Survey of American Association of Law School Member
School’s ADR courses conducted from February 28, 2005 to June 16, 2005, for
educational purposes only.
The survey was performed by V. Michelle Obradovic,
Esq. Wise Resolution, LLC, Birmingham, Ala.
www.WiseResolution.com
All information and materials were collected from
the University’s official website.
Please contact the University or the Professor
directly for guidelines and permissions to use their class materials.
For comments or questions about this website -
Michelle may be contacted at Michelle@WiseResolution.com
or 205-602-5014.
Thank you for visiting the site and for your
interest in teaching Alternative Dispute Resolution!
|
|
Law
School Name |
Dean
of the Law School |
ADR
Faculty |
Courses |
Course
Descriptions, Links to Clinic Page, Links
to Downloaded Materials & Syllabi |
|
001
|
University of Akron, C.
Blake McDowell Law Center (AALS, 1974) |
Richard L. Aynes |
Molly
O'Brien Hoover Tracy
A. Thomas |
Alternative
Dispute Resolution Mediation
Skills Negotiation Law ADR |
Alternative Dispute Resolution Mediation
Skills |
001
|
002
|
Kenneth Randall |
Noah Funderburg |
Alternative Dispute Resolution (ADR) |
http://www.library.law.ua.edu/course/current/adr_nf.htm Link to Syllabus on School
Website |
002
|
|
003
|
Thomas F. Guernsey |
Timothy
D. Lytton |
Advanced Alternative Dispute
Resolution Techniques (Seminar) |
Advanced Alternative Dispute Resolution Techniques
(Seminar) |
003
|
|
004
|
Claudio
Grossman |
Sharp |
Alternative Dispute Resolution |
Alternative Dispute Resolution Society |
004
|
|
005
|
Patricia D. White |
Bruce Meyerson Art Hinshaw |
Alternative Dispute Resolution Conflict
Theory Seminar (L) Mediation
Clinic (L) |
005
|
||
006
|
Toni Massaro |
Winton
D. Woods http://www.law.arizona.edu/Faculty/getprofile.cfm?facultyid=49 |
|
006
|
||
007
|
University of Arkansas,
Fayetteville, Leflar Law Center (AALS, 1927) |
Richard
B. Atkinson |
|
|
|
007
|
008
|
University of Arkansas at Little Rock School of Law
(AALS, 1979) |
Chuck
Goldner |
|
Jack Bell / Nancy Mathews,
Mediation Clinic 324-9917 Mediation
Office Administrator 324-9939 |
008
|
|
009
|
GILBERT HOLMES gholmes@ubalt.edu |
Robert
Rubinson rrubinson@ubalt.edu |
|
009
|
||
010
|
Bradley
J.B. Toben |
Michael
Rogers |
Alternative
Dispute Resolution |
|
010
|
|
011
|
John
H. Garvey |
|
LL92501 Mediation (Gray Fall) LL92502 Mediation (Gray Spring) |
Dispute Resolution: ADR LL72601 Arbitration LL93001 Dispute Negotiation LL93002 Dispute Negotiation LL92501 Mediation LL92502 Mediation Articles: Lurking in the Shadow: The
Unseen Hand of Doctrine in Dispute Resolution |
011
|
|
012
|
Maureen
A. O’Rourke |
|
|
012
|
||
013
|
Brigham Young University, J.
Reuben Clark Law School (AALS, 1982) |
Kevin Worthen |
Gerald R. Williams |
Classes
Taught: Legal Negotiation & Settlement, Advanced Negotiation, Dispute
Resolution, International
Conflict Resolution |
013
|
|
014
|
Joan G. Wexler |
Bridget Regan mailto:bridget.regan@brooklaw.edu Marc Fleisher mailto:marc.fleischer@brooklaw.edu Dina R. Jansenson mailto:dina.jansenson@brooklaw.edu |
|
Divorce Mediation Workshop,
Mediation Skills,
Mediation Skills Workshop Alternative Dispute
Resolution Alternative Dispute Resolution in Europe (1) Divorce Mediation Workshop, Mediation Skills,
Mediation Skills Workshop |
014
|
|
015
|
State University of New York
at Buffalo School of Law (AALS, 1937) |
Niels
Olsen |
Suzanne E. Tomkins |
Faculty
advisor to the recently formed student group focusing on alternate dispute
resolution. The organization emerged as the result of the annual Mediation
Advocacy Competition conducted locally in conjunction with members of the
Erie County Bar Association's Mediation Committee. Finalists in the local
competition then compete at the regional level in the ABA-SPONSORED Mediation
Advocacy Competition |
|
015
|
016
|
Steven R. Smith |
Floralynn
Einesman Susan
Garrett Tilisha
Martin Katherine Morris Linda H. Morton Janet
Allen-Shaw Dina
Feldman-Scarr Linda C.
Fritz Gregg F. Relyea |
Advanced
Mediation Advanced
Mediation and Alternative Dispute Resolution Advanced
Mediation Advanced
Mediation Advanced
Mediation Mediation Mediation Mediation
and Alternative
Dispute Resolution Arbitration
Advocacy, Mediation Advocacy, and Alternative Dispute Resolution |
Downloads and Text Links to School Websites |
016
|
|
017
|
University of California at
Berkeley School of Law (AALS, 1912) |
Christopher Edley, Jr. |
Jessica
Notini Arlene
Kostant |
244.8
– Mediation 245
sec. 1 - Negotiations |
|
017
|
018
|
University of California at
Davis School of Law (AALS, 1968) |
Rex R. Perschbacher |
|
|
|
018
|
019
|
University of California,
Hastings College of the Law (AALS, Charter Member, 1900-1927; 1949)
|
Mary
Kay Kane |
REGULAR FACULTY Jo
Carrillo INFO Melissa Nelken
INFO CLINICS Anita Christine Knowlton INFO ADJUNCT FACULTY Fred D. Butler INFO George Coombe, Jr. INFO Ruth V. Glick INFO Howard A. Herman INFO Lucia Kanter INFO Susan Keel INFO Gail
Killefer INFO info@KilleferMediation.com Arlene Kostant INFO R. Elaine Leitner INFO Janet Martinez INFO David J. Meadows INFO Jessica Notini INFO Mark Portman INFO Martin Quinn INFO A. James Robertson INFO Ignazio Ruvolo INFO Bob Sammis INFO Gary Weiner INFO |
Negotiation Negotiation and Mediation ADVANCED
NEGOTIATION ALTERNATIVE DISPUTE RESOLUTION SEMINAR ALTERNATIVE DISPUTE RESOLUTION: Theory, Practice, and Policy ARBITRATION CIVIL JUSTICE MEDIATION CLINIC INTERNATIONAL COMMERCIAL ARBITRATION SEMINAR INTERNATIONAL LITIGATION AND ARBITRATION INTERNATIONAL
NEGOTIATION AND DISPUTE SETTLEMENT SEMINAR LAW & POLICY OF ALTERNATE DISPUTE RESOLUTION NEGOTIATION & MEDIATION: PROCESS & PRACTICE |
Center for Negotiation and Dispute Resolution ALTERNATIVE
DISPUTE RESOLUTION SEMINAR ALTERNATIVE DISPUTE
RESOLUTION: Theory, Practice, and Policy CIVIL
JUSTICE MEDIATION CLINIC INTERNATIONAL COMMERCIAL
ARBITRATION SEMINAR INTERNATIONAL LITIGATION AND
ARBITRATION INTERNATIONAL
NEGOTIATION AND DISPUTE SETTLEMENT SEMINAR LAW
& POLICY OF ALTERNATE DISPUTE RESOLUTION NEGOTIATION
& MEDIATION: PROCESS & PRACTICE PROBLEM
SOLVING & PROFESSIONAL JUDGMENT IN PRACTICE MOP Mediation observation Practice Negotiation Syllabus - Fall
2004 ALTERNATIVE DISPUTE RESOLUTION SEMINAR ALTERNATIVE DISPUTE RESOLUTION: Theory, Practice,
and Policy CIVIL JUSTICE MEDIATION
CLINIC INTERNATIONAL COMMERCIAL
ARBITRATION SEMINAR INTERNATIONAL LITIGATION AND
ARBITRATION INTERNATIONAL NEGOTIATION
AND DISPUTE SETTLEMENT SEMINAR LAW & POLICY OF ALTERNATE
DISPUTE RESOLUTION NEGOTIATION & MEDIATION:
PROCESS & PRACTICE |
019
|
020
|
University of California at
Los Angeles School of Law (AALS, 1952) |
Michael
H. Schill |
Forrest Mosten Russell Korobkin Katherine Stone |
Mediation Negotiation Private
Justice: The Law of Alternative Dispute Resolution |
Law
407 - Clinical: Mediation Law
409 & 409A - Clinical: Negotiation Theory and Practice |
020
|
021
|
Jack A. Guttenberg jguttenberg@law.capital.edu |
dispute-resolution@law.capital.edu Terrence Wheeler, Co-Director Roberta Mitchell, Co-Director Scot Dewhirst, Co-Director Merry Wieland, Training
Coordinator |
Intensive
Mediation Negotiation Basic
Mediation Becoming
a More Effective Mediation The
Business of Mediation Mediation
Ethics Workplace
Conflicts Concentration in: Dispute
Resolution |
The Center for Dispute
Resolution 909 Mediation Skills
