Roger Fisher, R.I.P.

Roger Fisher, Harvard Law Professor and author of the best-selling book Getting to Yes, passed away at the end of August, and I have been struggling to put into words how I feel. Roger was my first mentor in academia, and it was he who inspired me to teach negotiation. I was his research assistant during my second and third years of law school (1990-1992); served as a teaching assistant for his Negotiation Workshop, as well as a class entitled Coping with International Conflict; and ended up co-authoring two books with him based on the class, the textbook Coping with International Conflict and the mass-market Beyond Machiavelli.

For those of us who knew him personally, he was an inspiration. I still remember the first time that I met him — as a second-year law student after I had been hired to be his RA by the previous RA and having not met him personally beforehand. He was almost a foot taller than me — this very imposing, properly dressed professor, who peered over his glasses and in a very refined East Coast accent pronounced: “So I understand that you are to be my research assistant.” “Yes,” I stammered, wondering how I would be able to get along with someone so daunting. In fact, that was the only and last time that I felt intimidated by him.

Roger was so welcoming, his smile so sincere, that even when you disagreed with him (as I did on occasion), you wanted to continue the conversation.  

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Muppet Theory

I just heard Dahlia Lithwick over the weekend on NPR describing her new theory of the world — Muppet Theory — and I am convinced that this could usefully explain much of the legal system as well.  Lithwick, a writer for Slate Magazine and Newsweek, has divided the world into Berts and Ernies.  As she outlines in her article on Slate,

Every one of us is either a Chaos Muppet or an Order Muppet.  Chaos Muppets are out-of-control, emotional, volatile. They tend toward the blue and fuzzy. They make their way through life in a swirling maelstrom of food crumbs, small flaming objects, and the letter C. Cookie Monster, Ernie, Grover, Gonzo, Dr. Bunsen Honeydew and—paradigmatically—Animal, are all Chaos Muppets. Zelda Fitzgerald was a Chaos Muppet. So, I must tell you, is Justice Stephen Breyer.  Order Muppets—and I’m thinking about Bert, Scooter, Sam the Eagle, Kermit the Frog, and the blue guy who is perennially harassed by Grover at restaurants (the Order Muppet Everyman)—tend to be neurotic, highly regimented, averse to surprises and may sport monstrously large eyebrows. They sometimes resent the responsibility of the world weighing on their felt shoulders, but they secretly revel in the knowledge that theykeep the show running. Your first grade teacher was probably an Order Muppet. So is Chief Justice John Roberts. It’s not that any one type of Muppet is inherently better than the other. (Order Muppets do seem to attract the ladies, but then Chaos Muppets collect the chicken harems.) It’s simply the case that the key to a happy marriage, a well-functioning family, and a productive place of work lies in carefully calibrating the ratio of Chaos Muppets to Order Muppets within any closed system. That, and always letting the Chaos Muppets do the driving.

So, how could we apply Muppet Theory to dispute resolution? 

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Negotiating Trick Shots

A little holiday cheer while grading exams–here’s how (yet another) failed negotiation went in my house this past fall. For context, my son Noah broke his leg on the very first day of school, 10 minutes into the very first soccer practice of the year. Since he couldn’t move much, his friends have been over many days this fall hanging out.

Son: Mom, you know we’ve been making this cool video of trick shots?

Mom: Yes

Son: Can I get up on the roof to make a shot?

Mom: No!!!

Son: Why Not?

Mom: YOU HAVE A BROKEN LEG…

Next Day

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