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Hidden Concepts in Negotiation: What You Never Learned in Law School

Level: Advanced
Runtime: 61 minutes
Recorded Date: December 18, 2019
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  • Social Intuition
  • The Uses of Ambiguity
  • Thinking Ahead: Conflict Prevention/Mitigation
Runtime: 1 hour
Recorded: December 18, 2019


Andrea Schneider and Chris Honeyman, two well respected teachers of dispute resolution and editors of the new Negotiation Essentials for Lawyers (ABA, 2019) share some practical and yet less well known tips to mediating and negotiating more effectively. Even experienced negotiators may focus almost exclusively on building, in essence, the basic negotiation skills.

This program was recorded on December 18th, 2019.

Provided By

American Bar Association
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Andrea K. Schneider

Professor of Law
Marquette University Law School

Professor Schneider joined the faculty of Marquette University Law School in 1996. She teaches ADR, Negotiation, Ethics, and International Conflict Resolution. She is the inaugural director of the Institute for Women’s Leadership at Marquette University and also serves as the Director of the nationally ranked ADR program at Marquette University Law School.

Professor Schneider is the author or co-author of numerous books and book chapters in the field of dispute resolution. Her most recently published works include Negotiating Crime: Plea Bargaining, Problem Solving and Dispute Resolution in the Criminal Context with Cynthia Alkon (Carolina Academic Press 2019) and Negotiation Essentials for Lawyers (ABA Publishing, 2019) and The Negotiator’s Desk Reference (DRI Press 2017) both co-edited with Chris Honeyman. Another recent book, which she co-authored with her father David Kupfer, is Smart & Savvy: Negotiation Strategies in Academia (Meadows Communication 2017). Her textbooks include Dispute Resolution: Examples and Explanations (Aspen 2009, 2nd ed. 2011, 3rd ed. 2014) with Michael Moffitt as well as Negotiation: Processes For Problem-Solving (Aspen 2006, 2nd ed. 2014), Mediation: Practice, Policy & Ethics (Aspen 2006, 2nd ed. 2013) and Dispute Resolution: Beyond The Adversarial Model (Aspen 2005, 2nd ed. 2011, 3rd ed 2019), with Carrie Menkel-Meadow, Lela Love & Michael Moffitt. She also is a co-author of two additional books on negotiation with Roger Fisher, Beyond Machiavelli: Tools for Coping with Conflict (Harvard University Press 1994) and Coping with International Conflict (Prentice-Hall 1997). Professor Schneider also wrote Creating the Musee The Politics of Culture in France (Penn State Press, 1998). Professor Schneider has published numerous articles on negotiation, pedagogy, ethics, gender and international conflict. She currently serves as the co-editor of the ABA Dispute Resolution Magazine and on the Board of Advisors for the Saltman Center for Conflict Resolution at UNLV School of Law.

In 2009, Professor Schneider was awarded the Woman of the Year Award given by the Wisconsin Law Journal and the Association for Women Lawyers. In 2000, Professor Schneider 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. She is a founding editor of Indisputably, the blog for ADR law faculty and started the Dispute Resolution Works-in-Progress annual conferences in 2007. In 2016, she gave her first TEDx talk entitled Women Don’t Negotiate and Other Similar Nonsense. She was named the 2017 recipient of the ABA Section of Dispute Resolution Award for Outstanding Scholarly Work.

Professor Schneider gives negotiation trainings around the world to corporations, law firms, court systems, and, most recently, has focused on faculty in the STEM and medical fields for which she has now received federal grants for software development and training. Recent clients include American College of Neuropsychopharmacology, Career Development Institute for Psychiatry, Continental Properties, Harley-Davidson, Johnson Controls, Medical College of Wisconsin, Sargento and WEC Energy Group.

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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Christopher Honeyman

Managing Partner
Convenor Conflict Management

?Chris Honeyman (Managing Partner) has served as a consultant to numerous academic and practical conflict resolution programs in the U.S. and abroad, and as a mediator, arbitrator and in other neutral capacities in more than 2,000 disputes since the 1970s.

He has served since 2003 as co-director of the Canon of Negotiation Initiative, an effort to find the essential sources of understanding of negotiation among more than 30 contributing fields, and to make them understandable and coherent to people with other specialties. From 2007-2013 he served as co-director of Rethinking Negotiation Teaching, a major project to revamp the content and methods of negotiation teaching worldwide. From 2004-2009 he served as lead external consultant to ADR Center (Rome), the largest dispute resolution firm in continental Europe, with a particular focus on design of ADR Center's multinational projects in Europe, the Middle East, Africa and the Caribbean. From 2004-2008 he served as evaluator to a team of six U.S. and European law schools, funded by the U.S. Department of Education and the E.U.'s equivalent agency to design better methods of aligning American and European teaching of negotiation and other forms of ADR. And from 1990-2006 he was director of an extensive succession of Hewlett Foundation-funded research-and-development programs, of national or international scale, including Broad Field (2002-2005), Theory to Practice (1997-2002) and the Test Design Project (1990-1995.)

Chris is co-editor of the new Negotiation Essentials for Lawyers (ABA 2019), the two-volume Negotiator's Desk Reference (2017, DRI Press), the four-volume Rethinking Negotiation Teaching series (DRI Press 2009, 2010, 2012, 2013) and The Negotiator's Fieldbook (ABA 2006.) He is also author or co-author of more than 100 published articles, book chapters and monographs on dispute resolution ideas, infrastructure, quality control and ethics. He has held a variety of committee and advisory roles for the ABA and other organizations.

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Joan Stearns Johnsen

Senior Legal Skills Professor
University of Florida Levin College of Law

Joan Stearns Johnsen specializes in Alternative Dispute Resolution related skills including negotiation, mediation, and arbitration. Professor Johnsen also coaches the International Commercial Arbitration Moot Court Competition Team.

Prior to joining the faculty of the Levin College of Law, Professor Johnsen practiced full time as a commercial neutral mediating and arbitrating complex commercial, financial, and employment matters. She continues to mediate and arbitrate and is on the panel of the American Arbitration Association, is a Distinguished Neutral for the International Center of Conflict Prevention and Resolution (“CPR”), is a Fellow of the Chartered Institute of Arbitrators, (“FIArb”), and is certified by the International Mediation Institute, (“IMI”).

Professor Johnsen began her career as a litigator for the Commodity Futures Trading Commission in Washington, D.C. and for Smith Barney in New York. Professor Johnsen was also the Associate General Counsel of the Commodity Exchange, Inc. (COMEX) in New York.

Professor Johnsen is active in the leadership of the American Bar Association. She is the current Chair-Elect of the Section of Dispute Resolution and is the co-chair of the Mediation Sub-Committee of the ADR Committee of the Litigation Section. Professor Johnsen is also an academic board member of the Miami International Arbitration Society and a member of the New York State Mediator Ethics Advisory Committee.

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