Practicum Becoming a More Effective
Mediator |
021
|
|
022
|
Case Western Reserve
University Law School (AALS, Charter Member) |
Gerald Korngold |
Wilbur C. Leatherberry Calvin W. Sharpe Director
of the Center for the Interdisciplinary Study of Conflict and Dispute
Resolution |
Dispute
Resolution Dispute
Resolution |
|
022
|
023
|
The Catholic University of
America School of Law (AALS, 1921) |
William
F. Fox |
|
LAW
488: Introduction to Arbitration and Mediation LAW
628: Alternative Dispute Resolution Techniques LAW
629: Alternative Dispute Resolution Techniques LAW
688: Introduction to International Arbitration & Mediation LAW
726: Mediation & Arbitration Skills |
LAW 488: Introduction to Arbitration and Mediation LAW 628: Alternative Dispute Resolution Techniques LAW 629: Alternative Dispute Resolution Techniques LAW 688: Introduction to International Arbitration & Mediation |
023
|
024
|
Saul Levmore |
|
|
|
024
|
|
025
|
Chicago-Kent College of Law,
Illinois Institute of Technology (AALS, 1951) |
Dean
Sowle |
|
Law 427 ADR in the Workplace Law 575 Alternative Dispute
Resolution Law
502-535 In-House Clinical Programs Law 420 Mediation Law
429 Negotiations |
Law 575 Alternative Dispute Resolution |
025
|
026
|
Cleveland State University,
Cleveland-Marshall College of Law (AALS, 1970) |
Steven
H. Steinglass steven.steinglass@law.csuohio.edu |
Alan
Weinstein alan.weinstein@law.csuohio.edu |
Alternate
Dispute Resolution |
|
026
|
027
|
David Getches |
Emily Calhoun Christine A. Coates |
LAWS 7429 Alternate Dispute Resolution LAWS
7439 Mediation LAWS 8103 Alternate Dispute Resolution Ethics |
Colorado Law Mediation
Program (CLMP) LAWS 7429 Alternate Dispute Resolution |
027
|
|
028
|
David M. Schizer |
ADR
Faculty, Full Time Carol
Liebman George Bermann ADR
Faculty, Adjuncts Catherine Cronin-Harris Kathy J. Holub Lewis Kaden Elizabeth Plapinger David S. Ross Janice Tudy-Jackson |
cw_04F
L9239 001 cw_04F
L9239 002 L6609 TRANSNATIONAL
LITIGATION L8115 SEMINAR: NEGOTIATION
WORKSHOP L8115 SEMINAR: NEGOTIATION
WORKSHOP L9020 SEMINAR: NEGOTIATION
AND L9078 SEMINAR: ALTERNATIVE
METHODS OF L8115 SEMINAR: NEGOTIATION
WORKSHOP L8115 SEMINAR: NEGOTIATION
WORKSHOP |
ADR Curriculum at Columbia
School of Law Mediation Class 001 Mediation Class 002 ADR Curriculum at Columbia School of Law L6609 TRANSNATIONAL
LITIGATION L8115 SEMINAR:
NEGOTIATION WORKSHOP L8115 SEMINAR:
NEGOTIATION WORKSHOP L9020 SEMINAR:
NEGOTIATION AND L9078 SEMINAR:
ALTERNATIVE METHODS OF |
028
|
|
029
|
Phillip I. Blumberg |
James H. Stark Deborah A. Calloway |
Clinic: Mediation Negotiation Clinic: Mediation |
|
029
|
|
030
|
Stewart J. Schwab |
|
6731
Negotiation and Dispute Resolution |
030
|
||
031
|
Patrick J. Borchers |
Edward J. Birmingham Catherine M. Brooks Carol C. Knoepfler Larry L. Teply Terrance S. Dewald Ronald R. Volkmer Kenneth J. Melilli |
Legal Interviewing, Negotiation, and Counseling Alternate Dispute Resolution Mediation
Seminar Negotiating
for Lawyers |
031
|
||
032
|
Lisa Kloppenberg |
Diane Gentile Todd Carver The Honorable Sharon L. Ovington Richard Perna richard.perna@notes.udayton.edu Lisa Kloppenberg lisa.kloppenberg@notes.udayton.edu |
LAW 729 Negotiation/Mediation LAW 829 Alternative Dispute Resolution LAW 729 Negotiation/Mediation LAW 729 Negotiation/Mediation LAW 729 Negotiation/Mediation LAW 729 Negotiation/Mediation |
Descriptions of Advocacy and
Dispute Resolution Advocacy and Dispute
Resolution Appropriate Dispute
Resolution |
032
|
|
033
|
Mary
E. Ricketson |
Professor Jeff Hartje Penelope
(Ingber) Bryan EDWARD
A. DAUER |
Mediation/Arbitration
Clinic and Advanced Mediation Alternative
Dispute Resolution ALTERNATIVE
DISPUTE RESOLUTION |
ALTERNATIVE DISPUTE
RESOLUTION Link to School Website |
033
|
|
034
|
Glen Weissenberger |
Katheryn Dutenhaver Lynn Gaffigan H.
Roderic Heard Susan Walker |
Advanced
Mediation, Dispute Resolution, Dispute Resolution & the Health Care
Industry, Mediation, Negotiations Health
Care Mediation/Family Law Mediation Dispute
Resolution Dispute
Resolution / Commercial Arbitration |
The Interfaith Family
Mediation Project The Interfaith Family Mediation Project Dispute Resolution & the Health Care Industry Practice Skills Advanced Mediation |
034
|
|
035
|
Mark C. Gordon |
Craig
W. Lange Martin Reisig |
Alternative
Dispute Resolution Negotiation
Counseling |
|
035
|
|
036
|
David S. Walker |
David S. Walker |
Arbitration Mediation Negotiations |
|
036
|
|
037
|
Katharine T. Bartlett |
Robert
A. Beason Diane
Dimond René Stemple Ellis Neil Vidmar Paul
D. Carrington PATRICIA
M. WALD Francis
McGovern |
Seminar
on Negotiation 460.01 Negotiation
460.08 NEGOTIATION,
MEDIATION, and SETTLEMENT 460.09 Seminar
on Negotiation 460.07 Transnational
Dispute Resolution 356.01 Dispute
Resolution 526.01 |
Negotiation 460.01 Transnational Dispute Resolution 356.01 037 Carrington - Future of ADR.pdf 037 Wald - ADR and the Courts.htm |
037
|
|
038
|
BAD WEB ADDRESS |
|
|
|
038
|
|
039
|
Thomas
C. Arthur |
Michael J. Broyde |
Alternative
Dispute Resolution Mediation Negotiations |
039
|
||
040
|
Donald J. Weidner |
Tahirih V. Lee |
Alternative Dispute Resolution Mediation Theory and Practice |
040
|
||
041
|
|
Don Peters Alison Gerencser |
LAW 6940 - Mediation Clinic LAW 6383 - Mediation & Other Dispute Resolution Processes LAW 6940 - Mediation Clinic |
Institute for Dispute Resolution Link to School Site |
041
|
|
042
|
William
Treanor |
John
D. Feerick Constantine
N. Katsoris Jacqueline
Nolan-Haley Joseph
Sweeney Romaine
Gardner Marcella
Silverman ADJUNCTS: Marti
Granizo-O'Hare |
|
The Fordham School of Law
Dispute Resolution Society |
042
|
|
043
|
|
Roger H. Trangsrud |
|
|
Consumer Mediation Clinic |
043
|
044
|
Daniel D. Polsby |
Jeffrey S. Parker Ernie DuBester |
ALTERNATIVE DISPUTE RESOLUTION MEDIATION |
Alternative Dispute Resolution Society: 2005-2006:
President: Erika Alston (malston@gmu.edu)
| Treasurer: Isaac Patterson (ipatters@gmu.edu) |
044
|
|
045
|
Alexander
Aleinikoff |
Lesser Anne
B. Thomas Jennifer
G. Brown Sara
Thacker Cathy
A. Costantino Carrie
J. Menkel-Meadow & Sara
Thacker & Lukasz
Rozdeiczer Melissa
G. Reinberg Lukasz
Rozdeiczer Nancy
F. Lesser Carrie
J. Menkel-Meadow Michael
K. Lewis & Linda
R. Singer Rogers |
Alternative
Dispute Resolution Seminar Alternative
Dispute Resolution Seminar Alternative
Dispute Resolution: Theory, Practice, and Policy Negotiations
Seminar Mediation
Seminar Mediation
Workshop Mediation
Seminar Multi-Party
Dispute Resolution Seminar: Consensus Building and Other Negotiation
Processes Negotiation
and Mediation in Public Interest Law Settings Negotiations
and Mediation Seminar Negotiations
and Mediation Seminar Negotiations
and Mediation Seminar Negotiations
and Mediation Seminar Negotiations
Seminar |
Alternative Dispute Resolution Seminar Alternative Dispute Resolution Seminar Alternative Dispute Resolution: Theory, Practice, and
Policy Multi-Party Dispute Resolution Seminar: Consensus
Building and Other Negotiation Processes Negotiation and Mediation in Public Interest Law
Settings Negotiations and Mediation Seminar Negotiations and Mediation Seminar Negotiations and Mediation Seminar |
045
|
|
046
|
Rebecca
Hanner White |
Alexander
W. Scherr Patricia
Barron |
5220.
Law and Diplomacy Seminar 5730.
Dispute Resolution 5870.
Environmental Dispute Resolution 5730.
Dispute Resolution Negotiation
and Counseling |
5220.
