serve as a catalyst for change. It is our belief that a negotiated approach to
change is a core competency -- not just a helpful skill -- as work becomes more knowledge-driven
and as competitive pressures become more intense.

       A "Mutual Gains" Approach to Bargaining

The roots of the Program on Negotiations in the Workplace can be traced to a collaboration among
faculty interested in studying the "mutual gains" approach to negotiation, both in the traditional union-
management setting and elsewhere. In particular, faculty focused on the possibilities of joint training
for labor and management negotiators in the mutual gains approach and on whether such training
could have an effect on the collective bargaining process.
With early support from the US Department of Labor's Division of Labor-Management Relations,
faculty from PON have studied new approaches to collective bargaining, developed new training
materials, and published several articles in Negotiation Journal. These investigators are currently
launching research to better understand the impact of the training and the staying power of the new
approaches to negotiations.
Additional research on collective bargaining is being co-led by Joel Cutcher-Gershenfeld and Thomas
Kochan (also affiliated with the workplace negotiation initiative) as part of the National Performance
Review Initiative by the Federal Mediation and Conciliation Service. In 1999 they completed a second
national random-sample survey of labor and management negotiators. Their findings are summarized
in a publication of the Industrial Relations Research Association.

       The Workplace, Gender, and Organizational Effectiveness

Co-Director Deborah M. Kolb is involved in a number of action-research projects in collaboration with
the Center on Gender in Organizations at the Simmons College Graduate School of Management
that link gender equity issues to organizational effectiveness. In this work, Kolb says, "we use a
gender lens to analyze how work cultures and practice, which typically reflect masculine values and
life situations, make it challenging for women (and many men as well) to succeed. But also, our
analyses demonstrate that these very same cultures and practices can also undermine organization
effectiveness." The group's work with organizations to change these work practices is detailed in the
Harvard Business Review (January 2000).
Negotiation is basic to this enterprise as individuals use bargaining skills to push back on these
cultural assumptions. Individuals caught in double binds around gender issues find that using
negotiation skills opens up space for them to be more effective and to have their work recognized as
such. Organizational change agents find that negotiation helps them deal with resistance to change
over issues that are deeply rooted in gendered assumptions in the workplace. Currently Kolb and her
colleagues are initiating a new project -- building alliances across differences. For more information,
see the CGO website (

      Gender Issues in Negotiation

The Negotiations in the Workplace Project has an abiding interest in gender issues in negotiation.
Work on gender issues in negotiation has taken a new direction with the research conducted by
Deborah Kolb and her colleagues on feminist theory and negotiations and gender relations in the
workplace. In collaboration with Professor Linda Putnam, Kolb has cast a critical eye on basic
assumptions and concepts to see what kinds of behaviors are prominent and which are silenced or
left out entirely.
In their 2000 book, The Shadow Negotiation: How Women Can Master the Hidden Agendas that
Determine Bargaining Success, Kolb and Judith Williams elaborate the concept of the shadow
negotiation as the context in which gender issues play out. Contending that existing negotiation
theory minimizes the social context in which negotiation occurs, the authors focus on how negotiators
tacitly negotiate about how they will negotiate, even though they do not discuss these issues directly.
In the shadow negotiation, gender comes into play at personal, expectational, and situational levels.

      Global Diffusion of Workplace ADR Principles

Project Co-Director Joel Cutcher-Gershenfeld is currently leading research supported through PON's
faculty research fund on the global diffusion of new work systems and the role of "alternative" dispute
resolution therein. He is one of the co-authors of Knowledge- Driven Work: Unexpected Lessons from
Japanese and U.S. Work Practices (Oxford University Press, 1998) who have found that a negotiated
diffusion strategy yields significant advantages over what are termed "piecemeal" and "unilateral"
strategies. This research also builds on analysis of recent data from South Africa's Commission on
Conciliation, Mediation and Arbitration (CCMA), which resolved over 100,000 workplace disputes in
its first two years of operation. in the Workplace.

      Executive Education

Faculty affiliated with this research project have developed two short training programs that are part
of the Program on Negotiation's executive education offerings, one designed for human resources
professionals and the second for labor and management executives.
"Negotiating Labor Agreements" seminar co-chairs Joel Cutcher-Gershenfeld, Robert B. McKersie,
and Nancy Peace recently conducted a preliminary self-assessment study of past participants,
assessing the effectiveness of the training in subsequent negotiations, and developed and posted the
"beta" version of an interactive website for past seminar participants with the assistance of PON
intern Olga Syska and PON Technology Coordinator Edward Hillis. At PON's March 2000 conference
on Negotiation Pedagogy, McKersie and Cutcher-Gershenfeld presented some of the underlying logic
and findings from the self-assessment study.
With Professor Lawrence Susskind, Kolb is currently developing a new program -- "Managing Conflict
Inside Organizations."

