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<xTITLE>Yes, Make them Negotiate</xTITLE>

Yes, Make them Negotiate

by Andrea Schneider
September 2015

Indisputably

Andrea  Schneider
Hi all–just a quick follow up to circle back on my proposal to have my 70 students negotiate the parameters of their ADR class.  I posted here on that proposal (and have written here about the idea).  So…drumroll please…it was great!  They all negotiated and the group reached agreement.  Here are the benefits I’ve seen so far:  First, they have all bought into the on-call system (which ended up being on-call with notice) and that makes me much more comfortable to use it.  Second, even though they all wanted laptops (as many of you warned me), because of the debate, they did discuss the downsides.  So then, when I banned them as I could per the rules (I retained a veto over one of three decisions), they understood for themselves why I was doing that.  Finally, watching others negotiate for them was a great frame for the next chapter on the role of a lawyer as problem-solver.  It gave actual experience to the idea of an agent negotiating on your own behalf, potential concerns and tensions with that, as well as the advantages of having an agent.   Completely worthwhile and will now make this a first-day-of-class standard.  Thanks to those of you, and Cynthia Alkon in particular,  who pushed doing this!

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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