Frank’s Legacy

Harvard Law School 

Harvard Program on Negotiation 

Wikipedia 

American College of Civil Trial Mediators bio 

Mediate.com 

Everipedia bio 

Crompton & Knowles Corporation, Worcester Division and United Steelworkers of America, Local 3274 (1960)

United Steelworkers of America and Carpenter & Paterson, Inc. (1960)

Brown Company and the International Brotherhood of Pulp, Sulphite and Paper Mill workers and its United Brotherhood Local No 75 (1965)

Coppus Engineering Corporation and International Brotherhood of Boilermakers, Local #748 (1971)

Cambridge Gas Company and United Steelworkers AFL-CIO, Local # 12004 (1973)

Truck Drivers, Local 170 and C & S Wholesale Grocers, Inc. (1976)

CIBA-GEIGY Corporation and Brotherhood of Chemical Workers (1978)

Coppus Engineering Corporation and International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers Local #748 (1977)

BFI Waste Systems and International Teamsters (1984)

Communication Workers of America, AFL-CIO and New Jersey Bell Telephone Company (1985)

WGBH Educational Foundation and National Association of Broadcast Employees and Technicians AFL-CIO (1985) 

Narrangansett Electric Company and B.U.W.N.E, Inc.  Local #310 (1985)

R.D.T. E. U. and Massachusetts Institute of Technology (1986)

IUE Local #201 and General Electric Company (1986)

Cheryl Fulti and Chevrolet Div. of GM Corp. (1986)

Boston Edison Company and Utility Workers Union of America, AFL-CIO, Local #369 (1998)

Boston University Medical Center and Boston University Security Officers Association/International Brotherhood of Police Officers (1998)

Anthony Vetrano and Blue Hills Regional School District (1998)

Boston Edison Company and Utility Workers Union of America, AFL-CIO, Local 369 (1999)

BellSouth Telecommunications and Communication Workers of America (1999)

General Electric Company and IUE Local 119 (2000)

Raytheon Company and International Brotherhood of Electrical Workers, AFL-CIO Local 1505 (1999)

Communications Workers of America and BellSouth Telecommunications, Inc. (2000)

General Electric Company and IUE, Local 119 (2000)

Pioneer Series: Concerns and Optimism for Future – Video (2014)
Frank Sander reflects on his concerns within the field, which include the tension of quality vs. quantity of the practice, the lack of studies of cost effectiveness, disappointments with the court system fees, and the difficulty of getting more young people/apprentices into the field. However, he’s optimistic about the future of mediation. 

Pioneer Series: The Three Phases of Alternative Dispute Resolution – Video (2014)
Frank Sander speaks of three phases he’s noticed in ADR: the Pound Conference followed by ten years of experimentation. The next ten years was the incorporation and practice in law schools and court systems as well as discovering the weaknesses of the practice. The last ten years have been the institutionalization of the field. 

Determining A Mediator’s Competency – Video (2010)
Frank Sander talks about the ‘hot’ topic of developing a process for determining a mediator’s competency. He hopes licensing will not be a form of determining that competency, but rather focusing on the amount of training a mediator has had. 

Should Court Mediators Be Lawyers? – Video (2010)
Frank Sander discusses how ironically, there has been an ongoing battle within the court system of whether or not mediators need to be lawyers to practice within the courts. Sander voted they didn’t need to be lawyers, which was the majority opinion. 

Career Path Evolved from Litigation to Mediation – Video (2009)
Frank Sander speaks of how he became involved in negotiation and dispute resolution, emphasizing that it was more of an evolving path laid before him rather than a conscious choice to change from family and tax law. 

Career Move to Mediation Provided a Challenge – Video (2009)
Frank Sander talks about why he decided to change career paths in the 70s from tax and family law to mediation. He thought change was important and wanted to be challenged instead of continuing to teach after 15 years. 