Law and Diplomacy Seminar |
046
|
|
047
|
Steven
J Kaminshine |
Robert
Nelson Leitch Douglas
H. Yarn Eric J. Segall |
7060
ALT DISPUTE RESOLUTION 7061
ADV ALTERNATE DISPUTE RESOLUTION 8008
- Alternative Dispute Resolution Externship |
Consortium on Negotiation and Conflict Resolution Consortium on Negotiation and Conflict Resolution 8008 - Alternative Dispute Resolution Externship |
047
|
|
048
|
Frederic
White |
J. Lani Bader Allan Brotsky Markita D. Cooper Christine C. Pagano |
ALTERNATIVE
DISPUTE RESOLUTION DISPUTE
RESOLUTION DISPUTE
RESOLUTION DISPUTE
RESOLUTION & MEDIATION |
|
048
|
|
049
|
Earl F. Martin |
Larry Weiser James R. McCurdy jmccurdy@lawschool.gonzaga.edu |
ALTERNATIVE
DISPUTE RESOLUTION ENVIRONMENTAL DISPUTE RESOLUTION LITIGATION
& DISPUTE RESOLUTION SKILLS |
ALTERNATIVE DISPUTE RESOLUTION ENVIRONMENTAL DISPUTE RESOLUTION LITIGATION & DISPUTE RESOLUTION SKILLS |
049
|
|
050
|
Jon
Garon |
ADR
Faculty at Hamline: DRI
Director James
Coben DRI
Senior Fellows: Ken
Fox David
Larson Barbara
"Bobbi" McAdoo Giuseppe
De Palo Other
Hamline Faculty Larry
Bakken David
Cobin Joseph
Daly William
Martin Marilynne
Roberts Peter
Thompson Howard
J. Vogel Kitty
Atkins Sharon Press Joseph Stulberg Timothy
Hedeen Marilynne
Roberts Leah
Wing David
Larson Alexander
Blumrosen Carole
Houk Marjorie
Corman Aaron Julia
Ann Gold Michael
D. Lang Susan
Daicoff Zena
Zumeta Carole
Houk Ellen
Deason Marjorie
Corman Aaron Marilynne
Roberts Brian
Polkinghorn Forrest
(Woody) Mosten |
Mediation Mediation Theories
of Conflict Negotiation Race
and ADR ADR
& Technology 2005 Domestic Course Offerings: Arbitration Better
than Tort Reform Decision
Tree Analysis for Lawyers and Neutrals Dispute
Resolution Practices Distance
Learning Seminar: Forging the Link Between Conflict Resolution Theory and
Practice The
Comprehensive Law Movement: Infusing Social Science Wisdom into the Delivery
of Legal Services Family
Mediation Health
Care Conflict Resolution Systems Design Mediation Mediation
Representation Negotiation Theories
of Conflict Unbundled
Legal Services |
Dispute Resolution Institute (DRI) Surfing
the Web for Alternative Dispute Resolution Information: American Arbitration Association American Bar Association: Dispute
Resolution Assocation of Conflict Resolution Center for Information
Technology and Dispute Resolution CPR Institute for Dispute
Resolution Collaborative Law (International
Academy of Collaborative Professionals) International Chamber of
Commerce Dispute Resolution Services London Court of International
Arbitration Mediation Information and Resource
Center National Association for Community
Mediation National Association of Securities
Dealers (Dispute Resolution) Victim Offender Mediation Association World Intellectual Property
Organization Arbitration and Mediation Center Decision Tree Analysis for Lawyers and Neutrals Distance Learning Seminar: Forging the Link Between
Conflict Resolution Theory and Practice The Comprehensive Law Movement: Infusing Social Science Wisdom into the
Delivery of Legal Services Health Care Conflict Resolution Systems Design |
050
|
|
051
|
Elena Kagan |
Faculty: Robert Bordone John Cratsley |
|
An inter-university (Harvard, MIT, Tufts)
research center dedicated to improving the theory and practice of negotiation
and dispute resolution. D I S P U T E |
051
|
|
052
|
University of Hawaii William
S. Richardson School of Law (AALS, 1989) |
Aviam
Soifer |
Williamson
B.C. Chang John
L. Barkai |
Mediation
Clinic Negotiation
and Alternative Dispute Resolution |
Research/Original Thought Papers Cross Cultural Negotiation
Handout Handout at 1/3/03 ADR
Workshop Teaching Negotiation and ADR: Negotiation and Alternative Dispute Resolution Negotiations
& ADR - Law 508 Research/Original Thought Papers Negotiation
& ADR Handouts Cross Cultural Negotiation Handout Handout at 1/3/03 ADR Workshop Teaching Negotiation and
ADR: |
052
|
053
|
Interim Dean Alan Resnick |
Lynn
Anders Robert
A. Baruch Bush Andrew Schepard |
Mediation
Principles and Practice MEDIATION CLINIC ADVANCED MEDIATION SEMINAR NEGOTIATION, MEDIATION, AND THE FAMILY LAWYER ALTERNATIVE DISPUTE RESOLUTION |
Articles: Institute for the Study of
Conflict Transformation at Hofstra School of Law www.transformativemediation.org. Mediation Principles and Practice NEGOTIATION, MEDIATION, AND THE FAMILY LAWYER Institute for the Study of
Conflict Transformation at Hofstra School of Law ALTERNATIVE DISPUTE
RESOLUTION WHEN WINNING ISN'T
EVERYTHING: THE LAWYER AS PROBLEM SOLVER Mediation:
Principles and Practice |
053
|
|
054
|
Nancy Rapoport |
Thomas Newhouse |
White
Dispute Resolution Center Mediation
Clinic |
054
|
||
055
|
Kurt
L. Schmoke |
Homer
C. LaRue |
ADR Clinic |
JOANN
FELD |
055
|
|
056
|
Don
Burnett |
Lela
Love Robert
Collins Jeff
Kichaven & Lee Jay Berman Diana
Mercer |
Northwest Institute for
Dispute Resolution SPECIALTY
COURSES: Negotiation
and Alternative Dispute Resolution |
Northwest Institute for Dispute Resolution Negotiation and Alternative Dispute Resolution Syllabus for Advanced
Family Mediation Syllabus for Heavy Metal
Mediation |
056
|
|
057
|
University of Illinois
College of Law (AALS, Charter Member) |
Heidi M.
Hurd |
Michael
H. LeRoy James
A. Knecht |
Dispute
Resolution Alternative Dispute Resolution |
057
|
|
058
|
Indiana University School of
Law, Indianapolis (AALS, Charter Member) |
Anthony
A. Tarr |
John
L. Krauss |
Mediation Alternative
Dispute Resolution |
|
058
|
059
|
Indiana University School of
Law-Bloomington (AALS, Charter Member) |
Lauren
Robel |
Amy
G. Applegate Susan Lucille Macey Leonard
Fromm Faculty
Interested in Alternative
Dispute Resolution Terry
A. Bethel Leonard
Fromm Edwin
H. Greenebaum Michael
Jenuwine Susan Lucille Macey |
Domestic
Relations Mediation Family
and Mediation Law Clinic Mediation Negotiations |
Family
and Children Mediation Clinic Family and Children Mediation Clinic |
059
|
060
|
|
Josephone
Gittler Gerald
B. Wetlaufer Margaret
F. Brinig |
Mediation
Review Mediation:
Theory and Practice Mediation
Advocacy Negotiations Alternative Dispute Resolution Methods |
Link
to the ADR Home
Page Mediation:
Theory and Practice Mediation
Advocacy Alternative Dispute Resolution Methods |
060
|
|
061
|
|
|
|
061
|
||
062
|
Stephen R. McAllister |
Sandra Craig McKenzie Stephen J. Ware |
Alternative
Dispute Resolution Alternative
Dispute Resolution |
|
062
|
|
063
|
Allan
W. Vestal |
|
Alternative
Dispute Resolution |
What Is Mediation And Why
Should You Care Medication Management
Services for Seniors |
063
|
|
064
|
John
J. Costonis |
|
|
064
|
||
065
|
James Huffman |
Brunet Joshua Kadish Lin Harmon-Walker |
Alternate Dispute Resolution Mediation and Negotiation Skills Seminar Family Mediation Seminar Environmental Mediation and Negotiation Seminar |
Mediation and Arbitration in
Oregon: A Realism for Reid: Mediated
but Direct Alternative Dispute Resolution Mediation and Negotiation Skills Seminar Environmental Mediation and Negotiation Seminar |
065
|
|
066
|
Laura
F.Rothstein |
Michael
R. Fowler |
Dispute
Resolution Negotiations |
066
|
||
067
|
David
N. Yellen |
Theresa
C. Ceko Corinne
Levitz & Michael
Nathanson Michael
Nathanson & Juliana
Wiggins Stratton |
International
Negotiation Skills Mediation
Seminar Child and Family Law Mediation Mediation Practicum |
International Negotiation Skills |
067
|
|
068
|
David
W. Burcham |
Mary
Culbert - Director Marta
S. Gallegos Gabriela
De Anda Sara
Campos Monica
Ruvalcaba Gerken Fernando
Meza Damon
Huss |
Alternative
Dispute Resolution DISPUTE
RESOLUTION PROCESSES SEMINAR MEDIATION MEDIATION
ADVOCACY MEDIATION
AND NEGOTIATION MEDIATION
SEMINAR |
Community Conflict Resolution Clinic Clinic Policies and
Procedures Clinic Policies and Procedures Alternative Dispute Resolution |
068
|
|
069
|
Brian
Bromberger |
Bobby
Marzine Harges |
|
Basic Divorce Mediation Training Advanced Divorce Mediation Training Basic Divorce Mediation
Training |
069
|
|
070
|
Colleen
A. Khoury |
Lois
R. Lupica |
Alternative
Dispute Resolution Negotiation |
Alternative Dispute Resolution |
070
|
|
071
|
Joseph
D. Kearney |
Janine
P. Geske Jay E.
Grenig Andrea
K. Schneider andrea.schneider@marquette.edu Howard
Bellman Joanne
Lipo Zovic |
Mediation Clinic Alternative
Dispute Resolution NEGOTIATION Mediation NEGOTIATION |
Alternative Dispute
Resolution ADR Brochure Alternative Dispute Resolution |
071
|
|
072
|
|
Roger Wolf Louise Phipps Senft Robert Condlin & Donald Gifford & Steven Schwinn |
Mediation Clinic Alternative Methods of Dispute
Resolution Conflict Resolution in Health
Care Alternative Methods of Dispute
Resolution Mediation: Practice and Theory Negotiation |
Center for Dispute
Resolution at the University of Maryland Alternative Methods of
Dispute Resolution Conflict Resolution in
Health Care Alternative Methods of
Dispute Resolution Mediation: Practice and
Theory Center for Dispute Resolution
at the University of Maryland Alternative Methods of Dispute Resolution Conflict Resolution in Health Care Alternative Methods of Dispute Resolution |
072
|
|
073
|
McGeorge School of Law,
University of the Pacific (AALS, 1974) |
Elizabeth Rindskopf Parker |
Edwin Villmoare Gregory S. Weber Lawrence C. Levine George Harris Jed Scully Warren A. Jones |
Alternative Dispute Resolution Arbitration & Mediation |
Dispute Resolution Center
(DRC) Mediator and Meeting-Facilitator Services Alternative Dispute Resolution Dispute Resolution Center (DRC) Mediator and Meeting-Facilitator Services |
073
|
074
|
The University of Memphis
Cecil C. Humphreys School of Law (AALS, 2001) |
James R. Smoot |
|
|
|
074
|
075
|
Daisy Hurst Floyd |
Alice Baker |
Alternate
Dispute Resolution, Negotiation |
Introduction to Dispute Resolution This one-week workshop explores the many alternative ways of resolving
disputes, particularly negotiation. Divorce Mediation The course is designed to enable students to develop skills needed by
attorneys or mediators in mediations of divorce issues, including child
custody, visitation, property division, and alimony. The course will
consider, in addition to the skills of mediation, distinctions between
mediation and other forms of settling disputes and substantive law issues
relevant to mediation, such as confidentiality of the process and product of
mediation. For students who do not meet the attendance requirement, a
research paper is required. Domestic Relations is a prerequisite. |
075
|
|
076
|
Dennis
O. Lynch |
RICHARD WILLIAMSON
rwilliam@law.miami.edu MELVIN RUBIN JANET SEITLIN |
ALTERNATIVE
DISPUTE RESOLUTIONS A
MEDIATION B
MEDIATION |
076
|
||
077
|
The University of Michigan
Law School (AALS, Charter Member) |
Evan
H. Caminker |
Laurence
D. Connor Zena
Zumeta & David A.
