Leonard J. Marcus (born 1952) is an American social scientist and administrator. He is director of the Program for Health Care Negotiation and Conflict Resolution at the Harvard T.H. Chan School of Public Health at Harvard University, and founding co-director of the National Preparedness Leadership Initiative, a joint program of the Harvard T.H. Chan School of Public Health and the Center for Public Leadership at Harvard's Kennedy School of Government.
Born in Milwaukee, Wisconsin, Marcus obtained his B.A. in social work and Hebrew in 1973 at the University of Wisconsin, where in 1974 he also obtained his M.S.W. in administration and psychotherapy. In 1983 he obtained his Ph.D. in Policy and Organization at the Florence Heller Graduate School for Advanced Studies in Social Welfare of the Brandeis University.
Since 1995 Marcus is director of the Program for Health Care Negotiation and Conflict Resolution at Harvard University, and also serves as lecturer on Public Health Practice. Since 2003 he is also co-director of the National Preparedness Leadership Initiative, a joint program of the Harvard School of Public Health and the John F. Kennedy School of Government. [1] Since 2003 he also is Co-Director of the National Preparedness Leadership Initiative.
He also served on the faculty of Health Sciences at Ben-Gurion University of the Negev, Israel, from 2010 to 2013. He has consulted to, trained, or provided executive coaching to leading health care organizations, including Kaiser-Permanente Health Plan, Beth Israel-Deaconess Medical Center (Boston), and the American Medical Association. In 1992, he co-founded Health Care Negotiation Associates, a national consulting, mediating, and training organization. His has lectured across North America, the Middle East, Eastern Europe, Latin America and the Caribbean.
Marcus' research interests have included implications of conflict in health care services, the uses of mediation for resolving health disputes, and the contributions of conflict resolution to error prevention and patient safety. He collaborated with the Massachusetts Board of Registration in Medicine to develop the Voluntary Mediation Program, the first initiative of its kind to mediate medical practice disputes directly between patients and physicians.
In recent years, Marcus' research, teaching, and consultation have played a key role in national and international terrorism preparedness and emergency response.[ citation needed ] He is considered[ by whom? ] a pioneer in the field of health care negotiation and conflict resolution.[ citation needed ] Marcus has developed a number of practical applications of mediation and conflict resolution.
Marcus has directed numerous projects intended to advance development of the negotiation, collaborative problem solving, and conflict resolution field applied to health related issues. At the Harvard School of Public Health, he has received funding support from, among others, William and Flora Hewlett Foundation, the National Institute for Dispute Resolution, the W.K. Kellogg Foundation, and the Robert Wood Johnson Foundation to develop a curriculum, research agenda, and conceptual and applied framework for the field.
Prior to being recruited by the federal government following 9/11, Marcus' primary work was in health care negotiation and conflict resolution. Marcus is founding Director of the Program for Health Care Negotiation and Conflict Resolution at the Harvard School of Public Health. He was the lead author of the primary text in the field, Renegotiating Health Care: Resolving Conflict to Build Collaboration. [2] The book was selected as co-recipient of the Center for Public Resources Institute for Dispute Resolution 1995 "Book Prize Award for Excellence in Alternative Dispute Resolution". In 1994, he co-authored "Mediating Bioethical Disputes: A Practical Guide". He has written for Newsweek, The Boston Globe, the AMNews as well as a number of scholarly journals. A second edition of the book, co-authored with Barry Dorn and Eric McNulty, was released in June, 2011.