Challenges of Institutionalizing Mediation – Video (2009)
Frank Sander talks about the challenges institutionalization presents: trying to build on what’s good without impairing the quality of the practice, becoming part of the court system without courts taking over mediation.

Harvard Law Bulletin: Alternative Lawstyle 

Harvard Law: Sander Steps Down as Associate Dean

Dispute Resolution Magazine:  Frank Sander: Mentor to the Field of Dispute Resolution

HNMCP: Celebrating 35 Years of the Harvard Mediation Program

Articles about the ADR Movement & Evolution of a Multi-Door Courthouse

University of St. Thomas Law Journal:  Exploring the Evolution of the Multi-Door Courthouse

Ohio State Journal on Dispute Resolution: Fitting the Ethics to the Forum

Catholic University Law Review: The Evolution of a Multi-Door Courthouse

Global Pound Conference Series: 1976 Pound Conference

Justice Center of Atlanta: A Leader in Mediation & Mediation Training Since 1977

Making Peace and Making Money

Interview about the Multidoor courthouse concept

Mediate.com Interview with Frank Sander (12/12/17)

This is the complete interview by Robert Benjamin with Harvard Law Professor Frank Sander, founder of the Multi-Door Courthouse movement, filmed as part of Mediate.com’s ‘Views from the Eye of the Storm’ Series.

University of St. Thomas Law Journal: Interview exploring the evolution of the multidoor courthouse 

1960s

The Report of the Committee on Civil and Political Rights; submitted to the President’s Commission on the Status of Women (1963). Frank was a member of the committee

American Women – Report of the President’s Commission on the Status of Women (1963) (Frank was a member of the Committee on Civil and Political Rights)

Book Review: The Ideologies of Taxation by Louis Eisenstein, The Harvard Law Review Association (1964)

Case Materials on Family Law, co-authored with Caleb Foote and Robert Levy (1st, 2nd, 3rd, 4th edition) published by Little Brown (1966)

Report of the Task Force on Family Law and Policy; submitted to the Citizens’ Advisory Council on the Status of Women (1968) (Frank was a member of the Task Force.)

1970s

Materials on Family Law (1972)

Varieties of Dispute Processing, 70 F.R.D. 111 (1976)

Report on the National Conference on Minor Disputes Resolution (May 1977, ABA Press)

The Multi-Door Courthouse. Settling Disputes in the year 2000. Barrister (Summer 1976)

Children and the Law, Harvard Law School Bulletin (Spring 1977)

Varieties of Dispute Processing, The Pound Conference: Perspectives on Justice in the Future. West Publishing Co (1979)

Alternative Methods of Dispute Settlement – a Selected Bibliography, Co-compiled by Frederick E. Snyder. Published by ABA Committee on Resolution of Minor Disputes (1979 revised in 1982)

1980s

Community Justice, Harvard Law School Bulletin (Spring 1980)

Informal Dispute Settlement in the United States, Lecture to the Japanese Society of Legal Studies, Tokyo (April 1982)

Alternatives to the Courts, For the National Conference on the Lawyer’s Changing Role in Resolving Disputes (October, 1982)

Readings in Federal Taxation, (revised in 1983 (1st and 2nd editions) published by Foundation Press (co-written with David Westfall)

Tax Aspects of Divorce and Separation (1st, 2nd, 3rd, and 4th edition) co-authored with Hank Gutman Published by BNA (1983)

The Multidoor Courthouse, National Forum (Fall 1983)

Mediation: A Selected Bibliography (ABA Special Committee on Dispute Resolution, 1984)

The Role Of Courts in American Society, the Final Report of the Council on the Role of Courts,(Sander served on the Council.)  West Publishing (1984)

Alternative Dispute Resolution in the Law School Curriculum: Opportunities and Obstacles,  Journal of Legal Education (June 1984)

Diversifying Legal Solutions,Harvard Law School Bulletin (Summer/Fall 1984)