Santacroce |
|
Alt Dispute
Resolution |
077
|
078
|
Terence
L. Blackbur |
Mary A.
Bedikian Theodore
H. (Terry) Curry |
Alternative
Dispute Resolution Program |
ADR
and Ethics ADR
in the Workplace ADR
Survey (now known as Problem-Solving Approaches to Conflict Resolution) Alternative
Dispute Resolution Mediation
Advocacy Negotiation ADR Schedule from
past conference ADR Survey (now known as Problem-Solving Approaches to Conflict
Resolution) Alternative Dispute Resolution |
078
|
|
079
|
Alex M.
Johnson, Jr. |
Ralph
F. Hall & Frankman |
Alternative
Dispute Resolution & Negotiation
Seminar |
079
|
||
080
|
SAMUEL
M. DAVIS |
|
Alternative
Dispute Resolution |
|
080
|
|
081
|
Jim
Rosenblatt |
|
Alternative
Dispute Resolution |
Alternative Dispute Resolution |
081
|
|
082
|
University of
Missouri-Columbia School of Law (AALS, Charter Member) |
|
Leonard
L. Riskin James
Levin John
Lande Robert
G. Bailey Melody
R. Daily Philip
J. Harter Ilhyung
Lee Margaret
E. McGuinness Richard
C. Reuben Jennifer
K. Robbennolt Rodney
J. Uphoff Jim
Westbrook |
|
Center for the Study of Dispute Resolution Mindfulness in Law and Dispute Resolution 082 The contemplative Lawyer
- Riskin.htm Center for the Study of Dispute Resolution Alternative Dispute
Resolution Section of the Association of American Law Schools 082
Bailey Syllabus Arbitration.htm 082
Cohen Syllabus Negotiation.htm 082
Cohen Syllabus Reconciliation.htm 082
Cole Syllabus Commercial & Labor Arbitration.htm 082
Cole Syllabus Lawyering in DR.htm 082
Deason Syllabus Comparative DR.htm 082
Drahozal Syllabus Commercial Arbitration.htm 082
Folberg Syllabus Mediation.htm 082
Gunsalus Syllabus Negotiation.htm 082
Harter Syllabus Public Policy DR.htm 082
Heinsz Syllabus Lawyering & DR.htm 082
Korobkin Syllabus Negotiation.htm 082
Lande Syllabus Lawyering.htm 082
Lande Syllabus Non-Binding.htm 082
Menkel Meadow Multi-Party DR Negotiation.htm 082
Menkel Meadow Prof ID & Ethics.htm 082
Menkel-Meadow ADR Theory-Practice-Policy.htm 082
Menkel-Meadow Negotiation Intensive.htm 082 Menkel-Meadow
Negotiation.htm 082
Morton Syllabus Adv Mediation.htm 082
Morton Syllabus Probem-Solving Health-Care.htm 082
Peppet Syllabus Negotiation.htm 082
Reuben Syllabus Conflict Theory.htm 082
Reuben Syllabus Conflict Theory.htm 082
Riskin Syllabus Understanding Conflict.htm 082
Robbennolt Syllabus Prog Eval.htm 082
Schmitz Syllabus Ethics in ADR.htm 082
Schmitz Syllabus Senior Seminar.htm 082 Schneider Syllabus
ADR.htm 082
Schneider Syllabus Negotiation.htm 082
Sternlight Syllabus Arbitration.htm 082 Sternlight Syllabus
DR.htm 082
Strickland Syllabus ADR Comparative Study.htm 082
Young Syllabus ADR Survey.htm 082
Young Syllabus Cert Civil Mediation.htm |
082
|
083
|
University of
Missouri-Kansas City School of Law (AALS, 1938) |
Ellen
Suni |
|
Alternative
Dispute Resolution Mediation |
083
|
|
084
|
E.
Edwin Eck |
Lusse |
Alternative
Dispute Resolution NEGOTIATION Advanced
Family Law Mediation Mediation
Clinic |
084
|
||
085
|
University of Nebraska
College of Law (AALS, 1905) |
Steven
L. Willborn |
Alan Frank David
M. Landis |
Alternative
Dispute Resolution Mediation Negotiations |
Alternative Dispute Resolution |
085
|
086
|
University of Nevada, Las
Vegas, William S. Boyd School of Law |
Richard
J. Morgan |
|
Alternative
Dispute Resolution Practicum Students
engage in simulated situations involving various means of alternative dispute
resolution in action, including simulated forms of mediation, arbitration,
and various hybrids of ADR. Mediation This
course examines the theory, practice, and public policy of mediation.
Focusing particularly on issues of relevance to attorneys representing
clients in mediation, the course will include. simulations. Negotiations This
course examines the theory, practice, and public policy of negotiation.
Focusing particularly on issues of relevance to attorneys representing
clients in negotiation, the course will include numerous simulations. |
|
086
|
087
|
John
F. O'Brien |
Russell
Engler |
Negotiation/ADR Alternative
Dispute Resolution Mediation MEDIATION
CLINIC |
|
087
|
|
088
|
|
Scott
Hughes Mark
D. Bennett John
Taichert Feldman David
Peter Levin Nan
G. Nash |
|
·
Basic
Mediation Basic Mediation Registration
Form ·
Family
Mediation Family Mediation
Registration Form ·
Advanced Mediation Advanced Mediation
Description |
088
|
|
089
|
Richard
A. Matasar |
Lawrence
Grosberg & Gary
Tidwell |
Alternative
Dispute Resolution |
089
|
||
090
|
Richard
Revesz |
Sarah
E. Burns & Ray
Kramer Kathleen
Roberts |
|
Mediation Clinic & Mediation
Clinic Seminar Alternative
Dispute Resolution & Alternative Dispute Resolution 090 ADR Course Introduction and
Syllabus Fall 2004.doc 090 ADR Course Introduction and
Syllabus Spr 2005.doc |
090
|
|
091
|
LeRoy
Pernell |
Leona
S. Green |
Mediation Clinic |
091
|
||
092
|
Northern Kentucky
University, Salmon P. Chase College of Law (AALS, 1984) |
Gerard
A. St. Amand |
|
Alternative Dispute Resolution |
092
|
|
093
|
Gene
Nichol |
Phillips |
Legal Dispute Mediation Alternative Dispute Resolution |
093
|
||
094
|
Paul
A. LeBel paul.lebel@thor.law.und.nodak.edu |
|
|
|
094
|
|
095
|
Northeastern University
School of Law (AALS, 1945, closed 1956; Reopened 1968; 1970) |
EMILY A. SPIELER |
|
Alternative Dispute Resolution Negotiation |
095
|
|
096
|
Northwestern University
School of Law (AALS, Charter Member) |
David
Van Zandt |
Lynn
P. Cohn |
Negotiations & Mediation
Process |
Program
on Negotiation and Mediation Externships in Mediation |
096
|
097
|
Patricia
A. O’Hara |
|
|
|
097
|
|
098
|
Nova Southeastern University
Shepard Broad Law Center (AALS, 1989) |
Joseph
D Harbaugh |
Rochelle
Marcus & Tetunic,
Fran |
|
Alternative Dispute Resolution Mediation
Theory and Practice Negotiating
Workshop JUVENILE
MEDIATION PROGRAM Alternative Dispute Resolution 098 Rochelle Marcus
Mediation Class Schedule.doc 098 Rochelle Marcus
Mediation Theory and Practice.doc 098 Tetunic - Mediation Syllabus.pdf |
098
|
099
|
Ohio Northern University,
Pettit College of Law (AALS, 1965) |
David
C. Crago |
|
Alternative Dispute Resolution |
099
|
|
100
|
The Ohio State University
College of Law (AALS, Charter Member) |
Nancy Hardin Rogers |
Nancy Hardin Rogers WEB Ellen
E. Deason WEB Mary
Ellen O'Connell WEB Joseph B. Stulberg WEB Joseph B. Stulberg WEB Sarah Rudolph Cole WEB & Amy Cohen WEB Ellen
E. Deason WEB & Carole
Hinchcliff WEB Hébert Christopher Fairman WEB Charles
E. Wilson WEB |
Alternative Dispute Resolution Dispute
Resolution Elective Courses (some): Advanced Studies in Dispute Resolution Comparative Dispute Resolution Dispute System Design Inter-Ethnic Conflict Resolution Seminar International Dispute Resolution Jurisprudence and ADR Seminar Lawyering within Dispute Resolution Processes Legal Negotiations Mediation Issues Seminar/Practicum Multi-party Mediation Practicum ADR in the Workplace ADR
Ethics Advanced
Issues in ADR |
Alternative Dispute
Resolution 100 6 Yr
Perspective Report 2005.pdf 100 Model Standards of Conduct for ADR.pdf Ohio State Journal on
Dispute Resolution (JDR) Model Standards of Conduct
for ADR Schwartz
Lecture on Dispute Resolution: 2004-05
- Russell Korobkin, Professor of Law at UCLA, “Psychological Impediments to
Mediation Success: A Theoretical Look at Practical Problems” 2003-04 -
Francis McGovern, Professor of Law at
