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Robert Harris Mnookin is an American lawyer, author, and the Samuel Williston Professor of Law at Harvard Law School. He focuses largely on dispute resolution,
negotiation Negotiation is a dialogue between two or more people or parties to reach the desired outcome regarding one or more issues of conflict. It is an interaction between entities who aspire to agree on matters of mutual interest. The agreement c ...
, and arbitration and was one of the primary co-arbitrators that resolved a 7-year software rights dispute between IBM and Fujitsu in the 1980s. Mnookin has been the Chair of the
Program on Negotiation The Program on Negotiation (PON) is a university consortium dedicated to developing the theory and practice of negotiation and dispute resolution. As a community of scholars and practitioners, PON serves a unique role in the world negotiation com ...
at Harvard Law School since 1994.


Early life and education

Mnookin was born and grew up in Kansas City,
Missouri Missouri is a state in the Midwestern region of the United States. Ranking 21st in land area, it is bordered by eight states (tied for the most with Tennessee): Iowa to the north, Illinois, Kentucky and Tennessee to the east, Arkansas t ...
. He graduated from Pembroke-Country Day School in 1960 and from
Harvard College Harvard College is the undergraduate college of Harvard University, an Ivy League research university in Cambridge, Massachusetts. Founded in 1636, Harvard College is the original school of Harvard University, the oldest institution of higher lea ...
in 1964 with an A.B. in Economics, magna cum laude. After earning his bachelor's degree, he studied for a year as a Fulbright Scholar at the
Econometric Institute Econometric Institute (Dutch ''Econometrisch Instituut'') at the Erasmus University Rotterdam is a leading research institute in the fields of econometrics and management science in the Netherlands. The Institute offers advanced education in econom ...
in
Rotterdam Rotterdam ( , , , lit. ''The Dam on the River Rotte'') is the second largest city and municipality in the Netherlands. It is in the province of South Holland, part of the North Sea mouth of the Rhine–Meuse–Scheldt delta, via the ''"Ne ...
. Upon returning to the
U.S. The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
, he attended Harvard Law School. Mnookin graduated with his
LL.B. Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Chi ...
in 1968, magna cum laude.


Career

Mnookin clerked for federal D.C. Circuit judge
Carl McGowan Carl E. McGowan (May 7, 1911 – December 21, 1987) was a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit. Education and career Born in Hymera, Indiana, McGowan received an A.B. degree fr ...
and then Supreme Court
Justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
,
John Marshall Harlan John Marshall Harlan (June 1, 1833 – October 14, 1911) was an American lawyer and politician who served as an associate justice of the U.S. Supreme Court from 1877 until his death in 1911. He is often called "The Great Dissenter" due to his ...
, in 1969 and 1970. He worked at a
San Francisco San Francisco (; Spanish for " Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the fourth most populous in California and 17th ...
law firm between 1970 and 1972 before joining the law faculty at the
University of California, Berkeley The University of California, Berkeley (UC Berkeley, Berkeley, Cal, or California) is a public land-grant research university in Berkeley, California. Established in 1868 as the University of California, it is the state's first land-grant u ...
and becoming the first director of the Childhood and Government Project of the Earl Warren Legal Institute. At Berkeley, his researching and writing concerned
family law Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage ...
,
foster care Foster care is a system in which a minor has been placed into a ward, group home ( residential child care community, treatment center, etc.), or private home of a state-certified caregiver, referred to as a "foster parent" or with a family ...
,
child custody Child custody is a legal term regarding '' guardianship'' which is used to describe the legal and practical relationship between a parent or guardian and a child in that person's care. Child custody consists of ''legal custody'', which is the righ ...
, and other
children's rights Children's rights are a subset of human rights with particular attention to the rights of special protection and care afforded to minors.
topics. He was also involved in drafting legislation to reform
California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...
's foster care system. Mnookin's first book, ''Child, Family, and State'', was released in 1978. In 1979, Mnookin penned an article entitled "Bargaining in the Shadow of the Law: The Case of Divorce" which appeared in the '' Yale Law Journal''. A 1996 analysis by
Fred R. Shapiro Fred Richard Shapiro is an American academic and writer working as the editor of ''The Yale Book of Quotations'', ''The Oxford Dictionary of American Legal Quotations'', and several other books. Education Shapiro earned a Bachelor of Science de ...
showed that Mnookin's "Bargaining in the Shadow of the Law" was one of the most-cited law-review articles of all time. In 1981, Mnookin joined the
Stanford Law School Stanford Law School (Stanford Law or SLS) is the law school of Stanford University, a private research university near Palo Alto, California. Established in 1893, it is regarded as one of the most prestigious law schools in the world. Stanford La ...
faculty. In 1987, he became the first Adelbert H. Sweet Professor of Law at Stanford. The following year, he became the director of the new Stanford Center on Conflict and Negotiation which he established with Stanford professors
Kenneth Arrow Kenneth Joseph Arrow (23 August 1921 – 21 February 2017) was an American economist, mathematician, writer, and political theorist. He was the joint winner of the Nobel Memorial Prize in Economic Sciences with John Hicks in 1972. In economics ...
, Lee Ross, Amos Tversky and Robert Wilson. Together they explored and wrote about barriers to the negotiated resolution of conflict. With
developmental psychologist Developmental psychology is the scientific study of how and why humans grow, change, and adapt across the course of their lives. Originally concerned with infants and children, the field has expanded to include adolescence, adult developmen ...
and fellow Stanford professor,
Eleanor Maccoby Eleanor Emmons Maccoby (May 15, 1917 – December 11, 2018) was an American psychologist who was most recognized for her research and scholarly contributions to the fields of gender studies and developmental psychology. Throughout her career she ...
, Mnookin conducted a
longitudinal study A longitudinal study (or longitudinal survey, or panel study) is a research design that involves repeated observations of the same variables (e.g., people) over short or long periods of time (i.e., uses longitudinal data). It is often a type of ob ...
that traced how 1000 divorcing families resolved custody issues in the midst of divorce. After serving as a visiting professor for the 1990–91 academic year Mnookin joined the Harvard Law School faculty permanently in 1993 where he is the Samuel Williston Professor of Law, the Chair of the Program on Negotiation, and the Director of the Harvard Negotiation Research Project. Over the course of his career, Mnookin has served as a neutral arbitrator or mediator in a number of complex commercial disputes. Along with co-arbitrator, John L. Jones, Mnookin helped resolve a software rights dispute between IBM and Fujitsu in 1987. Mnookin has also facilitated a number of confidential meetings related to the Israeli-Palestinian conflict and has written about
Belgium Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to th ...
's ethnic conflict between the
Flemish Flemish (''Vlaams'') is a Low Franconian dialect cluster of the Dutch language. It is sometimes referred to as Flemish Dutch (), Belgian Dutch ( ), or Southern Dutch (). Flemish is native to Flanders, a historical region in northern Belgium; ...
and Walloon populations. Mnookin has also been a Fellow at the Center for Advanced Study in the Behavioral Sciences at Stanford University and is a member of the American Academy of Arts and Sciences.