Alternative Dispute Resolution in the United States: An Overview, Justice for a Generation, plenary programs of a meeting of the ABA, The Senate of the Inns of Court and the Bar, and The Law Society of England and Wales (1985)

The Life of the Mediator: To Be or Not To Be Accountable, Co-authored with Stephen B. Goldberg and Eric D. Green. Negotiation Journal (July 1985)

Alternative Methods of Dispute Resolution: An Overview,University of Florida Law Review (Winter 1985)

Dispute Resolution, (co-written with Eric Green and Stephen Goldberg) (Little Brown, 1985 now in its 6^th edition) 

ADR problems and prospects: looking to the future, Co-authored by Stephen B. Goldberg and Eric D. Green. Judicature (February-March 1986 Vol. 69 / No 5)

Introduction, Journal on Dispute Resolution (Vol. 7, 1986)

Alternative Dispute Resolution An ADR Primer, Produced by Beth A. Paulson in cooperation with Frank E. A. Sander and the ABA Standing Committee on Dispute Resolution (1987)

Saying You’re Sorry, Co-authored with Stephen B. Goldberg and Eric D. Green. Negotiation Journal (July 1987)

The Janus Quality of Negotiation: Dealmaking and Dispute Settlement, Co-authored with Jeffrey Z. Rubin. Negotiation Journal (April 1988)

A Nationwide Perspective on Mediation In the Courts, Massachusetts Lawyers Weekly (Nov. 28, 1988)

When Should We Use Agents? Direct vs. Representative Negotiation, Co-authored by Jeffrey Z. Rubin. Negotiation Journal  (Vol. 4 no. 4, October 1988)

Litigation, Arbitration or Mediation: A Dialogue, Co-authored by Stephen B. Goldberg and Eric D. Green. ABA Journal (June, 1989)

1990s

Professional Responsibility. Should there be a duty to advise of ADR options,  Yes opinion, ABA Journal (November 1990)

Culture, Negotiation, and the Eye of the Beholder, Co-authored by Jeffrey Z. Rubin. Negotiation Journal (Vol. 7, No. 1, July 1991)

Emerging ADR Issues in State and Federal Courts, (American Bar Association, Section of Litigation edCited volume) (1991)

Paying for ADR, ABA Journal (February 1992)

Making the Right Choice, Co-authored by Stephen B. Goldberg. ABA Journal (November 1993)

Fitting the Forum to the Fuss: A User-Friendly Guide to Selecting an ADR Procedure, Co-authored by Stephen B. Goldberg.  Negotiation Journal (January 1994)

Fitting the forum to the fuss: a user-friendly guide to selecting an ADR procedure (1994)

Dispute Resolution in the Construction Industry: the Role of Dispute Review Boards, Co-authored by Christopher M. Thorne. Construction Law Reports (1995)

The Obsession with Settlement Rates, Negotiation Journal (October 1995)

Judicial (Mis) Use of ADR? A Debate,  Transcript of debate with H. William Allen, Debra Hensler. University of Toledo Law Review (Volume 27, 1995)

Dispute Resolution within and outside the Courts – an overview of the US Experience,  Paper presented in Germany, 1990.  Also appears in Hosei Kenkyu, Journal of Law and Politics. Translated into Japanese for publication by Fumio Miyanaga  (November 1995)

Foreword to the Harvard Negotiation Law Review Premier Issue (Spring 1996) Co-authored by Robert H. Mnookin

Whither Certification: A Dialogue on Qualifications, Transcript of dialogue with Nancy H. Rogers. Dispute Resolution Magazine (Spring 1997)

Alternative Methods of Dispute Settlement: a selected bibliography, (ABA Committee on Resolution of Minor Disputes) (co-compiled by Frederick E. Snyder 1997)

Arbitration of Employment Disputes Under Federal Protective Statutes: How Safe are Employee Rights?,Co-authored by Mark C. Fleming (No publication data; estimate 1997)

