Israel Reflections: Dinner with the Baraks


by Andrea Schneider

April 2011

Andrea  Schneider

As followers of the blog know, one of the high points of our trip to Israel was dinner with Justice Aharon Barak and his wife Judge Elika Barak. We were also joined by their daughter, Tamar, who is a mediator. Interestingly from the dispute resolution perspective, Justice Barak was the judge who brought mediation to Israel through the Supreme Court, permitting cases to be referred to mediation. In this post, student Olga Kordonskaya reflects on the evening:

 

The Baraks were open and willing to discuss various topics, including dispute resolution and their professions. Justice Barak spoke about criticisms made of him and discussed them in various contexts to help us understand what role he saw for himself in the judiciary. Justice Barak, brought mediation to Israel and shared his opinions on mediation, its role in Israel and as a vehicle of dispute resolution. Judge Barak, with a different perspective as a labor judge, discussed the role of mediation in the labor courts, as well as her experience as a judge there, the challenges that the labor courts face. Their daughter talked about the challenges of being a full time mediator in a country where most mediators hold other jobs because there is not enough work, about her approach to mediation and value of different approaches. In this conversation we have had a chance to learn about dispute resolution, to better understand the court structure and the challenges that structure is posing, as well as potential solutions. We also considered what it means to bring a constitutional question in a country with no formal constitution. It was a pleasure being a guest in their home and having a chance to speak with people whose perspective on dispute resolution in general and alternative dispute resolution specifically comes from varies backgrounds. Additionally, it was humbling to have such access to a family that is so essential to the country’s dispute reolution development.



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Biography




Andrea joined the faculty of Marquette Law School in 1996 where she teaches ADR, Negotiation, International Law, International Conflict Resolution and Art Law. She also helps to run the nationally-ranked ADR program at Marquette Law School. Prior to joining Marquette, Professor Schneider was Visiting Professor of Political Science and International Affairs at the Elliot School of International Affairs at George Washington University as well as an Associate at Arent Fox in Washington, D.C. where she specialized in international corporate transactions. Professor Schneider has also served as a lecturer at Stanford Law School and a Teaching Fellow at Harvard Law School.

Professor Schneider is a co-author of the just published Dispute Resolution: Beyond the Adversarial Model (Aspen, 2004 with Carrie Menkel-Meadow, Lela Love & Jean Sternlight) as well as a co-author of two additional books on negotiation with Roger Fisher, Beyond Machiavelli: Tools for Coping with Conflict and Coping with International Conflict. She is also the author of Creating the Musée d'Orsay: The Politics of Culture in France. Professor Schneider has published numerous articles on negotiation and international law including articles in the Harvard Negotiation Law Review, Conflict Resolution Quarterly, Michigan Journal of International Law, University of Pennsylvania Journal of International Economic Law and the Negotiation Journal.

In 2000, she was given an Outstanding Achievement Award by the American College of Civil Trial Mediators for her work as the national coordinator for the ABA Law Student Representation in Mediation Competition. Professor Schneider regularly conducts negotiation and mediation trainings for law firms, bar associations, court systems and companies around the country. Past clients include Oracle, MCI, the Smithsonian Institution, and the American Association of ADR Attorneys. She also currently serves at the co-chair of the ABA Task Force on Mediator Credentialing.

Professor Schneider received her A.B. cum laude from the Woodrow Wilson School of International Affairs and Public Policy at Princeton University and her J.D. cum laude from Harvard Law School. She also received a Diploma from the Academy of European Law in Florence, Italy.



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