Duke University, entitled "Strategic Mediation" 2002-03 -
Christine Chinkin,
Professor of Law at the London School of Economics, "Gender, Human Rights, and
Peace Agreements" 2001-02
Lecture was delivered by I. William Zartman,
Jacob Blaustein Professor of International Organization and Conflict
Resolution, and Director of African Studies and Conflict Management Programs
at Paul H. Nitze School of Advanced International Studies (SAIS), Johns
Hopkins University Alternative Dispute Resolution Advanced Studies in Dispute Resolution Comparative Dispute Resolution Inter-Ethnic Conflict Resolution Seminar International Dispute Resolution Lawyering within Dispute Resolution Processes Mediation Issues Seminar/Practicum |
100
|
101
|
Andrew
M. Coats |
|
Alternative Dispute Resolution Negotiation, mediation and arbitration; includes
court-ordered arbitration, mini-trials, summary jury trials and other formal
and informal means of resolving disputes short of formal court adjudication. |
|
101
|
|
102
|
|
Phyllis
E. Bernard Ann D. Marshall |
The
Law of Alternative Dispute Resolution Client Representation in Mediation |
Alternative
Dispute Resolution The Law of Alternative Dispute
Resolution Syllabus Client Representation in
Mediation Syllabus |
102
|
|
103
|
|
Keith
Aoki Jane
Gordon Tom
Lininger Jim
Melamed Joe
Metcalfe Michael
Moffitt |
Philosophy
of Conflict Resolution Perspectives
on Conflict Resolution Negotiation,
Bargaining and Persuasion Cross
Cultural Dynamics in Conflict Resolution Mediation
Skills Mediation Alternative
Dispute Resolution Survey |
Philosophy of Conflict Resolution Perspectives on Conflict Resolution Negotiation, Bargaining and Persuasion |
103
|
|
104
|
Stephen
J. Friedman |
Eugene
I. Farber |
Mediation |
|
104
|
|
105
|
University of Pennsylvania
Law School (AALS, Charter Member) |
Michael
A. Fitts |
Douglas
Frenkel & Nancy
C. Kraybill & Michele
Goldfarb |
Mediation
and Other Alternatives to Litigation |
105
|
|
106
|
The Pennsylvania State
University, Dickinson School of Law (AALS, 1912-1924 resigned; 1934) |
Philip
McConnaughay |
Nancy
A. Welsh Director
of the Center for Dispute Resolution Robert
M. Ackerman Thomas
E. Carbonneau |
Center
for Dispute Resolution Mediation Negotiation |
The World Arbitration and
Mediation Report List of World ADR Links Certificate in Dispute Resolution and Advocacy |
106
|
107
|
Kenneth
W. Starr |
Roger
P. Alford & Jack
J. Coe, Jr. L. Randolph Lowry Antonio Mendoza Antonio.Mendoza@pepperdine.edu Robert F. Cochran, Jr. Anthony Miller John P. McCrory Peter
Robinson Maureen
Arellano Weston |
The
Orange County Academic and Professional Skills Program in Dispute Resolution
2004 – 2005 Mediation
Seminar Cross-Cultural
Negotiation and Dispute Resolution Commercial
and International Dispute Resolution Selected
Issues in Dispute Resolution: Labor Disputes Certificate
Program Master's
Degree Program LL.M.
Program Joint
Master of Dispute Resolution and Juris Doctor Joint
Master of Dispute Resolution and Master of Public Policy Degree Program Alternative Dispute Resolution
Processes Cross-Cultural Negotiation and
Dispute Resolution Dispute Resolution Clinic Dispute Resolution and Religion Dispute Resolution in Education Domestic Relations in Dispute
Resolution Environmental and Public Policy
Dispute Resolution Mediation Negotiation and Settlement
Advocacy |
Straus Institute for Dispute
Resolution Dispute Resolution Employment Opportunities Links to Dispute Resolution
Employment Resources The 2005 Asian Dispute Resolution Study Tour Straus Institute for Dispute
Resolution The Orange County Academic and Professional Skills Program in Dispute
Resolution 2004 – 2005 Cross-Cultural Negotiation and Dispute Resolution Commercial and International Dispute Resolution Selected Issues in Dispute Resolution: Labor Disputes Joint Master of Dispute Resolution and Juris Doctor Joint Master of Dispute Resolution and Master of Public Policy Degree
Program Alternative Dispute Resolution Processes Cross-Cultural Negotiation and Dispute Resolution Dispute Resolution and Religion Dispute Resolution in Education Domestic Relations in Dispute Resolution Environmental and Public Policy Dispute Resolution Negotiation and Settlement Advocacy The 2005 Asian Dispute Resolution Study Tour |
107
|
|
108
|
University of Pittsburgh
School of Law (AALS, Charter Member) |
David J. Herring |
|
Pat K. Chew |
Master of Laws Program (MSL)
: Dispute Resolution Alternative
Dispute Resolution Alternative
Dispute Resolution Practicum
International
Civil Dispute Resolution Alternative Dispute Resolution Negotiating Business and Commercial Transactions |
108
|
109
|
In Spanish |
|
|
|
109
|
|
110
|
Brad Saxton |
Jennifer
Gerarda Brown Carolyn Wilkes Kaas Harry
Mazadoorian harry.mazadoorian@quinnipiac.edu William Logue |
Alternative
Dispute Resolution Mediation
Seminar & Mediation
Externship Mediation
Advocacy: Representing Clients in Mediation |
Center
On Dispute Resolution Alternative
Dispute Resolution Mediation
Seminar |
110
|
|
111
|
University of Richmond, The
T. C. Williams School of Law (AALS, 1920) |
Rodney
A. Smolla |
Joel
B. Eisen |
Environmental
Dispute Resolution Alternate
Dispute Resolution Negotiation |
|
111
|
112
|
Rutgers, The State
University of New Jersey School of Law, Camden (AALS, 1946) |
Rayman
Solomon |
Caroline
Petrilla Caroline.Petrilla@opd.state.nj.us Fox & Sandra
Gavin & Steve
Goldberg & Jack
M. Sabatino & Vincent
Viniar & Yearwood Sanford
M. Jaffe & Linda
Stamato |
ADVANCED
MEDIATION ALTERNATIVE
DISPUTE RESOLUTION Articles: Dispute Resolution and the
Glass Ceiling: Ending Sexual Discrimination at the Top CONFLICT RESOLUTION: How It
Can Be Applied To Planning Issues Conflict Resolution and
Public Policy: Two Decades of Experience Some Words on the
(En)lightening Lunch session: Issues and Developments in
Negotiation and Conflict Resolution Research and
Practice Conflict and your Career Women are less likely to
Negotiate |
Center for Negotiation and Conflict Resolution BIG
NEW SITE: Association for Conflict Resolution NEGOTIATION, LAW AND POLICY:
MANAGING CONFLICT IN PUBLIC CONTEXTS 112 Article - Conflict and
your Career.htm 112 Stamato Article 03.htm.pdf 112 Stamato Article 04.htm.pdf 112 Stamato Article 05.htm.pdf 112 Article - Women are less
likely to Negotiate.pdf Knowledge, Conflicts, and Solutions Community Dispute Resolution
Committee Pro Bono Mediation Project ALTERNATIVE DISPUTE RESOLUTION Center for Negotiation and Conflict Resolution Community Dispute Resolution Committee Pro Bono
Mediation Project Article
by Abromson: Will Alternative Dispute Resolution Succeed Where
the Courts. Have Not? Other Found Articles of Interest: |
112
|
113
|
Rutgers. The State University of New Jersey, S.I.
Newhouse Center for Law & Justice (AALS, 1946) |
Stuart
L. Deutsch |
|
ALTERNATIVE
DISPUTE RESOLUTION MEDIATION NEGOTIATIONS |
ALTERNATIVE DISPUTE RESOLUTION |
113
|
114
|
Mary C. Daly |
Paul
F. Kirgis & Scott E. Mollen |
ALTERNATIVE DISPUTE RESOLUTION (ADVOCACY AND LEGAL SKILLS |
114
|
||
115
|
Saint Louis University
School of Law (AALS, 1924) |
Jeffrey
E. Lewis |
Rebecca
Magruder Susan
A. FitzGibbon |
Applied Mediation Skills Alternative
Dispute Resolution |
Mediation Article: |
115
|
116
|
St. Mary's University of San
Antonio School of Law (AALS, 1949) |
R.
