BHI in Continuing
Legal Education

CLE Course: “Big Heart Intelligence in Negotiating, Structuring, Managing, and Resolving Disputes in Collaborative Relationships”— Part I in The Lawyer as an Innovator™ Series

Blog post by the Course Publisher

Link to the course on the CA Course list 
(type in “Big Heart” as keywords)

Presented by Julian Gresser, Chairman Alliances for Discovery

Course Description

  • Introduction. (Estimated time: 7 minutes)
  • Valuing Effective Collaboration: What is at stake? (law partnerships, strategic alliances, joint ventures, and other models)
  • What is Big Heart Intelligence (BHI)?
  • BHI as a state of enhanced vitality, empowerment, joy, perception, compassion, wisdom, balance, and flow
  • BHI, neuroscience, and neuro-cardiology
  • BHI in western jurisprudence (archetypal image of justice as blind, ethics, and Shakespeare)
  • Challenges and Opportunities for the Lawyer as an Innovator

I. Negotiating BHI Collaborations (12 minutes)

  • Seeing the Big Picture and Understanding Risk
  • Missions of service (Understanding the “pain” of the other)
  • Few Needs
  • No Assumptions/No Expectations
  • Embracing the ‘No’
  • Presence is All/Each Moment has Equal Dignity

Practice Module # 1: What do I Really Want?

Practice Module # 2: Going Behind the Mask: Negotiating with Shadow Players (Player Integrity Profiles)

II. Structuring Fourth Sector BHI Collaborations (15 minutes)

  • What is the Fourth Sector?
  • Benefit corporations and other hybrid structures
  • Designing BHI into the DNA of your partnership, strategic alliance, or joint venture
  • Creativity as a collaborative asset
  • Legal aspects on transdisciplinary collaboration and intertidal thinking
  • Collaborative IP—mega patents, patent pools, cross licensing
  • Negative examples of 20th century predatory (small hearted) law “partnerships”—10 frequent errors
  • WHIS as a prototype 21st century BHI Collaborative Innovation Network (COIN)
  • Example: BHI revenue sharing formula

III. Process: Managing BHI Collaborations (10 minutes)

  • Authentic Leadership
  • Building Strategic Trust and Integrity
  • Effective Communication
  • BHI and Collaborative Strategy
  • Healthy Workplaces
  • Maintaining Vitality and Preventing Burnout
  • CSR–Beyond Shared Value
  • BHI Organizational Vitality Quotient

IV. Strategic Alliance Mediation (SAM): Creating Value from Difference and Discord in Global Business (11 minutes)

  • Purpose of SAM
  • Dual role of the SAM
  • How BHI transforms SAM
  • How BHI/SAM can revitalize a strategic alliance
  • Helping the parties develop strategic trust
  • Practice Examples
  • Standard BHI SAM contractual clauses

V. Valuation and Metrics: Why BHI Collaborative Relationships Should Command a Premium (3 minutes)

VI. Final ReviewBHI–A New Frontier for Legal Innovation (2 minutes)


Excerpt from Margaret A. Salinger’sMy Life with J.D. Salinger” (2000) (p. 121) tenderly recounts her special relationship as a child of four with Judge Learned Hand, a man who embodied well the harmony of heart and mind:

“Judge Hand often took long walks with me. He’d ask me what I’d been thinking about lately and tell me what was on his mind. He listened with care and understanding, person to person, from the heart and from the mind. I didn’t have all the words for it at the time, but he gave me the feeling that I was a unique self who had a mind and feelings worth paying attention to, and worth the hard work of growing and thinking for myself, rather than becoming someone else’s dream. I was not surprised, years later, to come across a famous quotation of Judge Hand: “The spirit of liberty is the spirit which is not too sure that it is right.”

References and Sources:

Part I: Laughing Heart ; Big Heart Intelligence ; Alliances for Discovery

Part II: Julian Gresser, Piloting Through Chaos—The Explorers Mind (2013)

Part III: Julian Gresser, “Big Heart Intelligence and Corporate Destiny”  ; Fourth Sector 

Part IV: Julian Gresser, Patricia Bader-Johnston, William Moulton, “Beyond Shared Value—Character as Corporate Destiny” (Stanford Social Innovation Review June 2015) 

Burnout in the Legal Profession 

Sunday New York Times July 16, 2017 “The Lawyer, The Addict. B-2. 

Part V: Julian Gresser, European Journal of Law Reform, Vol. 2, 2000.Strategic Alliance Mediation: Creating Value from Difference and Discord in Global Business


Transdisciplinary Best Practices: “Towards an Inventory of Best Practices for Transdisciplinary Collaboration” Mauricio Mejía, Roger Malina, Andrés F. Roldán

© Copyright Julian Gresser and Alliances for Discovery, July 2017