Fall 2017 And Mediation

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IN THIS ISSUEFall 20171 Letter from Director2 Alumni Profile3 Student Profile4 Healing Our JusticeSystem:RestorativeJustice and the Law4 Managing theNegotiation Within:Internal Family SystemsTraining for Mediatorsand Lawyers Conference5 New Appointment forCenter’s AssistantDirector6 Negotiation, Outside-Inand Inside-Out: On theLevel or Therabout7 Center on Negotiationand MediationSponsored Events7 Publications,Presentations, andLeadership andCommittee MemberAppointments8 Center on Negotiationand Mediation AwardsCenter on Negotiationand MediationLetter from DirectorLynn P. Cohn, Clinical Professor of Law,Director, Center on Negotiation and MediationThe extreme discord and barrage of conflicts andviolence facing our students and communities is aconstant call to remember the most basic lessonswe convey in our courses on negotiation, conflictmanagement, dispute resolution and restorative justice. We offer an incredible skillset for the difficult conversations and complex problems weface today.The crux of our negotiation course is the concept that we need to identifyour own interests and do the same for all other participants at the table.We caution our students to be aware that they are prone to making assumptions, often tainted by implicit bias, that should be tempered withself-awareness, information gathering and genuine curiosity. We encourage students to look for common interests that will serve as the basis forcollaborative agreements and to identify different priorities that will allowfor trade-offs.We know that emotional intelligence will help our students understandthemselves and their counterparts. The core concerns of “Autonomy, Appreciation, Affiliation, Status and Fulfilling Role” remind us that everyone— across political, religious, economic and geographic spectrums — hasbasic social needs that, when fulfilled, can createbonds that sustain us in difficult times.We teach our mediation students thatresolution is most likely when people feel heard and acknowledgedand have their interests met.Moreover, imposing an agreement on others is contrary to thefoundation of self-determinationthat contributes to the power of themediation process.continued on page 2

Letter from Director continuedMeditation allows us to be more centered and cleareven in the eye of a storm. When emotions threatento get the best of us, we can take stock of our feelings and make an intentional judgment call aboutour next move, ideally from the heart of our bestself. Yet, even as a so-called expert in these skills,I am finding it increasingly difficult to answer thecolleague who asks me what I, as a dispute resolution specialist, prescribe to fix this mess.But then I remember what we teach in our restorative justice curriculum: We can’t start withsolutions. We must start with spaces for dialogue,within our law school, communities and on a largerscale. We first have to have the courage and willingness to understand and connect with otherson a human level as we talk about hard issuesconcerning topics such as race and politics. Theanswers will come once we are in open-hearteddiscourse. For now, the focus must be on creatingand participating in these dialogues. I accept thatfacing my white privilege in a dialogue on race willmake me uncomfortable. I am striving to avoid thesimplistic response of labelling individuals (including members of my immediate family) who supportpolicies and politicians that I strongly disagreewith, and in an effort to move beyond labels andassumptions, I am working on engaging thosepeople. I will remain open to the possibility thatthe difficult times we are in may be necessary inorder to evolve to a better place. And I will need touse every tool that we teach our students to do justthis in my own corner of the world. At least in mylifetime, this has never been more vital than today.Alumni ProfilePaul Fenstermaker (JD ’14)Not all basketball fans are lucky enough to watch theirhometown team win a single NBA championship, let alonetwo in three seasons. Far fewer fans are lucky enough tocelebrate their team’s success in person. And there areonly a handful of people like Paul Fenstermaker (JD ’14),Assistant General Counsel for the Golden State Warriors.The Bay Area native started his professional career asa Marketing Specialist at the NBA league office beforeattending Northwestern Pritzker School of Law. Aftergraduation, Fenstermaker was a member of the corporategroup and the sports and sports facilities industry teamat Katten Muchin Rosenman LLP in Chicago, where heserved as outside counsel to various professional sportsfranchises. In 2016, after working on several matters forthe Golden State Warriors, he received a dream offer: tomove in-house and join the Golden State Warriors legalteam. While Fenstermaker feels lucky to have receivedthe opportunity, he also acknowledges that the lessonslearned from the Center on Negotiation and Mediation atNorthwestern Law have proved invaluable to his careertrajectory in the sports industry.Peace and love,LynnPart of Fenstermaker’s role with the team involves beingat the bargaining table with potential clients. Whether heis negotiating suite licenses for the Chase Center (scheduled to open in 2019) or potential sponsorship agreements,a class lesson that has proven true time and time again isthat preparation is paramount. When it comes to understanding each party’s BATNA and identifying ways toexpand the pie for everyone involved, “you can’t wing it,”he says. If you shirk on doing your prep work for a negotiation, Fenstermaker explains, you risk missing out entirelyon what could have been a slam dunk deal.2

