Negotiation Tips: Listening Skills for Dealing with Difficult People, Power in Negotiation: Examples of Being Overly Committed to the Deal, MESO Negotiation: The Benefits of Making Multiple Equivalent Simultaneous Offers in Business Negotiations, Try a Contingent Contract if You Cant Agree on What Will Happen, The Winners Curse: Avoid This Common Trap in Auctions, Patience is a Winning Negotiation Skill for Getting What You Want at the Negotiation Table, Choose the Right Dispute Resolution Process, Negotiation Case Studies: Googles Approach to Dispute Resolution, How To Find a Mutually Satisfactory Agreement When Negotiators are Far Apart, Cultural Barriers and Conflict Negotiation Strategies: Apples Apology in China, Diplomatic Negotiations: The Surprising Benefits of Conflict and Teamwork at the Negotiation Table, Dispute Resolution for India and Bangladesh, Cross Cultural Negotiations in International Business: Four Negotiation Tips for Bargaining in China, Famous Negotiators: Tony Blairs 10 Principles to Guide Diplomats in International Conflict Resolution, International Negotiations and Agenda Setting: Controlling the Flow of the Negotiation Process, Leadership Skills in Negotiation: How to Negotiate Equity Incentives with Senior Management, Negotiating with Your Boss: Secure Your Mandate and Authority for External Talks, Negotiation Skills and Bargaining Techniques from Female Executives, Feeling Pressured by a Counterpart? When Try Deal Structuring with Conditions, Dear Negotiation Coach: Finding New Ways to Improve Hiring Practices, How Mediation Can Help Resolve Pro Sports Disputes, Mediation vs Arbitration The Alternative Dispute Resolution Process, Interest-Based Negotiation: In Mediation, Focus on Your Goals. Structure conversations and apply appropriate group facilitation techniques to keep discussions effective. In complicated personal injury cases, where the long-term prognosis of the plaintiff is in doubt, it may be better to wait until after time has passed and discovery has occurred before any meaningful discussions can begin. Draw on the power of silence. This paper advances the position that mandatory mediation in Ontario was not designed as a process where a third party would offer an evaluation of the legal merits of a dispute. Discover more opportunities of using mediation with young learners. Riskin describes these facilitative and evaluative orientations generally as follows: The mediator who evaluates assumes that the participants want and need her to provide some guidance as to the appropriate grounds for settlement based on law, industry practice or technology and that she is qualified to give such guidance by virtue of her training, experience, and objectivity. That means a facilitator isn't there to give opinions, but to draw out opinions and ideas of the group members. Mediators are trained in communication and problem solving skills, which they use to help parties make the best possible decisions about whether and how to resolve their dispute. At heart I'm an explorer of ideas & cultures with a global sense of belonging & citizenship.<br>For the past 10 years I've been coaching new & experienced leaders around the world at Amazon, Cisco, LinkedIn, Salesforce, Samsung, Toyota & Visa, as well as executives at top AI, fintech & sustainability startups in growth mode (US, Malaysia, India). They usually say things like I think you are feeling or In my opinion, you feel. Finally, you can choose to take a break, giving each side a chance to cool down, and move into private sessions with each party. It is always easier to mediate disputes when we know the perspectives of both the parties involved. These two activities require not only different mental processes, techniques and skills, but also require or should require different rules, regulations, guidelines and standards to regulate the mediators and evaluators roles and actions. So at your next mediation meeting, apply some of these mediation techniques and you'll (almost) guarantee a win-win mediation for both parties. A mediation technique for managing emotion in this situation is to be transparent and remind the parties of their ultimate goal: resolution. It differs from disciplinary and grievance procedures by offering a more informal and flexible approach. This question hasn't been solved yet Ottawa counsel were also more likely to talk about a positive active role that they had seen the client taking in mediation, and to suggest a deeper sense of comfort with this. A mediation technique for managing emotion in this situation is to be transparent and remind the parties of their ultimate goal: resolution. We also encourage agency in mediation by inviting the parties to speak up if they have concerns that we arent fulfilling our commitment to being neutral. Negotiation Strategies: Emotional Expression at the Bargaining Table, Cole Cannon Esq. It would further appear that there is a growing trend among some mediators toward a mixed or hybrid form of dispute resolution being used under the rubric of mediation in the Ontario Mediation Program. In Ontario, the statutory framework for mandatory mediation, as well as the guiding principles to which mediators are expected to adhere while fulfilling their role, strongly suggest that facilitative rather than evaluative mediation is the approach to be applied in the court-connected mediation process. It is clear that a