Designing Systems and Processes for Managing Disputes, Second Edition

Frank E.A. Sander

E.A. Sander, A.B. (Mathematics), LL.B., Harvard University, who passed away in 2018, was a Bussey Professor of Law, Emeritus, at Harvard Law School. Professor Sander came to the Harvard Law School faculty in 1959 after clerking with Justice Frankfurter and several years of practice, including two years with the Tax Division, U.S. Department of Justice. A scholar in taxation and family law in his early teaching years, he more recently taught an overview course in Alternative Dispute Resolution as well as courses on Negotiation and Mediation and co-taught readings on Dispute System Design. For many years, he served as Associate Dean and as co-director of the Harvard Program on Dispute Resolution.
Chief Justice Warren Burger invited Professor Sander to deliver a paper on alternative dispute resolution at the Pound Conference in 1976, where he presented a concept that has since been called the &"multi-door courthouse.” Professor Sander is the co-author of Dispute Resolution: Negotiation, Mediation, Arbitration and Other Processes, now in a sixth edition. His co-authored article, &"Fitting the Forum to the Fuss,” in 1994 sounded a theme that is repeated in Designing Systems and Processes for Managing Disputes.
Professor Sander served for fourteen years on the ABA Standing Committee on Dispute Resolution, including three years as Chair, and an even longer period as Chair of the Editorial Board of the ABA Section on Dispute Resolution’s Dispute Resolution Magazine. The American Bar Association honored Professor Sander with its Kutak Award, and the ABA Section on Dispute Resolution gave him the D’Alemberte-Raven Award and the Outstanding Scholarly Work Award, named an annual lecture series for him, and devoted a recent issue of its Dispute Resolution Magazine to honoring him. Professor Sander has also received awards for her contributions to dispute resolution from the American Arbitration Association (Whitney North Seymour, Sr. Award), the International Academy of Mediators (Lifetime Achievement Award), and the International Institute for Conflict Prevention and Resol

Robert C. Bordone

ROBERT C. BORDONE is the Thaddeus R. Beal Clinical Professor of Law at Harvard Law School and the founding Director of the Harvard Negotiation & Mediation Clinical Program. He teaches several courses at Harvard Law School including the school’s flagship Negotiation Workshop. Professor Bordone also teaches in the Harvard Negotiation Institute and the Harvard Program on Negotiation’s Senior Executive Education seminars. From 2001 through 2005 he was an Adjunct Professor of Law at Georgetown University Law Center. In 2006–2007 he was a Visiting Assistant Professor of Law at Georgetown University Law Center.

In 2007, Professor Bordone received The Albert Sacks-Paul Freund Teaching Award at Harvard Law School, presented annually to a member of the Harvard Law School faculty for teaching excellence, mentorship of students, and general contributions to the life of the Law School. In 2010 the International Institute for Conflict Prevention and Resolution (CPR) awarded Professor Bordone its Problem Solving in the Law School Curriculum Award for his innovative work in creating and building the Harvard Negotiation & Mediation Clinical Program. In 2012, he was selected by the graduating class as one of two Harvard Law School faculty members to deliver a &"Last Lecture” to the class prior to graduation.

His research interests include the design and implementation of dispute resolution systems, the development of a problem-solving curriculum in law schools, and ADR ethics. Along with Nancy Rogers, Frank Sander, and Craig McEwen, Professor Bordone is the co-author of Designing Systems and Processes for Managing Disputes (Aspen, 2013). He is also the co-editor of The Handbook of Dispute Resolution (Jossey-Bass, 2005), recipient of the 2005 Book Award from the National Institute for Advanced Conflict Resolution, awarded to a book published in the United States that shows the best promise of promoting and contributing to the field of conflict resolution. He has also authored articles in leading dispute resolution journals including the HARVARD NEGOTIATION LAW REVIEW, the OHIO STATE JOURNAL ON DISPUTE RESOLUTION, NEGOTIATION, and NEGOTIATION JOURNAL. Professor Bordone’s writing and commentary have appeared in various print and broadcast media outlets including THE BOSTON GLOBE, THE WASHINGTON POST, THE LOS ANGELES TIMES, THE CHICAGO TRIBUNE, CNN’S Situation Room, and BBC Radio. In addition he has created many negotiation role simulations and videos available through the Harvard Program on Negotiation Clearinghouse, http://www.pon.org and the Harvard Case Studies Project at http://casestudies.law.harvard.edu.