Successful sports attorneys must also recognize that howthey carry themselves is as important, if not more so, thanthe information they wield at a bargaining table. Despitethe NBA’s huge popularity in the United States and abroad,a relatively small cast of characters populates the league’sfront offices. The same holds true for the world of sportslaw in general, and as a result, one’s reputation aroundthe industry is key. Echoing one of the Center’s essentialmantras, Fenstermaker stresses that “it’s not a one-shotworld.” Many job openings are filled not through a nationwide search or an open posting but through trustedrecommendations. Simply put, if you want to move up inthe sports world, make sure your reputation doesn’t keepyou down.focus on interests over positions provided Scinteie with away to think creatively about problem solving. He realizedthat conflict does not have to be a win-lose situation andthat there are processes like mediation and peacemakingcircles that can transform conflict.The center provided Scinteie an opportunity for real-worldexperience through the Mediation Advocacy Clinic and Restorative Justice Practicum. He will never forget watchingan employer moved to tears when a mediation client sharedthe emotional impact of an experience. And he will alwayscarry the lessons he learned from the LGBTQ at-risk youthwith whom he worked in a violence prevention programthat he helped implement. These experiences changedScinteie’s understanding of conflict.Fenstermaker says he found one of the Center’s newerclasses—Dispute Resolution in Sports—to be helpful tohis career with the Warriors. In this class, he learned thebasics of labor law in sports and about the relationshipbetween sports leagues and their players unions. Havingthis solid foundation allows Fenstermaker to navigate thecollective bargaining agreement on a regular basis and tocontribute new ideas for the organization.As a final word of advice, Fenstermaker tells aspiringsports attorneys that they must be able to articulate howtheir skillset satisfies the needs of potential future employers. Simply being a sports fan is not enough. Your education and experience can help you stand out as a candidatewho can practice all aspects of sports law, and the classesoffered through the Center on Negotiation and Mediationhelp develop that ability.The center courses taught him not only about disputeresolution but also about himself. Restorative justicerequired deep introspection about his role as an interconnected community member. The practice of mindfulnesshelped Scinteie better understand his own reactions, and itenables him to present in the midst of conflict.The Center is proud of Fenstermaker’s many accomplishments and wishes him continued successStudent ProfileIn learning about the power of dialogue, self-determination, empowerment, interconnection, and mindfulness,Scinteie discovered a passion for dispute resolution. He isgrateful for the way in which the center humanized thelaw and taught him transforming conflict and repairingharm — skills he will carry with him in his professionaland personal life.Richard Scinteie (JD ’17)In his first two years of law school, Richard (Rich) Scinteie(JD ‘17) learned about formal adversarial legal proceduresfor addressing conflict. But the lessons didn’t resonate withhim, so he searched for other tools. In Scinteie’s third year,the Center on Negotiation and Mediation opened his eyes tonew ways of handling conflict.Scinteie was a student in five center courses over two semesters. In these classes, he discovered dispute resolutionprocesses and skills that encourage collaboration, deeplistening, dialogue, compassion, and creativity. Learning to3