At the National Preparedness Leadership Initiative, an initiative developed in collaboration with leadership of the Centers for Disease Control and Prevention (CDC), the White House Homeland Security Council, the United States Department of Homeland Security, and the Department of Defense, Marcus, along with colleagues Joseph Henderson and Barry Dorn, pioneered development of the conceptual and pragmatic basis for "meta-leadership"- "overarching leadership that strategically links the work of different agencies and levels of government", and "connectivity" – the coordination of "people, organizations, resources, and information to best catch, contain, and control a terrorist or other threat to the public's health and well-being." Their article, "Meta-Leadership and National Emergency Preparedness: A Model to Build Government Connectivity" [3] garnered significant attention. Subsequent development of meta-leadership was undertaken with Isaac Ashkenazi and Eric J. McNulty. [4]
Recent research activities have taken him to the center of leadership dilemmas facing emergency preparedness and response, from direct observation and in-the-moment interviews of central leadership during the 2005 Hurricanes Katrina and Rita on the Gulf Coast to the front lines of the Hezbollah-Israel war in 2006, the 2009 H1N1 influenza pandemic, 2010 Deepwater Horizon oil spill, 2013 Boston Marathon bombings, and 2014 Ebola outbreak. He is leading a five-year CDC project at Harvard and a three-year project with the CDC Foundation to take meta-leadership training to 36 locations throughout the country. [5] At the invitation of the President's Advisor on Homeland Security and Counterterrorism, he has lectured at the White House on meta-leadership to a cross section of senior federal department officials.
Articles, a selection:
Dispute resolution or dispute settlement is the process of resolving disputes between parties. The term dispute resolution is conflict resolution through legal means.
Mediation is a negotiation facilitated by a third-party neutral. It is a structured, interactive process where an impartial third party, the mediator, assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that they manage the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties. Due to its voluntary nature, a person cannot be compelled to use mediation to resolve their dispute. However, a suggestion from the Court may be difficult to resist.
The Federal Mediation and Conciliation Service (FMCS), founded in 1947, is an independent agency of the United States government, and the nation's largest public agency for dispute resolution and conflict management, providing mediation services and related conflict prevention and resolution services in the private, public, and federal sectors. FMCS is tasked with mediating labor disputes around the country; it provides training and relationship development programs for management and unions as part of its role in promoting labor-management peace and cooperation. The Agency also provides mediation, conflict prevention, and conflict management services outside the labor context for federal agencies and the programs they operate. The FMCS headquarters is located in Washington, D.C., with other offices across the country.
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 community. Founded in 1983 as a special research project at Harvard Law School, PON includes faculty, students, and staff from Harvard University, Massachusetts Institute of Technology, Tufts University, and Brandeis University.
The Mutual Gains Approach (MGA) to negotiation is a process model, based on experimental findings and hundreds of real-world cases, that lays out four steps for negotiating better outcomes while protecting relationships and reputation. A central tenet of the model, and the robust theory that underlies it, is that a vast majority of negotiations in the real world involve parties who have more than one goal or concern in mind and more than one issue that can be addressed in the agreement they reach. The model allows parties to improve their chances of creating an agreement superior to existing alternatives.
Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot come to an agreement short of litigation. However, ADR is also increasingly being adopted as a tool to help settle disputes within the court system.
A complaint system is a set of procedures used in organizations to address complaints and resolve disputes. Complaint systems in the US have undergone significant innovation especially since about 1970 with the advent of extensive workplace regulation. Notably in many countries, conflict management channels and systems have evolved from a major focus on labor-management relations to a much wider purview that includes unionized workers and also managers, non-union employees, professional staff, students, trainees, vendors, donors, customers, etc.
The Meta-leadership framework and practice method is designed to “provide guidance, direction, and momentum across organizational lines that develop into a shared course of action and commonality of purpose among people and agencies that are doing what may appear to be very different work.” Meta-leadership has been “derived through observation and analysis of leaders in crisis circumstances” starting with the September 11 attacks in the U.S.The focus on national preparedness has subsequently been distilled for more general application, though it remains useful to crisis leaders particularly given current and persistent natural and man-made threats requiring the coordination of multiple agencies and organizations in preparation, response, and recovery.