Professor Bordone is the Associate Editor of the Negotiation Journal and a member of its Editorial Advisory Board, a member of the advisory board of the Harvard Mediation Program, and a member of the Program on Negotiation Executive Committee. In addition, he serves on the Board of Visitors for the William Jewett Tucker Foundation at Dartmouth College.

Prior to coming to Harvard, Professor Bordone clerked for the Honorable George A. O’Toole, Jr. of the United States District Court for Massachusetts. He has also worked at the Washington D.C.-based law firm of Crowell & Moring, the New York-based law firm of Cravath, Swaine, & Moore, the CBS Evening News with Dan Rather, the U.S. Senate Committee on the Judiciary, the U.S. Department of Justice, and the Boston Consulting Group.

Nancy H. Rogers

Nancy H. Rogers, B.A., University of Kansas; J.D. Yale Law School, is Professor Emeritus and Emeritus Michael E. Moritz Chair in Alternative Dispute Resolution at the Ohio State University Moritz College of Law. Since joining the Moritz faculty, she has served as Ohio Attorney General, Dean of the Moritz College of Law, Vice Provost for Academic Administration of The Ohio State University, Visiting Professor of Law at Harvard Law School, and Associate Dean for Academic Affairs for Moritz. Teaching civil procedure and evidence in her early teaching years, she has taught more recently in the dispute resolution area, including courses in Dispute System Design, Mediation, Negotiation, Dispute Resolution, and Facilitation. Prior to joining the faculty, she was a law clerk for U.S. District Judge Thomas D. Lambros in Cleveland and practiced law in the Glenville-area office of the Cleveland Legal Aid Society.
Professor Rogers’ co-authored treatise on mediation received the CPR Legal Program Book Prize in 1989 and her co-authored short text on mediation received the same national prize in 1987. She is also a co-author of Dispute Resolution: Negotiation, Mediation, Arbitration, and Other Processes, now in its sixth edition.
Professor Rogers was a member of the ABA Standing Committee on Dispute Resolution and served as chair for two years. She was President of the Association of American Law Schools in 2007 and was a member of its Executive Committee for five years. She was a member of the National Conference of Commissioners of Uniform State Laws for seven years and was Reporter for the Conference’s Uniform Mediation Act. Professor Rogers receive awards for her dispute resolution work from the American Bar Association Section on Dispute Resolution (D’Alemberte-Raven Award) and the American Arbitration Association (Whitney North Seymour, Sr. Medal). American Arbitration Association (Whitney North Seymour, Sr. Medal).

Craig A. McEwen

Craig McEwen is Daniel B. Fayerweather Professor of Political Economy and Sociology Emeritus at Bowdoin College where he taught from 1975 to 2012. A 1967 graduate of Oberlin College, he earned his PhD in sociology at Harvard University in 1975.

His early research examined community corrections in comparison to traditional incarceration for juveniles and resulted in a book, Designing Correctional Organizations for Youths. Over the next 25 years his research and commentary focused largely on mediation programs -- small claims, community, corporate, family and general civil – and has been published widely in law reviews, social science journals and professional magazines. He is co-author of the treatise Mediation: Law, Policy, Practice (with Sarah Cole, Nancy Rogers, James Coben, and Peter N. Thompson). He also co-authored with Lynn Mather and Richard Maiman an empirical study of Divorce Lawyers at Work: Varieties of Professionalism in Practice.

At Bowdoin he served as Dean for Academic Affairs from 1999 to 2006. In 1991 he was Drinko Distinguished Visiting Professor at The Ohio State University’s Moritz College of Law. In the early 1980’s he mediated small claims and divorce cases for Maine’s Court Mediation Service. He has been a member and chair of the Grievance Commission of the Maine Board of Overseers of the Bar, a member of the Board of Overseers, and chaired Maine’s Committee on Judicial Responsibility and Disability.