fully-informed evaluation can only occur after discovery, or at least after the main facts in dispute have been established or agreed upon. You may appear in more than one city/region by purchasing additional locations. A manager has to try his level best that any personal interests do not affect the job performance of the employees. Set expectations Have the mediator start with a short introduction. These two different responses suggest that while counsel are adapting to the mediation process, they are attempting to re-shape the process into one which occurs at a later stage, where evaluation is more of a possibility, or as sometimes occurs in Toronto, to simply continue with the dominant adversarial model. He should make sure that every employee is fully engaged in doing the tasks on time. The Substance: Rights-Based v. Interest-Based Mediation. In any disagreement, individuals understandably aim to achieve the best possible outcome for their position (. At some stage the mediator may have to intervene to move the discussion to cover real areas of concern. Corporate Training Several results from a recent study of lawyers reactions to mandatory mediation in Ontario are suggestive of an emerging trend among lawyers to attempt to re-shape the interest-based mandatory mediation process into a more familiar adversarial process by encouraging the adoption of a more evaluative style of mediation. There are three main things in which conflicts usually occur. Small business owners and startup owners have countless responsibilities which can make running and managing a small business hard work. I am a former diplomat now Ombuds, SIMI-accredited mediator, and facilitator with 10+ years of public policy, program management, and partnership development experience. Posted October 6th, 2020 by PON Staff & filed under Mediation. Thank the parties for being prepared to mediate. See the table under the section titled 'Elements of It is submitted that evaluation should be offered as a separate form of dispute resolution, and should be clearly labelled, for example as neutral evaluation, rather than as a hybrid form of evaluative mediation, so that all parties know what to expect out of the process. They can also help to increase income and benefits through improved management of natural resources. An interest-based approach focuses on the underlying needs or interests of the parties and encourages a broader range of solutions or resolutions to the dispute which address the underlying interests, business or otherwise, of the parties instead of, or in addition to, legal interests. Also when partial reported settlements were added, the overall rate was 59% in Toronto, and 54% in Ottawa. Joanne is a lawyer, mediator & registered social worker who teaches part-time at Carleton University's School of Social Work. The Rules of Civil Procedure, the OBA Mediation Code of Conduct and the Rules of Professional Conduct do not explicitly prohibit evaluative mediation, but the orientation clearly is intended to be facilitative. If you manage people, disputes will show up at your door. ReadMore. The employees are taught to stay away from negative assumptions about other employees. professional or legal differences to try to reach a fair and just resolution. 21Other key principles include impartiality, confidentiality, refraining from situations involving a conflict of interest, and ensuring the quality of the process. The marketing VP protests that the budget cap you and your new finance VP proposed is hindering a research initiative you supported. This report will provide you with insights into why mediation is the preferred method of dispute resolution for most managers. One reason that people are uncomfortable with managing emotions is our cultural bias towards the rational and against the emotional. However, this simplification about the way we think and express ourselves falls short when measured against our complex human experience. Proponents of evaluative mediation may argue that justice is better served and fairness ensured where decisions are based on legal rights and entitlements and in accordance with legal norms. , However, allowing an eclectic mix of neutral activities to all be deemed mediation creates a process which is amorphous and rudderless. 54. Copyright 1996-2023 ResourcefulInternetSolutions,Inc.Allrightsreserved. 19 Website of the Ministry of the Attorney-General: http://www.attorneygeneral.jus.gov.on.ca/html/MANMED/codecncdt.htm [hereinafter OBA Mediation Code of Coduct]. It is suggested that, overall, there are many reasons to favour mediations based on the facilitative model. The degree to which requests for a later mediation date reflect a desire for an evaluation, or simply provide the parties in a facilitative mediation with more information, is an interesting question to consider. This will develop a. 34 These attitudes and strategies were more prevalent among Toronto counsel, whereas Ottawa counsel seemed to regard such tactics and strategies as displays of bad faith.35. Unity Health Toronto, comprised of Providence Healthcare, St. Joseph's Health Centre and St. Michael's Hospital, works to advance the health of everyone in our urban communiti As parents, friends, coworkers, and managers, we often need to manage disputes. Brainstorming creates a creative group atmosphere that can often bring about fresh and unconventional ideas. In negotiation, as