      Affiliated Faculty
Lotte Bailyn
Sloan School of Management
Anne Donnellon
Department of Management
Babson College
Susan Eaton
Kennedy School of Government
Harvard University
Robin Ely
Harvard Business School
Joyce K. Fletcher
Center for Gender in Organizations
Simmons College Graduate School of Management
Thomas Kochan
Sloan School of Management
Elaine M. Landry
Babson College
Robina Marks
University of Capetown
Robert B. McKersie
Sloan School of Management
Deborah Merrill-Sands
Center for Gender in Organizations
Simmons College Graduate School of Management
Debra Meyerson
Stanford University
Nancy Peace
Society for Professionals in Dispute Resolution
Linda Putnam
Texas A & M University
Mary P. Rowe
Sloan School of Management
Maureen Scully
Center on Gender in Organizations
Simmons College Graduate School of Management
Bert A. Spector
Northeastern University
Lawrence E. Susskind
Department of Urban Studies and Planning
Kathleen Valley
Harvard Business School
Michael Watkins
Harvard Business School

      Executive Education Teams
Human Resource Management
Deborah Kolb
Michael Watkins
Kathleen Valley
Bert Spector
Negotiating Labor Agreements
Joel Cutcher-Gershenfeld
Robert B. McKersie
Nancy Peace
Elaine M. Landry
Thomas Kochan
Phyliss Segal
Lawrence Susskind
Kathleen Valley
Project on International Institutions and Conflict Management                                       TOP

Antonia Handler Chayes
(Formerly jointly with the late Abram Chayes)

The Project on International Institutions and Conflict Management (formerly the Project on
International Compliance and Dispute Settlement) began in 1990 with an initial focus on the issue of
compliance with international agreements, a subject that was neither well understood nor fully
addressed by international lawyers or the international relations community. Since that time, the
Project, and its publications, including The New Sovereignty (1995) by Abram and Antonia Handler
Chayes, have helped to generate an ongoing dialogue and debate among scholars and practitioners
and have made a significant contribution to the literature in this area. The Project has both continued
its original focus and been able to broaden it.

       Law and Politics of International Conflict Management

A cornerstone of current project activities has been a course based at both the Law School and
Kennedy School of Government at Harvard: Law and Politics of International Conflict Management.
The course focuses on both the legal basis and the political complexities of all types of intervention:
diplomatic, military, and humanitarian. The class deals with intervention to prevent and mitigate
conflict and to reconstruct war-torn societies. It explores the legal basis in the UN Charter and other
treaties as well as specific UN Security Council Resolutions. Early experience in the Middle East,
Congo, and Cyprus are examined along with current post-Cold War efforts, including Somalia, Haiti,
Cambodia, Bosnia, Kosovo, and East Timor. The course examines the roles, activities, and legal
basis for intervention by international organizations, nations, and NGOs, including OSCE, the
European Union, NATO, etc., and their complex interrelationships.

       Initiatives in Conflict Management: Planning for Civil-Military Cooperation

Another component of the project is a ground-breaking week-long Executive Program entitled
"Initiatives in Conflict Management: Planning for Civil-Military Cooperation." The program, developed
by the Conflict Management Group and the Kennedy School of Government, is designed to teach the
importance of joint planning among civil (both governmental and nongovernmental) agencies and
military organizations.
Joint planning requires working from a common framework, which has not traditionally been the case.
The Executive Program works on negotiation skills to enhance cooperation and coordination among
groups with different cultures and values, and focuses on issues of transparency, consensus-building
leadership, and teamwork. The centerpiece of the program is a five-day rolling scenario based on a
complex real-world situation. By engaging the participants in active role playing, the scenario gives
them a common experience as they explore and reflect on the process of interorganizational planning
in a complex conflict intervention. Over the course of the program, the participants are able to
practice skills in joint operational planning, negotiation, mediation, cooperative team building, and
crisis management.
International conflict intervention, in the post-cold-war era, always involves a variety of actors: civilian
and military, national governments, international agencies, and nongovernmental organizations.
Cultural, ideological, and operational distinctions among these organizations can impede cooperation
and reduce the effectiveness of each. It is imperative that these actors learn to plan and work
together in order for any intervention to be successful. Participants in the program therefore include
upper and middle-level staff involved in conflict intervention from all the relevant intervening
      Managing International Business Relationships

In addition to her work with graduate students, Chayes, together with Professor Jeswald W. Salacuse
of the Fletcher School of Law and Diplomacy at Tufts University, heads the teaching team for
"Managing International Business Relationships." The two-day program is directed at corporate
executives who are responsible for negotiating and managing transnational business relationships.
The design of the curriculum for this project has resulted in the writing of several new cases that are
available to other faculty through the PON Clearinghouse.
Among the faculty who teach or make presentations at this executive program are Professors
Marjorie Corman Aaron, University of Cincinnati College of Law and former Executive Director of
PON; Michael Watkins of the Harvard Business School; Jeffrey Sachs of the Kennedy School;
William Alford of the Harvard Law School; Jorge Domingues, Jeffrey Freiden, and Roderick
MacFarquar of the Faculty of Arts and Sciences; and other distinguished international government
officials and business leaders, such as George David, CEO of United Technologies Corporation.