The Symposium featured two national leaders in restorative justice. Dr. Fania Davis, founder and director ofRestorative Justice for Oakland Youth (RJOY) and longtime social justice activist, scholar, professor, and civilrights attorney, was the keynote speaker. Dr. Davis sharedstories of RJOY students who were empowered by restorative practices, and she talked about her own journey ofbecoming lawyer, warrior, and healer. She charged theaudience with embracing intersectionality and challenging systemic harms in order to create radical, profound,and inclusive communities.Dr. Mark Umbreit, a professor and founding director ofthe Center for Restorative Justice & Peacemaking at theUniversity of Minnesota School of Social Work, providedinsights from his leading work in victim-offender mediation and dialogue. He focused on trauma-informedpractice, developing healing space, being mindfullypresent, and taming egos. The speakers raised many critical issues, cultivating conversations that will hopefullycontinue into the future.Healing Our Justice System:Restorative Justice andthe LawOn March 10, 2017, more than 300 people gathered in Lincoln Hall, the oldest lecture hall at Northwestern PritzkerSchool of Law, for the symposium, “Healing Our JusticeSystem: Restorative Justice and the Law.” Activists, organizers, educators, community advocates, police officers,probation officers, social workers, therapists, and othersjoined lawyers and law students to reflect on justice andhealing. The Center on Negotiation and Mediation collaborated with the Northwestern Journal of Law and SocialPolicy to bring together a diverse group to explore restorative justice.The beauty of the day was in seeing people with a broadarray of experiences, strengths, and backgrounds cometogether and connect in the law school as they consideredwhat justice should look like. Hearing about restorativework in a variety of different areas provided hope forhealing and moving beyond the narrative of violence. TheSymposium reflected the potential of restorative justiceand processes that build and foster relationships.The center’s M.R. Bauer Foundation Fellow Annalise (Annie) Buth (JD ‘07) provided an introduction to the philosophy, which views wrongdoing as a violation or breakdownof relationships and community rather than a violation ofrules or law. The symposium challenged participants toreflect on repairing harm, understanding the context surrounding harm, and empowering those affected by harmso that they can repair it.Managing the NegotiationWithin: Internal FamilySystems Training forMediators and LawyersConferenceThe Symposium highlighted the importance of storiesand, throughout the day, people shared their personalexperiences. The International Indigenous Youth Council Chicago Chapter opened the day acknowledging andhonoring the indigenous roots of restorative justice. Therewere a broad range of perspectives from the criminaljustice system, government, education, community organizations, and different Chicago neighborhoods. Symposium participants observed Center Director Lynn Cohn(JD ‘87) facilitate a circle with a group of Chicagoans whoare serving their communities in powerful ways.This summer, the Center welcomed Boston Law Collaborative Institute (BLC) Founder and John H. Watson, Jr.Lecturer on Law, David Hoffman, and Founder of theInternal Family Systems (IFS) Model of Psychotherapy,Dr. Richard Schwartz, to lead a pioneering training on therelationship between IFS and mediation. IFS is a conceptual framework in therapy to help individuals explore andcomfort their conflicting parts of the mind and uncovertheir valuable insights. Applied in the mediation setting, this framework provides another tool for exploring4

New Appointment for Center’sAssistant Directoremotions and helping parties transition from positions tointerests.Individuals from across the country attended this twoday training, conducting role plays that integrated the IFSframework into the mediation process with the helpfulguidance and support of IFS and mediation experts ascoaches. Participants remarked on the depth of personal understanding this framework provides, both for theparties and for themselves as mediators. Enthralled withIFS and grappling with how it fits in their mediationpractice, participants maintained incredible engagement– undistracted by the boats sitting on glistening waterjust outside the training room during a coveted summerweekend in Chicago.With Len Riskin’s leadership, law students in our courses have been exploring some of these concepts, bothby reading Riskin’s article “Managing Inner