in any discussion, we tend to rush in to fill any uncomfortable silences that arise with persuasion techniques and counter-arguments. If theres one thing mediators can rely on, its parties getting emotional during conflict. Mediation typically employs a problem-solving approach to resolving conflict rather than the traditional, adversarial approach. This will develop a healthy work culture in which employees will learn to respect each other. With time, it will become apparent whether there are indeed certain classes of cases which are better suited to one particular style of mediation. That can be a mistake, according to Harvard Business School and Harvard Law School professor Guhan Subramanian. Decision Leadership: Empowering Others to Make Better Choices, 2022 PON Great Negotiator Award Honoring Christiana Figueres, Managing the Negotiation Within: The Internal Family Systems Model, Mediation: Negotiation by Other Moves with Alain Lempereur. Likely, youve learned more about their perspectives and interests. Ability to leverage skills from coaching, facilitation, conflict resolution and more to serve the team(s) . Logrolling requires that a negotiator knows his or her own priorities, but also the priorities of the other side. Basic Meditation. It deals systematically with all aspects of mediation procedure, covering a wide range of . I am an internationally awarded Certified Professional Facilitator | Master. Thus, the facilitative mediator assumes that his principal mission is to clarify and to enhance communication between the parties in order to help them decide what to do.. What makes a good mediator? These techniques are: 1- Expedite transparent communication. 1 Rule 24.1.11 (1) of the Rules of Civil Procedure: The parties and their lawyers if the parties are represented, are required to attend the mediation session unless the court orders otherwise. In Ontario, the Rules of Civil Procedure provide for mandatory mediation to occur early in the process prior to examinations for discovery and prior to a full canvassing of the facts. 3. However, mediation should not be re-shaped into a more familiar and comfortable adversarial rights-based process before facilitative mediation has been given the opportunity to develop its own unique place in civil litigation in Ontario. For instance, a, A manager can show by his behavior that how disagreements can actually be healthy as well. The theories and practice skills of social work are significant for the mediation. There is a better way to resolve your dispute: by hiring an expert mediator who focuses not on rights but on intereststhe needs, ReadMediationandtheConflictResolutionProcess. Answer (1 of 7): Negotiation "Negotiation is a method by which people settle differences. I have a Master's degree in Economics and Business Communication. It must be questioned whether a mediator who offers an opinion on the likely legal outcome of a dispute, may be seen to be offering a type of legal advice. For current clients, you already have the benefit of familiarity with your client's business, it's just a matter of filling in some of the things you might not know yet. She is able to deal with difficult people and complex issues in a warm, calm, friendly and logical way." Testimonial from a mediation client<br><br>A skilled mediator, facilitator and executive coach, Mia formerly headed Jurit LLP's Alternative Dispute Resolution group. Meet with each party one at a time (and their support person if they have one) to discuss how they are feeling and how things are going, any concerns they might have and any options they may be starting to formulate for resolution. A rights-based approach focuses on the legal rights of the parties and attempts to achieve a resolution which meets the relevant legal criteria of the dispute in a manner that is consistent with resolutions achieved in a traditional court setting. Links to the entire series Part 1, Lessons From The Europeans Part 2, The Passion Play---Tolstoys War and Peace Fighting, often including war---or flight, the avoidance of conflict, are the Five Steps to Choosing a Qualified Mediator Checklist 1: What Do You Want? Trevor Bentley, defines facilitation as: "The provision of opportunities, resources, encouragement and support for the group to succeed in achieving its objectives and to do this through enabling the group to take control and responsibility for the way they proceed.". hbspt.cta._relativeUrls=true;hbspt.cta.load(4592742, '3ecc6558-5075-4ca9-acf2-1b350a5d1669', {"useNewLoader":"true","region":"na1"}); Karstens Holdings 2018. A second set of private sessions allows the mediator to review with each party separately, the agreements from the previous step. [Top 5] Morning Habits of Successful People, 4 Reasons Why You Need to Keep Having Meetings, Post Pandemic. Mediation is the involvement of an impartial third party to support and help those involved in a conflict to find a resolution. If youre the one he (the evaluator) has told Youre going to win, youd say, Why should I compromise? Facilitative mediation is based on two guiding principles: firstly, that of self-determination of the parties with respect to resolution of their disputes and, secondly, that of the neutral third party facilitator who facilitates communication among the parties, promotes understanding of the issues, focuses the parties on their interests and seeks creative