Selected publications


Books

*''The Jewish American Paradox: Embracing Choice in a Changing World'' (2018
Public Affairs
*''Bargaining with the Devil: When to Negotiate, When to Fight'' (2010,
Simon & Schuster Simon & Schuster () is an American publishing company and a subsidiary of Paramount Global. It was founded in New York City on January 2, 1924 by Richard L. Simon and M. Lincoln Schuster. As of 2016, Simon & Schuster was the third largest pu ...
) *''Beyond Winning: Negotiating To Create Value in Deals and Disputes'' with Scott R. Peppet and Andrew S. Tulumello (2000,
Harvard University Press Harvard University Press (HUP) is a publishing house established on January 13, 1913, as a division of Harvard University, and focused on academic publishing. It is a member of the Association of American University Presses. After the retir ...
) *''Dividing The Child: Social and Legal Dilemmas of Custody'' with
Eleanor Maccoby Eleanor Emmons Maccoby (May 15, 1917 – December 11, 2018) was an American psychologist who was most recognized for her research and scholarly contributions to the fields of gender studies and developmental psychology. Throughout her career she ...
(1992, Harvard University Press) *''In the Interest of Children: Advocacy, Law Reform & Public Policy'' (1985, W. H. Freeman and Company)


Journal articles

*"Persistent Nonviolent Conflict with No Reconciliation: The Flemish and Walloons in Belgium," (with A. Verbeke) '' Duke University Journal of Law and Contemporary Problems'', Volume 72, Issue 2 (Spring 2009). *"The Internal Israeli Conflict: The Past, Present and Future of the Jewish West Bank/Gaza Settlements," (Special Ed.) ''Negotiation Journal'', Volume 21, Number 2, April (2005). *"Afghanistan: Negotiating in the Face of Terrorism," ''Conflict Resolution International Quarterly'', Volume 19, Number 4 (2002). *"Why Negotiations Fail: An Exploration of Barriers to the Resolution of Conflict," ''Ohio State Journal on Dispute Resolution'', Volume 235 No. 2 (1993). *"Creating Value Through Process Design: The IBM - Fujitsu Arbitration," ''Journal of International Arbitration'', (September 1992). *"Bargaining in the Shadow of the Law: The Case of Divorce" (with L. Kornhauser), '' Yale Law Journal'', Volume 88, Number 5 (April 1979).


Personal life

In 1963, Mnookin married Dale Seigel. The couple has two daughters: Jennifer Mnookin, the Chancellor of University of Wisconsin Madison, and Allison, formerly a vice president and General Manager at
Intuit Intuit Inc. is an American business software company that specializes in financial software. The company is headquartered in Mountain View, California, and the CEO is Sasan Goodarzi. Intuit's products include the tax preparation application ...
.


References


External links


Official websiteInterview with Robert Mnookin
https://www.mediate.com {{DEFAULTSORT:Mnookin, Robert Harris Living people American non-fiction writers Harvard Law School faculty Harvard Law School alumni Negotiation scholars Year of birth missing (living people) Harvard College alumni