The Multidoor Courthouse, Co-authored by C. Duve. Conference paper at Mediation, the alternative?  International Conference on Mediation, Amsterdam (March 1998)

A Friendly Amendment, Dispute Resolution Magazine (Fall, 1999) 

2000s

The Future of ADR, Reprint of the Earl F. Nelson Memorial Lecture, delivered at the University of Missouri-Columbia School of Law on April 16, 1999. Journal of Dispute Resolution (Volume 2000, number 1)

A Worthy Challenge. The Teaching of Problem-Solving in Law Schools, Co-authored with Robert H. Mnookin. Dispute Resolution Magazine (Summer 2000)

Nonjudicial Dispute Resolution, in Common Law, Common Values, in Common Rights: Essays on Our Common Heritage (A.B.A. & West Group 2000)

Some Concluding Thoughts, Journal on Dispute Resolution (Volume 17 Number 3, 2002)

Supreme Court Law Clerks’ Recollections of Brown vs. Board of Education,  Dialogue moderated with John Q. Barrett, including John David Fassett, Earl E. Pollock, E. Barrett Prettyman, Jr. St John’s Law Review (Vol. 78 Number 3, Summer 2004)

Some Questions About the Vanishing Trial, Co-authored with James E. McGuire. Dispute Resolution Magazine (Winter 2004)

Some Concluding Thoughts, Journal of Legal Education (2004)

Foreward,Co-authored by Robert H. Mnookin, Harvard Negotiation Law Review, (Vol. 10 Spring 2005)

Early Intervention: How to Minimize the Cost of Conflict, Co-authored by Robert C. Bordone.  Negotiation (March 2005)

Handbook of Dispute Resolution, Michael L. Moffitt and Robert C. Bordonne, editors.  Frank E.A. Sanders co-authored chapter 24 with Lukasz Rozdeiczer, Selecting an Appropriate Dispute Resolution Procedure and co-authored chapter 31 with Robert C. Bordonne and Michael L. Moffitt, The Next Thirty Years, Directions and Challenges in Dispute Resolution. A publication of the Program on Negotiation at Harvard Law School (2005)

Keep It Out of Court: Resolving Differences in House, Co-authored with Robert C. Bordone. Negotiation (July 2005)

Another View of Dispute Resolution, Dispute Resolution Magazine (Spring 2006)

All in the Family: Managing Business Disputes with Relatives, Co-authored with Robert C. Bordone. Negotiation (March 2006)

Matching Cases and Dispute Resolution Procedure: Detailed Analysis Leading to a Mediation-Center Approach, Co-authored with Lukasz Rozdeiczer. Harvard Negotiation Law Review (Vol. 11, Spring 2006)

Another View of Mandatory Mediation, Dispute Resolution Magazine (2006)

Developing the MRI (Mediation Receptivity Index), Journal on Dispute Resolution (Volume 22 Number 3, 2007)

Selecting a Mediator: An Alternative (Sometimes) to a Former Judge, Co-authored by Stephen B. Goldberg. Litigation (Volume 33 Number 4, Summer 2007)

A Dialogue Between Professors Frank Sander and Mariana Hernandez Crespo: Exploring the Evolution of the Multi-Door Courthouse, Co-authored by Mariana Hernandez Crespo. University of St. Thomas Law Journal, (Vol. 5 Number 3, Spring 2008)

Creating Mutual Gain in the Workplace, Outline for talk given at the Department of the Navy ADR Conference, Southbridge, MA, (September 16, 2008)

Achieving Meaningful Threshold Consent to Mediator Styles, Dispute Resolution Magazine (Winter 2008)

Keep Building ADR,  Alternatives (Vol. 27, No. 1, January 2009)

Ways of Handling Conflict: What We Have Learned, What Problems Remain, Negotiation Journal (Volume 25 Number 4, October 2009)

Varieties of Dispute Processing,  Spanish language translation by Julio Cèsar Betancourt. Published by Chartered Institute of Arbitrators (2010)

Dispute Resolution: Negotiation, Mediation, Arbitration & Other Processes, (Wolters Kluwer L. & Bus. 6th ed. 2012) (co-written with Stephen B. Goldberg, Nancy H. Rogers & Sarah Rudolph Cole) The1985 book won an award from the Center for Public Resources. 