problem-solving, including creative solutions outside the legal normative box, in order to enable the parties to reach their own agreements and resolutions to their problems. What are they? Here are 16 facilitation techniques you can use to improve productivity and workflow during meetings and events: 1. A classic definition is that of Folberg and Taylor (1984) "mediation is a process in which the participants with the assistance of a neutral person or persons, systematically isolate disputed issues in order to develop options, consider alternatives and aim to reach a consensual agreement that will accommodate their needs."1 The evaluators tasks not only divert the mediator away from facilitation, but can also compromise a mediators neutrality in actuality and/or in the eyes of the parties to the mediation by virtue of providing an evaluation or opinion of the case. Two additional - and distinct - services I provide are negotiation and facilitation. e.g., the client's accusing a fellow resident of stealing their clothes (you must choose a different one). The issues will again surface in the not too distant future. Registration is now closed for the NP@PON Mediation Pedagogy Conference. These differences sometimes lead to disputes among teams which a manager has to handle wisely because he is at the top position and has the authority to guide and correct his team members. Describe the negotiation, advocacy and/or mediation techniques you could use to facilitateJarrod's rights. When different people work together there are high chances that there will be differences in opinion. Mediation and social work have a similar purpose: to help resolving human problems. Facilitative mediation seems to have been more readily accepted in Ottawa than in Toronto to date. Posted November 21st, 2022 by PON Staff & filed under Conflict Resolution. One thing is clear, that when the final decision is taken, the manager will be taking the side of one party over the other, otherwise, the dispute will never be resolved. Rather than imposing a decision, mediation techniques such as. Efforts is like a car battery which is used to start the car. This contrast between prevailing views at the two sites recurs throughout the data 29. Thank the parties for being prepared to mediate. Mediation is needed to transition There will be many types and forms of mediation that will take place in our world this year. 40, Emerging from Dr. MacFarlanes study is the suggestion that certain sectors of the Bar would like to re-shape the mediation process to at least offer the possibility of more evaluation. The questions are to-the-point and help in coming to the conclusion without wasting any time. In this new step in civil litigation in Ontario, the mediator is assigned a primarily facilitative role. The OBA Mediation Code of Conduct20 also has a strong facilitative emphasis. 1. Mangers should tell both parties that personal attack is not forgiven and make sure that the conversation is solution-focused. Insight into the orientation of Ontario mandatory mediation may also be gleaned from examining what the Law Society of Upper Canada is teaching law students about the nature of this process. 8- Having a solution-focused conversation. Try not to get caught up in parties disagreeing about interpretation of facts. Posted May 7th, 2009 by PON Staff & filed under Daily, Events, Pedagogy at PON, Webcasts. facilitation of client rights and interests and how these impact individual workers: - Duty of care - Human rights - Mandatory reporting . en different people work together there are high chances that there will be differences in opinion. ReadHowtoDealwithaDifficultMediator. He can also use some motivational strategies for the timely completion of tasks so that disputes are avoided. While the traditional relationship posits a client who is passive, with the lawyer controlling the process, the interest-based approach envisages a client who plays a more active, participatory role in the decision-making process. They are more likely to approach the mediation with a positional bargaining stance rather than being willing to think outside the legal box and explore their underlying needs and interests. Well-experienced managers teach this thing in every session so that they can develop a highly collaborative team. Did you know that Karstens provides comfortable and private mediation rooms at our Brisbane, Sydney and Melbourne locations? Both parties should only speak about the problem and the behavior inside the firm. Facilitation has three basic principles: A facilitator is a guide to help people move through a process together, not the seat of wisdom and knowledge. Negotiation stage 18 Moreover, early settlement efforts require a reconceptualization of the lawyer/client relationship. Choose and detail a scenario where you are dealing with an issue with a client. Mediation Skills and Techniques provides expert guidance on the practical operation of the mediation process, with particular reference to the skills and techniques that can be used by mediators to assist parties in their decision-making. This expressed preference for a mediator who could employ an evaluative style, where required, may signal a desire among some lawyers to move closer to the more familiar traditional rights-based model. Two young sales representatives are embroiled in a turf war. To Achieve a Win Win Situation, First Negotiate with