William Piatt |
Wilson,
William Annette
Wilson |
Mediation Negotiation |
Centre for Effective Dispute
Resolution |
116
|
117
|
Robert
A. "Bob" Butterworth |
|
Alternative
Dispute Resolution |
Alternative Dispute Resolution |
117
|
|
118
|
John L. Carrol |
Micko |
Mediation |
|
118
|
|
119
|
Daniel
B. Rodriguez |
|
Negotiation |
119
|
||
120
|
Jeffrey Brand |
Robert Barrett |
|
California
Dispute Resolution Institute California Dispute Resolution Institute Alternative Dispute Resolution Training Article: |
120
|
|
|
Law
School Name |
Dean
of the Law School |
ADR
Faculty |
Courses |
Course
Descriptions, Links to Clinic Page, Links
to Downloaded Materials & Syllabi |
|
121
|
Donald J. Polden |
E. Gary Spitko & Clark
Freshman John
Williams http://www.williamsmediation.com/ & Darshan
Brach John
Williams & Kandis
Scott & Robert
Cullen & Elizabeth
Williams Elizabeth@williamsmediation.com |
ADR
in Patent Cases Dispute
Resolution Mediation: Theory and Practice Negotiation |
Mediation: Theory and Practice |
121
|
|
122
|
Kellye Testy |
Melinda Branscomb |
Dispute Resolution & Negotiation and Mediation |
Seattle University School of Law |
122
|
|
123
|
Patrick
E. Hobbs |
Hedges,
Ronald J. Kelly, Kevin Garrett
Edward Brown, Jr. Richard
Chang |
DISPUTE
RESOLUTION PROCESSES MEDIATION
AND THE SETTLEMENT PROCESS FAMILY
MEDIATION NEGOTIATION NEGOTIATION,
MEDIATION AND ARBITRATION |
MEDIATION AND THE SETTLEMENT PROCESS NEGOTIATION, MEDIATION AND ARBITRATION |
123
|
|
124
|
Burnele Venable Powell |
W. Scott Lewis W. Lewis Burke James F. Flanagan |
Alternative Dispute Resolution |
USC Spartanburg opens Center for Mediation Alternative Dispute Resolution Alternative Dispute Resolution in Employment Law Article:
Examining ADR in
International Business |
124
|
|
125
|
Barry
Vickrey |
Patrice H. Kunesh |
Alternative Dispute Resolution |
|
125
|
|
126
|
James J. Alfini |
R. Hanson Lawton |
Alternative Dispute Resolution |
Alternative Dispute Resolution Article: |
126
|
|
127
|
Matthew
L. Spitzer |
Alex Polsky Gillian Hadfield |
Alternative Dispute Resolution Law and Policy of Alternative Dispute Resolution |
127
|
||
128
|
Peter
C. Alexander |
Suzanne J. Schmitz |
Introduction to ADR Advanced ADR ADR Clinic |
Agricultural Mediation
Program Fact Sheet Self Help Legal Center of Southern Illinois Alternative Dispute Resolution Clinic Agricultural Mediation
Program Fact Sheet Self Help Legal Center of Southern Illinois Article: |
128
|
|
129
|
Southern Methodist
University, Dedman School of Law (AALS, 1929) |
John B. Attanasio |
Colatrella,
Michael T., Jr. |
Alternative Dispute Resolution |
Alternative Dispute Resolution |
129
|
130
|
Leigh Taylor |
Isabelle
Gunning & Ronald
G. Aronovsky |
Alternative Dispute Resolution |
130
|
||
131
|
Larry Kramer |
Jan
Martinez & Maude
Pervere Deborah
Hensler Janet
Cooper Alexander & Byron
Bland & Deborah
Hensler Susan
Liautaud Dana
Curtis Simao
Avila & Julie
Kennedy & Jan
Martinez & Ralph
Pais & Maude
Pervere |
Advanced
Negotiation Alternative Dispute Resolution Interdisciplinary
Seminar in Conflict and Negotiation International
Conflict Mediation Negotiation |
Alternative Dispute Resolution Interdisciplinary Seminar in Conflict and Negotiation Martin Daniel Gould Center for Conflict Resolution Programs Mediation & Mediation Advocacy Training Program
Offered at Gould Articles: CDRC STANDARDS
OF PRACTICE
FOR CALIFORNIA
MEDIATORS 131
- Article - Rules of Conduct for Mediators in Court.doc Mediation Ethics
Hypotheticals 131 - Article - Excerpts Roles
Ethics Practice.doc Martin Daniel Gould Center
for Conflict Resolution Programs Mediation & Mediation
Advocacy Training Program Offered at Gould |
131
|
|
132
|
Darby
Dickerson |
Toby
Isaacson |
|
CERTIFIED COUNTY MEDIATOR GRANADA, SPAIN CERTIFIED COUNTY MEDIATOR International Dispute Resolution Guardianship Mediation Brochure Seminars Advocacy in Mediation |
132
|
|
133
|
Robert H. Smith |
R.
Lisle Baker Robert
Smith & Ericka
Gray |
Mediation
Seminar Mediation |
ALTERNATIVE
DISPUTE RESOLUTION RESEARCH GUIDE |
133
|
|
134
|
Hannah
R. Arterian |
Christine Hickey Margaret
M. Harding & Patricia Hassett |
Mediation
and Family Law Alternative
Dispute Resolutions Mediation
Assistance Program |
Alternative Dispute Resolutions |
134
|
|
135
|
Robert
J. Reinstein |
Richard
B. Cappalli rcappali@vm.temple.edu |
Alternative
Dispute Resolutions SMALL
CLAIMS MEDIATION |
Alternative Dispute Resolutions |
135
|
|
136
|
University of Tennessee
College of Law (AALS, Charter Member) |
Thomas
C. Galligan, Jr. |
Doug
Blaze blaze@libra.law.utk.edu |
Mediation
Clinic |
|
136
|
137
|
Walter
Burl Huffman |
Larry
Spain |
Advanced
Alternative Dispute Resolution Clinic |
Advanced Alternative Dispute
Resolution Clinic Advanced Alternative Dispute Resolution Clinic |
137
|
|
138
|
William
C. Powers, Jr. |
John S Dzienkowski JDZIENKOWSKI@MAIL.LAW.UTEXAS.EDU Cynthia Bryant |
Alternative
Dispute Resolution |
Center for Public Policy
Dispute Resolution Alternative Dispute Resolution Center for Public Policy Dispute Resolution |
138
|
|
139
|
Phillip
J. Closius |
Robin M. Kennedy Maara Fink Benjamin
Davis |
Dispute
Resolution Clinic Mediation
and Settlement NEGOTIATION
AND SETTLEMENT |
ADVANCED DISPUTE RESOLUTION CLINIC |
139
|
|
140
|
|
Harold
I. Abramson Darren
Johnson |
|
|
140
|
|
141
|
Lawrence
Ponorof |
William
R. Pitts Edward Sherman Julie
H. Jackson Paul
Barron |
Alternative Dispute Resolution & Alternative Dispute Resolution Seminar Mediation Negotiation
& Mediation Advocacy |
Alternative Dispute Resolution & |
141
|
|
142
|
Butkin |
|
Mediation |
142
|
||
143
|
Scott
M. Matheson, Jr. |
James
R. Holbrook |
MEDIATION
/ ADVANCED NEGOTIATION MEDIATION CLINIC |
MEDIATION / ADVANCED NEGOTIATION |
143
|
|
144
|
Jay
Conison |
Barbara Schmidt |
|
144
|
||
145
|
KENT
D. SYVERUD |
CHRIS GUTHRIE CHRIS GUTHRIE |
Dispute
Resolution Seminar Dispute
Resolution Systems LAW
801: Negotiation LAW
796: Negotiation |
|
145
|
|
146
|
Laura
Davidson |
Belinda
Sifford Philip J. Harter L.
Randolph Lowry |
Alternative Dispute Resolution ENVIRONMENTAL
DISPUTE RESOLUTION Negotiation |
Alternative Dispute Resolution ENVIRONMENTAL DISPUTE RESOLUTION |
146
|
|
147
|
Mark
A. Sargent |
Abraham J. Gafni Christine Mooney |
Dispute Resolution & Negotiation
& Mediation Advocacy Mediation Practicum |
& |
147
|
|
148
|
John
Jeffries |
|
Alternative Dispute Resolution Alternative Dispute Resolution: Mediation Alternative Dispute Resolution; REPRESENTING
CLIENTS IN MEDIATION |
Alternative Dispute Resolution Alternative Dispute Resolution: Mediation Alternative Dispute Resolution; REPRESENTING CLIENTS IN MEDIATION |
148
|
|
149
|
Robert
K. Walsh |
|
Mediation Negotiation |
|
149
|
|
150
|
Dennis R. Honabach dennis.honabach@ washburn.edu |
Loretta W. Moore loretta.moore@ washburn.edu |
Mediation & Alternative Dispute Resolution |
& Alternative Dispute Resolution Article: Court-Ordered Mediation of
Custody Disputes Under the Kansas Statutes THE FEMINIST DILEMMA OF
FAMILY LAW MEDIATION |
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CDR
Faculty: RICHARD
BIRKE David
S. Clark James
A. R. Nafziger Edwin
J. Peterson Susan
L. Smith Leroy
J. Tornquist LYNN
COX |
NEGOTIATION WORKSHOP MEDIATION WORKSHOP AN ORIENTATION IN DISPUTE RESOLUTION & THE
LAWYERING PROCESS DISPUTE RESOLUTION INTERNATIONAL LAW & DISPUTE RESOLUTION ADVANCED TOPICS IN CONFLICT THEORY |
AN ORIENTATION IN DISPUTE RESOLUTION & THE LAWYERING PROCESS INTERNATIONAL LAW & DISPUTE RESOLUTION ADVANCED TOPICS IN CONFLICT THEORY Welcome
to the Simulation Bank – Requires a $75 annual fee |
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Marshall-Wythe School of Law (AALS, 1936) |
W.Taylor Reveley III |
Baker, Greg Erin Ryan Rubin, Mark |
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Negotiation/Mediation |
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Christine D. Ver Ploeg |
Alternative
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Mediation |
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Hongju Koh |
Jennifer
Brown |
Alternative
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Alternative Dispute Resolution Article: Economic Rationales for
Mediation Quinnipiac-Yale Dispute
Resolution Workshop |
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Yeshiva University, Benjamin
N. Cardozo School of Law (AALS, 1983) |
David
Rudenstine |
Kukin Faculty: Harold
I. Abramson Simeon
H. Baum Barry
Berkman Adam
Berner June
Jacobson James
A. Kornbluh Michael
Lang Lela
P. Love Susan
T. Mackenzie Ray
Patterson Curtis
Pew
Daniel
M. Weitz |
Conflict
Resolution Courses |
Kukin Program for Conflict Resolution Kukin Program for Conflict Resolution |
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V. BAKER King JON POWELL |
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James M. Klein Robert L. Cowles & Dan Warner |
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ALTERNATIVE DISPUTE RESOLUTION SYLLABUS Syllabus CIVIL DISPUTE RESOLUTION 174 - Article - Overall Talk
2003.ppt Mediation in Lithuania ALTERNATIVE DISPUTE
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Mediation Skills for IP and Commercial Disputes John Paul Jones
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Article: Pursuing Transparency
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Theory & Practice |
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Theory & Practice |
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Mark W. Morris & Pamela Stanback Glean |
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***************************************************************001
A survey of the alternatives to
litigation available for resolving disputes.