      Effective Negotiation in an Era of Rapid Change

Global interdependence has increased the necessary transactions among governments, private
enterprises, and international organizations. Negotiation, facilitation, and the ability to prevent
disputes are essential skills in this rapidly changing and complex global environment. To teach these
skills, Chayes and Chayes developed an executive program, "Effective Negotiation in an Era of Rapid
Change," now offered in conjunction with the Kennedy School, Conflict Management Group, and the
University of Singapore. Participants gain a conceptual framework to prepare for and conduct
negotiations, improve their ability to prevent and resolve disputes, and increase the return on a
negotiated agreement.
This intensive training workshop is designed to provide cutting-edge negotiation skills for senior
officials in the public or the private sector. Participants include senior corporate executives, senior
members and partners of law firms, senior government officials, members of the diplomatic corps,
and senior decision makers at universities. The pilot course, held in Singapore in April 1999, was a
great success, and subsequent courses continue to take place annually at the National University of
Singapore and elsewhere in Asia.

      Affiliated Faculty

Eileen Babbitt
Fletcher School of Law and Diplomacy
Tufts University
Diana Chigas
Conflict Management Group
Fletcher School of Law and Diplomacy
Tufts University
Brian Mandell
Kennedy School of Government
Harvard University
Martha Minow
Harvard Law School
Jeswald W. Salacuse
Fletcher School of Law and Diplomacy
Tufts University
Sarah Sewall
Kennedy School of GovernmentHarvard University
Lauren E. Guth
Project on the Psychological Processes of Negotiation                                            TOP

Max H. Bazerman
The role of psychological processes in negotiation has been an important part of the history of PON.
The late Professor Jeffrey Z. Rubin, Executive Director of PON from 1986-1991, headed this project.
Important work was done on misperceptions in negotiation, escalation of conflict, entrapment, and
psychological aspects of culture in negotiation.
Psychological processes remain at the core of activities of PON. Professor Max H. Bazerman, the
Jesse Isador Straus Professor at the Harvard Business School, is a member of the executive
committee of PON, and heads the Project on the Psychological Processes of Negotiation.
The Project on the Psychological Processes of Negotiation focuses on the role of psychology in
negotiation. The research varies from basic research conducted in the laboratory to critical conflict
issues that analyze corporate failures such as Enron and why the U.S. government missed many of
the clues that could have prevented 9/11.
In the fall of 2004, HBS Press will publish Bazerman and Michael Watkins’ book Predictable
Surprises, which emphasizes psychological processes as one of the reasons that organizations so
often fail to act before it is too late.
Bazerman also works with Mahzarin Banaji, Dolly Chugh, Eugene Caruso, and Nick Epley on a series
of papers dealing with the psychology of how people engage in unethical practices in negotiation
without      their    own       awareness.   Details       of   this   work    can    be     found    at
Iris Bohnet, associate professor of public policy and faculty chair of the Kennedy School of
Government's Women and Public Policy Program at Harvard, conducts research on trust in
negotiation. In joint work with Yael Baytelman and Steffen Huck, supported by PON, she shows that
institutions inducing deterrence-based trust undermine people’s intrinsic motivation to trust others—a
motivation crucially important for reaching integrative deals. With Kessely Hong and Richard
Zeckhauser, she examines how demographic characteristics such as culture (focusing on differences
between the Western and Islamic worlds), gender, ethnicity, religion, and age—or more generally,
status—influence        trust.      For  more      information      on   this   work,     please    see
Dolly Chugh is a Ph.D. candidate in the joint program in Organizational Behavior and Social
Psychology at Harvard University. Dolly’s current research focuses on the psychological constraints
on the quality of decision-making with ethical import, a phenomenon known as “bounded ethicality”
(Chugh, Banaji, and Bazerman, 2005). As part of this work, Dolly is interested in the “stereotype tax”
(Chugh, 2004), the practical costs borne by holders (as opposed to targets) of implicit (unintended)
racial bias. She is particularly interested in how these psychological processes influence important
managerial activities, such as negotiations, particularly under the time-pressured and uncertainty-
laden conditions of organizational life. More information about her work can be found at
Jared R. Curhan, the Mitsui Career Development Chair and assistant professor of organization
studies at the MIT Sloan School of Management, has pioneered a social psychological approach to
the study of “subjective value” in negotiation (i.e., feelings and judgments concerning the instrumental
outcome, the process, the self, and the relationship). Using the “Subjective Value Inventory” (SVI),
Curhan’s research examines precursors, processes, and long-term effects of subjective value in
Deepak Malhotra, assistant professor at Harvard Business School, conducts research on issues
related to trust and reciprocity. Recent publications examine the detrimental effects of contracts on
trust, the factors which influence reciprocity decisions, the impact of dependence on trust decisions,
and how the differing perspectives of trustors and trusted parties leads to sub-optimal decision
making. A second stream of research relates to escalation of conflict and “competitive arousal” in
strategic interactions. This research examines how interaction opportunities that prima facie promise
mutual gains can in fact result in an unforeseen escalation of conflict and a loss for everyone
involved. This research primarily explores the cognitive, motivational, and affective underpinnings of
competitive arousal, or “the overwhelming desire to win at any cost,” that can influence decision-
making by individuals in competitive situations. A third stream of research looks at issues of conflict
resolution in the context of international and ethno-political conflict. Current projects include
examinations of trust and cooperation between Jewish and Arab Israelis, Israeli and Palestinian
attitudes towards the Geneva Accords, the impact of “peace camps” on attitudes in Sri Lanka, and the
paradoxical impact of militant extremism on the prospects for negotiation in the context of protracted
ethnic conflict.
Kathleen McGinn, the Cahners-Rabb Professor of Business Administration at Harvard Business
School, studies interpersonal relationships and their role in negotiations, decisions, and conflict within
and between organizations. She is currently studying the role that interpersonal ties play in two very
different settings: on U.S. West Coast ports as new technology fundamentally changes the
employment relationship between Pacific Maritime companies and the Pacific longshoremen, and,
with Hannah Riley Bowles of the Kennedy School of Government, on women in leadership positions
in public, corporate, and entrepreneurial organizations as they negotiate for and claim authority.
Jeff Polzer is an associate professor of organizational behavior at Harvard Business School. His
research explores how group affiliations affect people’s decisions, perceptions, and social
interactions, especially in diverse work teams. In a recent project, he and his coauthors explored how
the congruence between people’s self-views and their team members’ appraisals allowed them to
capitalize on their differences to enhance team effectiveness. He is now extending this research into
domains in which 360-degree feedback can be utilized for team development.
Hannah Riley Bowles, assistant professor of public policy at Harvard’s Kennedy School of
Government, conducts research on when gender differences arise in negotiation and on how people
negotiate for resources and opportunities for leadership.
New developments from the Project on Psychological Processes of Negotiation are featured regularly
in the PON Negotiation newsletter, particularly in the "Mind of the Negotiator" column.