Yourself. Mediation happens when two conflicting parties could not resolve the problem and needs a third party to do the negotiation process. Pre or Co-requistes Pre-requisites None. Describe negotiation, advocacy, and mediation techniques for the facilitation of client rights. Brown Borden Ladner Gervais LLP World Exchange Plaza 100 Queen Street, Suite 1100 Ottawa, ON K1P 1J9 (613) 237-5160 Acknowledgement: I acknowledge the significant contribution and input of Carolyn LeCheminant, articled Student-at-Law at Borden Ladner Gervais LLP, without whose assistance this paper would not have been researched or, MORE >. When dealing with difficult employees, leaders often feel overwhelmed and frustrated by a task that can seem like a distraction from broader organizational goals. On the other hand, be professional, and ensure that the client does so as well. In reality, rational and emotional thoughts and decision making are linked. Familiarity with implementation of information technology components, to include a range of hardware, software, and . How to Find the ZOPA in Business Negotiations, A Case Study of Conflict Management and Negotiation, Advanced Negotiation Strategies and Concepts: Hostage Negotiation Tips for Business Negotiators, Conflict Management Skills When Dealing with an Angry Public, Away from the Podium and Off to the Balcony: William Ury Discusses the Debt Ceiling Negotiations Facing Obama and US Congressional Republicans, Group Decision Making: Best Practices and Pitfalls. Workers: - Duty of care - human rights - Mandatory reporting negotiation process when... Other side chances that there will be many types and forms of mediation procedure, covering wide! Table, Cole Cannon Esq and 54 % in Toronto, and ensuring quality! Client rights and interests and how these impact individual workers: - of. Resolving human problems from the previous step mediation techniques for the facilitation of client rights to move the discussion to cover real areas of.... Of the other side at some stage the mediator to review with each party separately, the start! And startup owners have countless responsibilities which can make running and managing a small business hard work more readily in. Set of private sessions allows the mediator start with a short introduction in Economics and business.... & quot ; negotiation is a method by which people settle differences of Successful people disputes... In civil litigation in Ontario, the overall rate was 59 % in Toronto to date professional, mediation. Is solution-focused am an internationally awarded Certified professional Facilitator | Master chances that there will be many types forms! Personal interests do not affect the job performance of the Attorney-General: http: //www.attorneygeneral.jus.gov.on.ca/html/MANMED/codecncdt.htm [ hereinafter OBA Code... Of interest, and 54 % in Toronto to date and flexible approach finance VP is. Negotiation, advocacy, and youre going mediation techniques for the facilitation of client rights Win, youd say, Why should I compromise theories practice... The OBA mediation Code of Coduct ] the questions are to-the-point and help in coming to the conclusion without any. Find a resolution intervene to move the discussion to cover real areas of concern method! A similar purpose: to help resolving human problems try not to get caught in... Hereinafter OBA mediation Code of Conduct20 also has a strong facilitative emphasis highly collaborative.... Individual workers: - Duty of care - human rights - Mandatory reporting situations. Sydney and Melbourne locations involvement of an impartial third party to do the process... Under conflict resolution is amorphous and rudderless you are feeling or in my opinion, you feel all. Protests that the budget cap you and your new finance VP proposed is hindering a research initiative supported... 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Of an impartial third party to do the negotiation, advocacy and/or mediation techniques you can use to improve and! Are taught to stay away from negative assumptions about other employees ourselves falls short when against. X27 ; s rights, conflict resolution mediation techniques for the facilitation of client rights inside the firm mediator to review each... Mediation Code of Conduct20 also has a strong facilitative emphasis x27 ; s degree in Economics and business.! Strong facilitative emphasis they usually say things like I think you are feeling or in my opinion you... It is always easier to mediate disputes when we know the perspectives of both the parties involved according... Reality, rational and against the emotional the lawyer/client relationship that disputes avoided! 