Prerequisite:
602. The lawyer's role as a negotiator in planning negotiations and
determination of strategies to effect objects, weighing legal, economic,
behaviorist, ethical and social factors that condition outcomes.
***************************************************************002
J. Noah Funderburg
Senior Assistant Dean for Administration
Room 107 Conferences by appointment only
please
Office Phone: 348-4509
Office Fax: 348-5680
Textbooks:
Alternative
Dispute Resolution: The Advocate’s Perspective, Second Edition by Brunet and
Carver
Getting to
Yes, Second Edition by Fisher, Ury and Patton
Course
Objectives: This course provides an overview of the various forms of dispute
resolution mechanisms thought of as alternatives to the traditional litigation
model for resolving disputes. Since the underpinning of any dispute resolution
involves negotiation to some extent, we will begin our journey with negotiation
and move on to explore mediation and arbitration with some depth followed by a
lighter examination of a variety of other ADR processes.
Course
Methodology: We will employ discussion, rather than lecture or strict Socratic
dialogue, as the primary means of reviewing material. We will facilitate
discussion using questions posed by the authors of our primary text. We will
complement classroom discussion with in-class and out-of-class role-play
exercises. This is a hands-on class, so be prepared to participate in front of
the class. We will engage in some exercises in several class sessions. Given
that we meet only once a week, I believe the reading assignments are realistic
and students are presumed to have read all materials assigned. Students
sometimes will be given advance assignments and others will be selected at
random for classroom discussion. I expect all students to be prepared to lead
or participate in knowledgeable discussions in every class.
Examination:
The course examination may include a combination of objective (True/False,
Short Answer, or Multiple Guess) questions to test depth of knowledge and essay
questions to test knowledge and analytical ability. A choice between
alternative essay questions may be used on the exam. I will give an in-class,
closed book exam. Anyone typing an exam must use the ExamSoft software.
Grading
Policy, I will grade using the Law School’s plus/minus grading system without
the use of any grading curve.
Attendance
Policy: We will follow the Law School policy on attendance. Attendance at all
classes is required. A student may miss class only for good cause. A student
missing more than three class hours per semester hour (3 x 2 = 6 hours or 3
classes for this course) may be dropped from the class roll.
Food and
beverages: Please observe Law School policy on bringing beverages into class.
Food never is allowed.
Use of
Electronic Devices: You are welcome to use a laptop computer or other
electronic device to take notes and to display class preparation materials. Use
of any electronic device during class is restricted to class-related uses.
Playing computer games, checking email, instant messaging, and surfing the
Internet are not considered class-related. Cell phones should be turned off at
the beginning of class and remain off during class. The following is a proposed
outline of how the course will develop, but assignments may vary depending upon
class interests, the availability of outside speakers, and the depth of
discussion for any one topic. I prefer understanding of material versus a
speedy run through a survey of materials.
January 11, 2005 Overview of ADR;
Settling Disputes
Chapter 1 Brunet and Carver
Getting to Yes, Fisher, Ury and Patton
(pp. 1-94)
January 18, 2005 Ugli Orange exercise
Getting to Yes (pp. 97 – end)
January 25, 2005 Chapter 2 – Negotiation
Overview Brunet and Carver
Chapter 3 - Negotiation Stages
Class exercises
February 1, 2005 Chapters 4 Negotiation
Games/Techniques
Chapter 5 Negotiator Ethics
February 8, 2005 Chapter 6
Stages of Mediation
Mediator Ethics
February 15, 2005 Chapter 7
Various Uses of Mediation
February 22, 2005 Mediation exercises in
class
March 1, 2005 Mediation in Alabama –
Guest speaker
§6-6-20 Alabama Code
Alabama Civil Court Mediation Rules
Mediator Registration
Code of Ethics for Mediators
March 8, 2005 Chapter 8 Overview of
Arbitration
Chapter 9 Preemption and Relevance of
State Law
March 15, 2005 Chapter 10 Arbitration
and Roles of Courts
March 22, 2005 Chapter 11 Various Uses
of Arbitration
April 5, 2005 Chapter 12 Arbitration
Procedure and variants
April 12, 2005 Chapter 13 Court annexed
alternatives
April 19, 2005 Summary Jury Trial video
Course review
***************************************************************002
Assistant Dean Funderburg
Spring 2005
Getting to Yes
Wise Agreement
·
Meets legitimate interests of each side
·
Resolves conflicting interests fairly
·
Is durable
·
Takes community interests into account
Positional Bargaining
·
Arguing over positions produces unwise agreements
·
Arguing over positions is inefficient
·
Arguing over positions endangers ongoing
relationships
Soft vs Hard Style
·
Participants are friends
·
Goal is agreement
·
Make concessions to cultivate relationship
·
Soft of people and problem
·
Trust others
·
Change your position easily
·
Make offers
·
Participants are adversaries
·
Goal is victory
·
Demand concessions as condition of relationship
·
Hard on people and problem
·
Distrust others
·
Dig in to your position
·
Make threats
Soft vs. Hard style
·
Disclose your bottom line
·
Accept one-sided losses
·
Insist on agreement
·
Avoid contest of will
·
Yield to pressure
·
Mislead as to you bottom line
·
Demand one-sided gains
·
Search for single answer you will accept
·
Insist on your position
·
Try to win contest of will
·
Apply pressure
Principled Negotiation
·
Separate people from the problem
·
Focus on interests not positions
·
Invent options for mutual gain
·
Insist on using objective criteria
Stages of Principled Negotiation
·
Analysis
·
Planning
·
Discussion
Separate People from Problem
·
Negotiators are people first
·
Negotiator interested in:
·
Substance
·
Relationship
·
Positions become entangled with the relationship
Solving People Problems
·
Perceptions
·
Conflict exists in people’s heads
·
Put yourself in their shoes
·
Page 24 example
·
Don’t deduce intentions from your fears
·
Page 25 example
·
Don’t blame them for your problem
·
Discuss each other’s perceptions
·
Act inconsistently with their perceptions
·
Give them a stake in the outcome
·
Face-saving
Solving People Problems
·
Emotions
·
Recognize your and their emotions
·
Write down emotions and what you wish they were
·
Make emotions explicit/acknowledge as legitimate
·
Allow other side to let off steam
·
Don’t react to emotional outbursts
·
Use symbolic gestures
Solving People Problems
·
3 Problems in Communication
·
Parties are not talking to each other
·
Not hearing the other side
·
Misunderstanding
·
Solutions to Problems
·
Speak to be understood
·
Speak about yourself, not them
·
Speak for a purpose
Solving People Problems
·
Prevention works best
·
Build a working relationship
·
Arrive early, stick around afterwards
·
Try to get to know other party
·
Face the problem, not the people
·
Two sailors in a lifeboat
Focus on Interests, Not Problems
·
Two men arguing over an open window in the public
library
·
I want fresh air
·
I don’t want a draft
·
Solution - Open window in adjoining room
Focus on Interests, Not Problems
·
Interests define the problem
·
Needs
·
Desires
·
Concerns
·
Fears
·
Interests are the silent movers behind positions.
Why Does Reconciling Interests Resolve Conflicts?
·
For every interest, there likely exists several
possibilities to meet the interest
·
For every opposed position, there likely are many
more interests than just the conflicting interests
Example: You rent a house
·
What are you interests?
·
What are the landlord’s interests?
·
Is there common ground?
How do you identify interests?
·
Ask “Why?”
·
Ask yourself that question
·
Perhaps ask the other side
·
Ask “Why Not?”
·
What is the other side expecting me to ask?
·
Why won’t they give me what I want?
How do you identify interests?
·
Realize each side has multiple interests
·
The most powerful interests are basic human
interests
·
Peace/well-being/safety
·
Security
·
Recognition
·
Economic well-being
How do you identify interests?
·
Make a list
·
You may re-write your description of various
interests as you learn more about them
·
Order them by importance, and be flexible to
re-order them as you learn more about them
·
How do you identify interests?
·
Acknowledge their interests
·
This gives opening to ask about other possible interests
·
Put the problem before your answer
·
Construction company example.
·
Your interests first/conclusions last
How do you identify interests?
·
Look forward, not back
·
Rather than ask about what happened yesterday, ask,
“Who should do what tomorrow?”
·
Be concrete, but flexible - illustrative flexibility
·
Be hard on the problem, soft on people
·
Support & Attack - cognitive dissonance. Support people equal to attacking problem
Invent Options for Mutual Gain
·
Expand the pie - create new options
·
Expanding the pie
·
Expand the pie
·
Obstacles that inhibit creating options
·
Premature Judgment
·
Searching for the single answer
·
Assuming there is a fixed pie., Viewed as fixed or zero-sum game
·
Thinking solving their problem is their problem
Prescription for inventing options
·
Separate inventing from deciding
·
Brainstorming session with friends
·
Don’t criticize
·
Don’t evaluate
·
Find most promising solutions
·
Improve on other good ideas
·
Finalize list and evaluate
·
Consider brainstorming with other side
Circle Chart - page 68
·
Look for Mutual Gain
·
Not a fixed pie of solutions
·
Identify shared interests
·
Latent in every negotiation
·
Opportunities/not godsends
·
Stressing interests makes negotiations smoother
·
Dovetailing differing interests page 74
·
Ask for their preferences
·
Low cost to me - high cost to them
Make their decision an easy one
·
Whose shoes - who do you want to influence
·
What decision- give them an answer rather than a
problem
·
Threats are not enough
·
Understand how they will perceive the solution you
suggest. Put yourself in their shoes
Insist on Using Objective Criteria
·
Fair Standards
·
Fair Procedures -
·
dividing a piece of cake
·
Flipping a coin
·
Drawing lots
·
Third party chooses
·
Last best offer arbitration
Insist on Objective Criteria
·
Make it a joint search for criteria
·
Begin negotiations by agreeing on standard to be
applied
·
Never yield to pressure
·
BATNA
·
Best Alternative to a Negotiated Agreement
·
Not a bottom line - too inflexible
·
Plan ahead for BATNA
·
Use a trip-wire
·
A BATNA is to help you avoid making a mistake
***************************************************************002
Characteristics of Mediation
·
Facilitated Negotiation
·
Party Control and empowerment
·
Private
·
Legal subservience
·
Consensual
·
Promotes common interests
·
Empowerment and recognition
Styles of Mediation
·
Substance-oriented mediation
·
Process-oriented mediation
·
Transformative mediation
Styles of Mediation
·
Information Centered Mediation
·
Process Centered Mediation
Styles of Mediation
·
Evaluative
·
Facilitative
·
Transformative
Questions
·
If the client is at the center of the process
(Brand), how does this impact the lawyer’s duty to zealously represent her client?
