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<xTITLE>Negotiation Advice From An International Arbitrator</xTITLE>

Negotiation Advice From An International Arbitrator

by Andrea Schneider
October 2010

From the ADR Prof blog

Andrea  Schneider

Last week, I was delighted to welcome Lucy Reed, a partner at Freshfields Bruckhaus Deringer and co-chair of their international arbitration group as our inaugural speaker for our speakers series on Gender & Negotiation, funded by the University Centennial Celebration Fund to celebrate 100 years of women at Marquette. Lucy has an amazing background in both the private and public sector. She has served as a Commissioner of the Ethiopia-Eritrea Claims Commission and co-director of the Claims Resolution Tribunal for Dormant Accounts in Switzerland. She was the U.S. Agent to the Iran-US Claims Tribunal and also general counsel of the Korean Pennisula Energy Development Organization (the organization negotiating with North Korea over its nuclear plants.) Her private sector work currently focuses on investment treaty arbitrations and other public international law disputes.

So, to say the least, students were captivated with her stories of negotiating both with the Iranians and North Koreans as well as her insight as to how gender did, or did not, play a role in her numerous cross-cultural negotiations. For example, she spoke of how the Iranians were more concerned with her authority (and apparently her height as a “tall woman”) than her gender. On the other hand, the North Koreans needed to see her be tough (and she noted that this required some significant acting on her ability since she normally does not raise her voice and threaten to walk out) before taking her seriously. Having just written on the interesting interplay of gender and culture in a book chapter with Sandy Cheldelin and Deborah Kolb, I found this particularly insightful. Lucy also discussed how important it is to avoid getting caught up in the trivial issues that are unimportant and can hinder a negotiation –such as who gets to take credit for the final resolution–and help move the parties along. She hypothesized that this willingness to share credit might also be gender-related but, in this case, served her with much success over the course of her career.

Additionally, Lucy also spoke about investment arbitration and the potential to add mediation as a process choice given to states and individuals. In my post last April about the conference at Washington & Lee, I’ve discussed this at length and no doubt will be returning to it.

Biography


Before Andrea Kupfer Schneider even knew or understood the words negotiation or mediation, she figured a way to outsource her chores to her younger brother by paying him a part of her allowance.  Not a new trick, but noteworthy that she hit upon the idea naturally. Such is the somewhat tainted beginnings of what would become a notable career as a professor and prolific writer in the disciplines of legal practice, deal making and conflict management. Only many years later, having obtained her A.B. degree from the Woodrow Wilson School of International Affairs and Public Policy at Princeton University, and her J.D. cum laude from Harvard Law School, and studying with Roger Fisher and others associated with the Negotiation Project, did her interest and passion for understanding how people deal with difficult issues and make decisions begin to gel. And afterwards, she enhanced the breadth of her perspective with study and a postgraduate Diploma from the Academy of European Law in Florence, Italy. She joined the faculty of Marquette University Law School in 1996, where she continues to teach ADR, Negotiation, Ethics, and International Conflict Resolution and is the Director of the nationally ranked Dispute Resolution Program.

Andrea’s writing reflects an integrated perspective of the importance of negotiation and mediation that is not bounded to one or a few particular disciplines.  She is either an author, co-author, co-editor, or contributor to   numerous books, texts and articles in the field of dispute resolution, including: the forthcoming Negotiation Essentials for Lawyers (ABA 2019) building on the two volume Negotiator’s Desk Reference and, earlier, The Negotiator's Fieldbook all with Christopher Honeyman; Negotiation: Processes For Problem-Solving and Mediation: Practice, Policy & Ethics, and Dispute Resolution: Beyond The Adversarial Model with Carrie Menkel-Meadow, Lela Love & Jean Sternlight; and co-author of two books with Roger Fisher, Beyond Machiavelli: Tools For Coping With Conflict and Coping With International Conflict. And beyond practice theory, strategies and techniques, she also explored the frequently overlooked presence of negotiative process in every part of our society; her book, Creating The Musee d’Orsay:  The Politics of Culture in France, explores the place of negotiation and politics in art and architecture, and her most recent book, Smart & Savvy: Negotiation Strategies in Academia, written with her father David Kupfer, a researcher and emeritus professor of psychiatry, as the title suggests, explores the necessity for negotiation in an arena that is not  easily or openly admitting of the need for such skills.  Andrea has also published numerous articles on negotiation, ethics, pedagogy, gender and international conflict and currently serves as the co-chair of the editorial board of the ABA Dispute Resolution Magazine.    She is a founding editor of Indisputably, the blog for ADR law faculty and the 2017 recipient of the ABA Section of Dispute Resolution Award for Outstanding Scholarly Work, among other awards. All of this is capped off with her 2016 TEDx talk entitled Women Don’t Negotiate and Other Similar Nonsense.

Her range and scope of interest in how negotiative work can be done more effectively not only in legal practice but in the surrounding politics and culture of our society makes her perspective all the more valuable.



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