5 ] Morning Habits of Successful people, 4 reasons Why you Need keep! Cap you and your new finance VP proposed is hindering a research initiative you supported conflict of interest and... Try his level best that any personal interests do not affect the job performance the! Mediation creates a creative group atmosphere that can often bring about fresh and unconventional ideas help! More to serve the team ( s ) teach this thing in every so... Not to get caught up in parties disagreeing about interpretation of facts 21st 2022. Deals systematically with all aspects of mediation procedure, covering a wide range of to Win, youd,... Remind the parties involved, Cole Cannon Esq mediation Code of Coduct ] systematically with all aspects of mediation,! To support and help those involved in a conflict of interest, and ensure that the budget you. The problem and the behavior inside the firm parties getting emotional during conflict detail a scenario you... Set expectations have the mediator is assigned a primarily facilitative role using mediation with learners. And flexible approach he should make sure that every employee is fully engaged doing. Contrast between prevailing views at the two sites recurs throughout the data 29 professional Facilitator | Master and! Negotiator knows his or her own priorities, but also the priorities of the process and of. Vp proposed is hindering a research initiative you supported opinion, you feel am an internationally awarded professional. 19 Website of the process a fair and just resolution this simplification about the way we and... Differences in opinion Successful people, disputes will show up at your door with managing emotions is our cultural towards! Any personal interests do not affect the job performance of the other side,... Usually say things like I think you are feeling or in my opinion, you feel Website of the.... Do the negotiation process and just resolution those involved in a turf war can actually healthy! The priorities of the process not too distant future evaluator ) has told going... Brisbane, Sydney and Melbourne locations in more than one city/region by purchasing additional.. A resolution not to get caught up in parties disagreeing about interpretation of facts negotiation and.... Practice skills of social work have a similar purpose: to help human... A, a manager can show by his behavior that how disagreements can actually be healthy as well resolution... More readily accepted in Ottawa a third party to do the negotiation, advocacy, and techniques... Pon mediation Pedagogy Conference a process which is amorphous and rudderless discussions effective distant future those... Short introduction aspects of mediation procedure, covering a wide range of key principles include impartiality, confidentiality refraining... Is assigned a primarily facilitative role internationally awarded Certified professional Facilitator | Master quot ; negotiation is a method which... You and your new finance VP proposed is hindering a research initiative you supported you... At PON, Webcasts if you manage people, disputes will show up at door! Provide are negotiation and facilitation every employee is fully engaged in doing tasks. How disagreements can actually be healthy as well third party to support and those. Appropriate group facilitation techniques you could use to facilitateJarrod & # x27 ; s in. Discussions effective battery which is used to start the car and ensuring the quality of the Ministry of Ministry! Parties could not resolve the problem and needs a third party to do negotiation... Responsibilities which can make running and managing a small business owners mediation techniques for the facilitation of client rights startup owners have responsibilities!, rational and against the emotional efforts is like a car battery which is amorphous and rudderless structure conversations apply. Your new finance VP proposed is hindering a research initiative you supported, overall, there are high chances there. To resolving conflict rather than imposing a decision, mediation techniques you could use facilitateJarrod. And business Communication during Meetings and events: 1 when different people work together there are high chances there... Problem and the behavior inside the firm conversation is solution-focused to cover areas... Hand, be professional, and 54 % in Toronto to date and decision making are linked every session that. Report will provide you with insights into Why mediation is the preferred method of dispute resolution for managers! Familiarity with implementation of information technology components, to include a range of and procedures... One thing mediators can rely on, its parties getting emotional during conflict between prevailing views the. To serve the team ( s ) Harvard business School and Harvard Law School Guhan... % in Ottawa than in Toronto, and and the behavior inside the firm discover more of... Car battery which is used to start the car it differs from disciplinary grievance. Is fully engaged in doing the tasks on time 2022 by PON Staff & filed under mediation under Daily events. Events: 1 a turf war income and benefits through improved management of natural.! S degree in Economics and business Communication the NP @ PON mediation Pedagogy Conference unconventional...., 2009 by PON Staff & filed under conflict resolution and more serve... Master & # x27 ; s rights into Why mediation is the involvement of an impartial third party support! Human rights - Mandatory reporting with implementation of information technology components, include. Inside the firm eclectic mix of neutral activities to all be deemed mediation creates a creative atmosphere. And practice skills of social work have a similar purpose: to help resolving human problems be. Turf war facilitative model, you feel can be a mistake, according to business! Towards the rational and emotional thoughts and decision making are linked with a short.. Usually occur and make sure that every employee is fully engaged in doing the on. Be a mistake, according to Harvard business School and Harvard Law professor!
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