Designing Systems and Processes for Managing Disputes, (Wolters Kluwer L. & Bus. 2013 co-written with Nancy H. Rogers, Robert C. Bordone, & Craig A. McEwen)

Alternative Dispute Resolution in the United States, in ADR, arbitration, and mediation: a collection of essays (Author House UK, 2014)

Publications with no known publication date:

Arbitration of Tax Disputes, Presentation delivered by Frank E.A. Sander.  (No publication attribution, no date. Talk mentions it was delivered in Japan.)

Multi-door Courthouse, Presentation developed for an Australian Conference.  

Draft Proposal for the “Development of Multi-door Dispute Resolution Centers”

National Standards for Court-Centered Mediation Programs, Frank Sander served on the Advisory Board which assembled the standards

Towards a Functional Analysis of Family Process. 

Resolving Business Disputes: the Multi-Door Courthouse Approach. 

Alternative Methods of Dispute Resolution: A U.S. Perspective.”

The Teaching of ADR in the 21^st Century Law School, Co-authored with Stephen B. Goldberg and Nancy Rogers. CPR Institute for Dispute Resolution, 

Excuse me, what’s for PTZ?, Musing on personal preferences regarding time, and implications for relationship and social engagement.

Publications About Frank E. A. Sander or referring to his work:

Book Review of Dispute Resolution by Thomas C. Galligan, Jr. in Willamette Law Review (Winter 1987)

Frank Sander and His Legacy as an ADR Pioneer. Series of articles by various authors. Negotiation Journal (Vol. 22, Number 4, October 2006)

Mediation receptivity in the U.S.: A first study on the Methodology of the MRI (Mediation Receptivity Index.), An addendum to Professor Frank E.A. Sander’s Development of the MRI. 

Harvard Law Review Editor and Treasurer (1949-1952)

President of the Harvard Orchestra played the flute 

Taught a class in “Federal courts” at Boston University Law School (1952) 

Clerked for Judge Calvert Magruder on the First Circuit U.S. Court of Appeals (1952-1953) 

Clerked for Justice Felix Frankfurter at the U.S. Supreme court (1953-1954)

Attorney in the Tax Division of the U.S. Department of Justice arguing 8-9 cases in various Court of Appeals around the nation (1954-1955)

Served as an Administrative Assistant and top Congressional aid to Senator Matthew Nealy from West Virginia https://en.wikipedia.org/wiki/Matthew_M._Neely (1955)

Harvard Law School Professor and later Emeritus Professor (1959-2018)

Director of the Special Summer Program at HLS, funded by the Rockefeller Foundation which brought 40 African American college students to HLS to interest them in legal careers (1966)

Chairman of CLEO  a national organization devoted to the recruitment and training of minorities and economically disadvantaged individuals for careers in the law (1968-70)

Started one of the first courses in the country on welfare law (1968)

One of early founders of Salzburg Seminar and later asked to serve as faculty chair of the law session with the Salzburg Seminar (1971)

Trustee and later head of Trustees for Buckingham Brown & Nichols School (1969- 1975)

Member of the Mass Commission on Adoption and Foster Care (1970- 1973)

Chair of the Mass State Welfare Advisory Board (1975-1979)

Co-founded the Harvard Negotiation Project with several colleagues at HLS in 1979 which was renamed the Program on Negotiation (PON) in 1983 www.pon.harvard.edu 

Served on Harvard Mediation Program Advisory Board

Faculty chair of 1st dispute resolution session with the Salzburg Seminar (1982)

Chair of the HLS Committee on Educational Planning  to create a report that laid the basis for a $175 Million Capital Campaign  (1989-1994)

