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ADR Speaker Series
January 24, 2023 @ 12:00 pm - 1:30 pm
Presented by The Mediation Society and The Center for Negotiation and Dispute Resolution at UC Law San Francisco
Bargaining with the Devil… to End Putin’s War
Robert H. Mnookin
Williston Professor of Law
Director, Harvard Negotiation Research Project
Harvard Law School
Tuesday, January 24, 2023
12:00 – 1:30 PM PST
Via Zoom
Most mediators, at some point in their career, are confronted with a party who is truly a “bad actor” – evil, even. The party’s conduct may be an element not only in the dispute which is the subject of the mediation, but also in the positions taken and the tactics employed by the party in the mediation. How do we as mediators respond to such a party and manage such a mediation, perhaps even successfully facilitate a resolution of the dispute?
Robert H. Mnookin, Williston Professor of Law at Harvard Law School, wrote an acclaimed book on this subject published in 2010 entitled Bargaining with the Devil: When to Negotiate, When to Fight. Since then, “bad actors” seem only to have proliferated, globally and throughout society, and some of the tactics the most famous of them have employed, facilitated by social media and other developments in media and communication, have been adopted by lesser figures, including parties in our mediations.
How do we recognize such a party, identify the tactics being employed, and assess what forces of persuasion may be brought to bear to blunt them, and to engage and make progress with such a party? How do we maintain our neutrality and professional detachment when our own values as individuals may be deeply offended? How do we assist the other parties in choosing a path through the circumstances in which they find themselves?
We are extremely fortunate to have Professor Mnookin, a long-renowned authority on negotiation and mediation of international stature in the field, speak on these and other issues, both referencing the principles and insights of his earlier book and analyzing new challenges in the world today and the adjustments mediators may be required to make in order to meet them. In particular, as illustration, he will discuss the challenge of neutralizing, and bringing an end to, Putin and his war of aggression on Ukraine.
Please join us for this unique, important, and timely program.
MCLE credit available for an additional fee.
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