“Designing Systems and Processes for Managing Disputes” (Wolters Kluwer, 2013), co-written by Clinical Professor Robert C. Bordone ’97, Professor Emeritus Frank E.A. Sander ’52, Nancy H. Rogers, and Craig A. McEwen, is the first course book of its kind offering a multidisciplinary and skill-based guide to designing and implementing alternative dispute resolution systems.
This past January, three students from Harvard Law School’s Negotiation and Mediation Clinical Program traveled to Chile to investigate the Ministry of Justice’s neighborhood multi-door courthouse pilot program.
“Late Justice is not Justice, but manifest injustice,” wrote Ruy Barbosa de Oliveira (1849-1923), perhaps the most prominent jurist and statesman in the history of Brazil. I was struck by these words during my first year of law school in São Paulo.
Imagine for a moment a lawsuit involving, as so many of them do, a dispute over accounting practices. Now add some complex questions of federal jurisdiction and procedure. Then assume that the parties decide—wisely—to settle. As the saying goes, “Who you gonna call?”
When I first began to work with Frank Sander ’52 as a 3L at Harvard Law School in 1997, I realized that when it came to finding a mentor in alternative dispute resolution, I had struck gold.
Frank E.A. Sander ’52 had nearly two decades under his belt teaching tax and family law at HLS when Chief Justice Warren Burger tapped him to present a paper on alternative dispute resolution 29 years ago.
This spring former U.S. Senator George Mitchell, who chaired the Northern Ireland peace negotiations that led to the “Good Friday Agreement” of 1998, received the Great Negotiator Award from the HLS Program on Negotiation (PON). Professor Robert Mnookin ’68, chair of the steering committee of PON, praised Mitchell for exemplifying the qualities of “preparedness, […]