The Administration for Strategic Preparedness and Response (ASPR) is an operating agency of the U.S. Public Health Service within the Department of Health and Human Services that focuses preventing, preparing for, and responding to the adverse health effects of public health emergencies and disasters. Its functions include preparedness planning and response; building federal emergency medical operational capabilities; countermeasures research, advance development, and procurement; and grants to strengthen the capabilities of hospitals and health care systems in public health emergencies and medical disasters. The office provides federal support, including medical professionals through ASPR’s National Disaster Medical System, to augment state and local capabilities during an emergency or disaster.
Barry C. Dorn is an American physician who is Associate Director of the National Preparedness Leadership Initiative (NPLI), a joint program of Harvard T.H. Chan School of Public Health(HSPH) and the Center for Public Leadership at Harvard's John F. Kennedy School of Government and Associate Director of the Program for Health Care Negotiation and Conflict Resolution at HSPH. He is also an Instructor in Public Health Practice at HSPH and Clinical Professor of Orthopedic Surgery at the Tufts University School of Medicine. Additionally, he served on the Faculty of Health Services at Ben-Gurion University of the Negev, Israel from 2010-2013. Formerly, he practiced at Excel Orthopedic Specialists. He retired from medical practice in 2007. Dorn is among the leaders in the development of the health care negotiation and conflict resolution field.
Isaac Ashkenazi is an Israeli Professor of Disaster Medicine at Ben-Gurion University of the Negev in Israel and a consultant to Harvard University. He is considered one of the world’s foremost experts in medical preparedness for complex emergencies and disasters.
Lawrence E. Susskind is a scholar of conflict resolution and consensus-building in urban planning. He is one of the founders of the field of public dispute mediation and is a practicing international mediator through the Consensus Building institute. He has taught at the Massachusetts Institute of Technology since 1971, where he is Ford Professor of Environmental Planning.
A conflict is a situation, in which inacceptable differences in interests, expectations, values, and opinions occur in or between individuals or groups.
William Ury is an American author, academic, anthropologist, and negotiation expert. He co-founded the Harvard Program on Negotiation. Additionally, he helped found the International Negotiation Network with former President Jimmy Carter. Ury is the co-author of Getting to Yes with Roger Fisher, which set out the method of principled negotiation and established the idea of the best alternative to a negotiated agreement (BATNA) within negotiation theory.
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, 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 at Harvard Law School since 1994.
Allan Jeffrey Stitt is a chartered Canadian arbitrator, mediator and film producer. He is the president and CEO of ADR Chambers, a Canadian arbitration and mediation organization. Stitt is the recipient of the 2006 Ontario Bar Association Award of Excellence in Alternative Dispute Resolution. In 2022, Stitt was awarded an honorary Doctor of Laws from the University of Windsor Faculty of Law. As a movie executive producer, Stitt has also contributed to films including The Layover, The Birth of a Nation, Into the Forest, I Saw the Light, and Ithaca.
Michael A. Wheeler has taught negotiation at Harvard Business School in its MBA program, executive courses, and, more recently, its digital learning platform HBX. His work focuses on negotiation pedagogy, improvisation in complex dynamic processes, ethics and moral decisionmaking, and a range of alternative dispute resolution (ADR) processes. For twenty years he was the Editor in Chief of Negotiation Journal, published by the Program on Negotiation at Harvard Law School. As a LinkedIn Influencer, he has more than 200,000 followers. As a negotiation advisor, Wheeler has counseled corporate clients, trade organizations, and government agencies on issues in the United States and abroad.
Douglas Norman Frenkel is the Morris Shuster Practice Professor of Law at the University of Pennsylvania Law School.
David Alan Hoffman is an American attorney, mediator, arbitrator, author, and academic. He is the John H. Watson, Jr. Lecturer on Law at Harvard Law School. He is also the founder of Boston Law Collaborative. His TEDx talk on Lawyers as Peacemakers describes his decision to discontinue courtroom advocacy and focus exclusively on mediation, arbitration, and Collaborative law.