Harvard Law School Associate Dean (1987-2000)Founded the Senior Mediators Group to give practitioners a place to compare notes and to learn from each other (1987)  

Chair of the American Bar Association (ABA) special committee on dispute resolution (which later became the Standing Committee on Dispute Resolution and ultimately the Section on Dispute Resolution). Served as member of this committee for thirteen years from its inception in 1976-1989 and served as its Chairman from (1986-9) 

Served as special consultant to the ABA to assist it in putting on the Conference on the Resolution of Minor Disputes at Columbia Law School (1977) 

Prepared with Frederick Snyder and extensive bibliography on dispute resolution that was published by the ABA (1979) 

Served as Faculty Chairman for the first session on dispute resolution at the Salzburg Seminar in Austria (1982)

Served as Chairman of the Council on the Role of Courts, a group of 26 scholars, lawyers and judges seeking to delineate the proper function of courts in the U.S. (1980- 1984). Their report—the Role of Courts in American Society—was published in 1984 

Ran a workshop at HLS for law teachers interested in dispute settlement (1982).  The results of this workshop were published in the Journal of Legal Education (June 1984)  

Organized a conference at HLS on “Emerging ADR Issues in State and Federal Courts” and edited a volume growing out of that conference which was published by the ABA Litigation Section (1991)

Named to the Commission on the Future of Mass Courts by Paul Liacos Chief Justice of the Supreme Judicial Court of Massachusetts.  Frank’s role was to serve as co-chair of the Commission’s Task Force on Alternative Paths to Justice (1990)  

Helped to put on a conference at HLS on “Emerging ADR Issues in State and Federal Courts” including the lawyers changing role in dispute settlement and edited a volume growing out of the conference that was subsequently published by the ABA Section of Litigation (1991)

Invited with Emily to be a resident scholar at the Rockefeller Study Center in Bellagio Italy (1990).  Served as Vice chair of the Standing Committee on Dispute Resolution (1990-2002) appointed by the Mass Supreme Judicial Court as well as a member of the drafting committee of the Conference of Commissioners on Uniform State Law’s project to develop a Uniform Mediation Act

Member of the Commission on the Future of the Courts (1990-1993) appointed by the Chief Justice of Massachusetts (1990-1993) 

Invited by Law Council of Australia to give first international talk on dispute resolution at the 26th Australian Legal Convention in Sydney (1992) 

Presented on“Institutionalizing ADR: The Newest Challenge” Edward Donley Memorial Lectures at the West Virginia University College of Law (1992)

Served as Co-Chair of the Commission’s Task Force on Alternative Paths to Justice. Vice-Chair of the Standing Committee on Dispute Resolution appointed by the Supreme Judicial Court of Mass (1993-2003) 

Delivered the Earl F. Nelson Memorial Lecture at the University of Missouri-Columbia School of Law on “The Future of ADR” (1999)  

Gave “The State of ADR at the Beginning of the New Millennium” Bernie & Pearl Brotman Lecture at the University of Washington School of Law (2000) 

Spoke on“The Impact of Mediation: 20 Years after the Pound Conference—A Tribute to Prof Frank Sander” at the Ohio State University College of Law (2001)

Helped to found the clinical Mediation Program at HLS (2006)

Provided Perspectives on Dispute Resolution during a PON conference in Frank’s honor (April 28, 2006)

“I am a pessimist until a situation is alright and then I am an optimist. I am a glass is half full type.”

“We can argue about it or you can look it up”

“Cross that bridge when you get to it”

“Pull up your socks”

“I have bigger fish to fry” (explaining why he never had time to use a one hour gift certificate for a massage)

“You wouldn’t want a plumber to do brain surgery” (on the power of specialization)

“Let’s not make a federal case out of it”

“That is ludicrous”

“It’s not as simple as all that”

“That (book/movie/speech) needed a good editor”

“You are gaining altitude but losing speed”

“You are clearly well intentioned but ill informed”