       Affiliated Scholars

Max H. Bazerman, Jesse Isador Straus Professor at the Harvard Business School.

Iris Bohnet, associate professor of public policy and faculty chair of the Women and Public Policy
Program at the Harvard University Kennedy School of Government

Dolly Chugh, Ph.D. candidate in the joint program in Organizational Behavior and Social Psychology
at Harvard University

Jared R. Curhan, Mitsui Career Development Chair and assistant professor of organization studies at
the MIT Sloan School of Management

Deepak Malhotra, assistant professor at Harvard Business School

Kathleen McGinn, Cahners-Rabb Professor of Business Administration at Harvard Business School

Jeff Polzer, associate professor of organizational behavior at Harvard Business School

Hannah Riley Bowles, assistant professor of public policy at the Harvard University Kennedy School
of Government
Education                                                                                     TOP

The Program on Negotiation offers diverse learning opportunities to students and professionals in
law, dispute resolution, education, business, and diplomacy, among other fields. Information about
programs, grants, teaching materials, and courses at the consortium schools is summarized here.

PON Seminars are semester-length courses on negotiation and mediation for participants from all
disciplines and professions.

Executive Education Seminars are short courses on a variety of topics that train professionals to
become more successful negotiators.

PON offers support for Graduate Research Fellows and visiting scholars.

Next Generation Grants support research in negotiation by non-tenured faculty and doctoral students
within the interuniversity consortium.

The Dispute Resolution Forum is a monthly event for professionals, practitioners, scholars, and
students to meet, share information, and learn about a wide range of topics.

The Clearinghouse, PON's resource center for negotiation education, offers a wide range of teaching
materials, including books, role simulations, videos, curricula, and working papers.

The on-line Dispute Resolution Directory lists current academic opportunities and internships in the
Boston area that focus on alternative dispute resolution.

The Program of Instruction for Lawyers at Harvard Law School offers weeklong training workshops to
improve negotiation and mediation skills.

The Harvard Mediation Program is a student practice organization and clinical program providing
training and experience in mediation primarily to students of Harvard Law School. It serves the
greater Boston community by providing volunteer mediators in six district courts, resulting in almost
400 mediated cases per year.

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