Israel Reflections–Negotiation Aikido Israeli-Style

On our very last day in Israel, with the sun shining and after spending an hour on the beach, we forced the students back on the bus to Tel Aviv University to have a joint class with Moty Cristal’s class from the International Master’s in Dispute Resolution program.  If ever I was worried that the students would really resent us, this presented the golden opportunity.  Luckily, Moty was outstanding and here are two student comments about his presentation:

From Mary Ferwarda: It was the last day in an exciting, but very packed and exhausting schedule. We had just come from free time on the beach in Tel Aviv on the most perfect morning — sunshine, light breeze, few crowds — and I, personally, was dreading having to sit inside for yet another lecture.  When we all packed into a room at Tel Aviv University, and the speaker pulled up his Powerpoint, I took a deep breath to pool all of my energy to pay attention.  I should have taken a deep breath to prepare to be blown away.  Mr. Moty Cristal lectured, or rather, preached, his piece on crisis negotiation to a roomful of rapt students and professors.  Combining a pointed wit, quick humor, and a couple of Hollywood movies, Mr. Cristal walked the class through his experience negotiating with Palestinian militants who barricaded themselves in the Church of the Nativity in 2002 to avoid capture by the Israeli Defense Forces (IDF). 

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What Did You Do for Your Spring Break?

Over spring break, Dispute Resolution Program Coordinator Natalie Fleury and I were privileged to take 20 Marquette students to Israel as part of their class on International Dispute Resolution. We were joined on the trip by 10 students from Arizona State University’s law school and our colleague Art Hinshaw. The trip was an amazing experience with a mix of law, dispute resolution, and important religious and tourist sites. Before we went, short student papers and presentations focused on some the elements of the trip so that we would be better informed. The presentations included the Israeli legal system, the structure of the Palestinian Authority, history of the Middle East in the 20th century, the Druze religion, what a two state solution might look like, etc.

We traveled to Jerusalem, the Galilee (where we slept at a kibbutz right on the Sea), Safed, Nazareth, the Golan Heights, Haifa, and Tel Aviv. In addition to visiting important religious sites along the way, our itinerary included tours of the Supreme Court and the Knesset, visits to Haifa, Bar-Ilan, and Tel Aviv University law schools, meetings with co-existence groups like the Parent’s Circle (a group of bereaved families from both sides) and Ir Amim (an NGO working on Israeli and Palestinians equality in Jerusalem), a briefing from the legal advisor to the Northern Command of the Israel Defense Forces, meetings with practicing attorneys, a meeting in Nazareth with a lawyer from the Arab Center for Law and Policy, and so on.

One clear highlight near the end of the trip included dinner at Aharon & Elika Barak’s home. You might recall that Justice Aharon Barak was our Hallows speaker this past fall. As former president (chief justice) of the Israeli Supreme Court, Aharon Barak is widely considered the “John Marshall” of Israeli law. His wife, Elika, just stepped down as Deputy Chief Judge of the Labor Court. Not only did they help coordinate the visit to the Israeli Supreme Court at the beginning of our trip, which included a meeting with the first Israeli Arab judge on the court, they provided a home-cooked meal in their backyard while discussing judicial activism and the role of dispute resolution in the court system!

Over the next few days, I’ll be posting some of the student reflections from the trip. We are also hosting a public debriefing of the trip at the Law School this Monday, April 4th in Room 267.  The entire community is invited.

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“If I’d Wanted to Teach About Feelings, I Wouldn’t Have Become a Law Professor”

That’s the intriguing title of a new paper by Andrea Schneider, Melissa Nelken, and Jamil Nahaud.  The title expresses the authors’ mock horror at the thought of “bringing feelings into the room when teaching negotiation.”  They recognize that legal education is not exactly known for helping students to get in touch with their feelings: “learning ‘to think like a lawyer’ has traditionally favored cognition and ignored the powerful role of emotions in all human undertakings.”  Yet, they are convinced that law students will benefit from studying emotions:

One of the goals of focusing on feelings in a negotiation class is to help students learn that they can be emotionally engaged with clients and, therefore, with their own work as lawyers without becoming identified with them. Lawyers who understand clients at an emotional level are better able to represent the client’s needs.  And a lawyer who is sensitive to the emotional cues of his counterparts in a negotiation is better able to navigate the tricky waters of dispute resolution in a way that satisfies his client’s needs without riding roughshod over the other parties involved.

After laying out the benefits of covering emotions in a negotiation class, the authors then provide several practical examples of how negotiation teachers can effectively incorporate a study of feelings into the classroom experience.

This paper is just one of three new papers by Andrea on various aspects of teaching negotiation, all of which appear as chapters in Venturing Beyond the Classroom (Honeyman et al., eds. 2010).  The abstracts and links for the other two appear after the jump.

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