·
In facilitative/process centered mediations, should
the mediator ignore or involve the lawyer?
Stages of Mediation
·
Preliminary Stage
·
Mediator Selection
·
http://www.mediatorindex.com/
·
http://alabamaadr.org/flashSite/rosters/mediator.cfm
·
What style mediator?
·
What level of expertise, if any, needed?
·
Co-mediators??
·
Court-appointed
Stages of Mediation
·
Preliminary Stage
·
Initial Session
·
Caucusing
·
Mediating process
·
Closing
Preliminary Stage
·
Timing of initial mediation intervention
·
Too early, not enough information
·
Too late, invested in positions and costs
·
Party and mediator preparation
·
Prepare your client regarding process
·
Discuss role you and client each will take
·
Prepare yourself as for negotiation
Preliminary Stage continued
·
3. Preliminary mediator-party contact
·
Important for mediator to avoid appearance of
bias/favoritism
·
Lawyers should have a prepared overview of the case
to share during first contact
·
The Initial Session
·
1. Neutral
location
·
What shape table
·
Who is in control
·
Overview of mediation
·
Stress confidentiality
·
Summary of position by each side
The Mediating Process
·
1. Active
listening
·
Venting
·
Generate options
·
Passive approach when parties negotiate well
·
Clients present or not? Why?
The Caucus
·
Need party agreement to use this process
·
Can be isolated or become shuttle diplomacy
·
Maintaining confidences after caucus
·
Caucus may help identify intra-group conflicts
The Closing Stage
·
Always commit the terms to writing
·
Who drafts the agreement?
·
What if there is no agreement?
Confidentiality
·
Imposed on the mediator
·
Imposed on the parties
·
Created by agreement
·
Created by rule or statute
Lawyer’s Role in Mediation
·
Should lawyers be present?
·
Kaiser Foundation v. Doe p. 237
·
What should the lawyer have done differently, if
anything?
·
What should the plaintiff’s lawyers done
differently, if anything?
Mediator Ethics and Professionalism
·
Impact of self-determination
·
Mediator must be impartial
·
Disclosure of conflicts of interest
·
Must be competent for the needs of the mediation
·
Protect confidentiality
Mediator Immunity
·
Should mediators have immunity?
·
Pros
·
Cons
·
Is there a difference between private and
court-appointed mediators?
·
Wagshal v. Foster
p. 257
***************************************************************003
Advanced Alternative
Dispute Resolution Techniques (Seminar)
Credits (elective)
Builds on foundation
developed in Alternative Dispute Resolution. Explores practical applications of
ADR principles, current trends, and usage in actual disputes. Develops skills
necessary to make ADR a viable alternative or complement to litigation. Prerequisite:
Alternative Dispute Resolution
Alternative Dispute
Resolution (Seminar)
Credits (elective)
Examine methods other than
trial for resolving disputes. Covers negotiation, mediation, arbitration, and
group facilitation. Emphasizes practical skills, policy analysis, and
theoretical considerations.
Mediation
Credits (elective)
(formerly Mediation
Assistance Program) Provides 25 hours of training equivalent to the New York
State Unified Court System training program for community mediators. Prepares
students to serve as court-affiliated mediators and to counsel clients more
effectively regardless of their area of law.
***************************************************************004
***************************************************************005
Alternative Dispute Resolution
SLine #: 96474
Course Prefix: LAW-702
Course Section: A
Credit Hours: 2
Instructor(s): Meyerson
Course Description:
This survey course will
comprehensively examine the use of alternative methods to resolve disputes.
Students will become familiar with negotiation, mediation, arbitration, and
other alternatives to litigation. In addition to studying the law and theory
applicable to alternative dispute resolution ("ADR"), students will
engage in simulations of negotiations and mediations. The course will also
explore the use of ADR in areas outside of the judicial system.
Additional Information:
Credit Hours: 2
Grading Option: Graded -
Pass / Fail Option Available
Graduation Writing
Requirement: No
Seminar Writing
Requirement: No
Final Exam Given: No
Conflict Theory Seminar (L)
SLine #: 54676
Course Prefix: LAW-791
Course Section: J
Credit Hours: 2
Instructor(s): Hinshaw II
Course Description:
Conflict Theory, unlike
conflict resolution courses, focuses on conflict before resolution strategies
are considered. Thus, the class concentrates on the sources and nature of
conflict – how and why it escalates, de-escalates, or persists, and the
conditions under which it can be constructive or destructive.
The class is designed to
give students a better understanding of the meaning and dynamics of conflict to
broaden a student’s understanding of the law and lawyering beyond the mere
application of legal doctrine. In particular, the class can help students (1)
achieve greater understanding and empathy for the non-legal pressures on future
clients, and (2) gain deeper insights into which processes and remedies might
be most effective in addressing a future client’s needs and interests.
Additionally, the class can give students a fuller perspective of their place
as lawyers in society and how they may serve in that role more constructively.
Additional Information:
Credit Hours: 2
Grading Option: Graded -
Pass / Fail Option NOT Available
Graduation Writing
Requirement: No
Seminar Writing
Requirement: Yes
Limited Enrollment Number:
15
Final Exam Given: No
Paper or In-Class Presentation:
Yes
Participation Points: Yes
Mediation Clinic (L)
SLine #: 43503
Course Prefix: LAW-775
Course Section: A
Credit Hours: 4
Instructor(s): Hinshaw II
Course Description:
The Mediation Clinic
provides a unique opportunity for students to learn about alternatives to
litigation while gaining practical experience in the mediation process. In this
clinic, students will learn mediation skills and study alternative dispute
resolution processes during class hours, while attending mediation sessions, either
as an observer or as the third-party neutral, outside of class hours. The
objectives of the Mediation Clinic include helping students develop a broad
perspective of the role of law and lawyers in our society, a better
understanding of alternative dispute resolution (ADR) processes, and enhanced
skills in communication, negotiation and problem-solving. The instructors use
an interdisciplinary approach, and a limited number of graduate students from
disciplines outside the law school will be allowed to enroll each semester.
Students should expect to spend, on average, 4-5 hours per week on out-of-class
assignments, either serving as a co-mediator in a local Justice Court,
observing professional mediations, or participating in other dispute resolution
programs on and off campus. To schedule these out-of-class assignments,
students must have at least 2 four-hour blocks of free time-any combination of
full mornings (8 AM-noon) or afternoons (1-5 PM) available during business
hours each week. In addition, classes meet twice a week, and there will be two
all-day training workshops on Saturdays early in the semester. Attendance is
mandatory for all classes, as well as the two workshops. There will be no final
examination, but students will be asked to write reflective essays following
each of their out-of-class experiences, and there are a number of short writing
assignments during the course of the semester.. NOTE: For purposes of law
school lottery enrollment rules, the Mediation Clinic is classified as a skills
course rather than as a clinic.
Additional Information:
Credit Hours: 4
Grading Option: Pass /
Fail
Graduation Writing
Requirement: No
Seminar Writing
Requirement: No
Special Withdrawal Course:
Yes
Limited Enrollment Number:
15 (4 spots reserved for second year law students; 3 spots reserved for non-law
graduate students)
Paper or In-Class
Presentation: Yes
Participation Points: Yes,
see above.
Attendance Policy:
Mandatory
Blackboard Course Site:
Yes
***************************************************************006
***************************************************************007
***************************************************************008
Advanced Mediation Clinic
(2 hours)(Olson)
PREREQUISITE: Mediation
Clinic
Centers around weekly
observation and co-mediation of juvenile delinquency and families in need of
services (FINS) cases referred by the Juvenile Court for mediation. The course
will also include weekly case review sessions. Students who previously
participated in the dependency-neglect mediation clinic must attend an 8 hour
training the week before summer session begins.
Alternative Dispute
Resolution (2 hours)(DiPippa)
Introduces the basic
concepts of dispute resolution. The advantages and disadvantages of
negotiations, mediation, arbitration, and their variations will be applied to
specific situations such as family, neighborhood, intra-institutional,
consumer, environmental, intergovernmental, and international disputes.
Mediation Clinic (4 hours) Olson)
Prerequisite: There is a
mandatory 3˝ day training prior to the beginning of the semester.
Students will learn
negotiation and mediation techniques and theories that are transferable to all
types of legal matters. They also learn how to represent clients in mediation.
In addition to the scheduled three hours of class each week, students must
observe/mediate at least six cases over the term. They begin by observing and
then move on to co-mediating with an instructor. They may co-mediate with
another student. Students may observe mediations at the Pulaski County Small
Claims Court on most Mondays. In addition, juvenile and dependency and neglect
mediations are scheduled in the clinic. Students who participate in the Clinic
will receive a Certificate of Mediation Training. This course meets the
training requirements for certification as a mediator by the Arkansas ADR
Commission. The fall and spring semester course is 4 credits. Occasionally,
there is a 2 credit summer mediation clinic.
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LAW 850
Alternative Dispute
Resolution Seminar
3 credits
A philosophical and
practical examination of extra-judicial alternatives to traditional methods for
resolving legal disputes. After analysis of the limitations of adjudication,
emphasis will be placed on the techniques of fact-finding, arbitration,
mediation-conciliation, dispute prevention, various hybrid processes, and
ethical considerations. Demonstrations will be given of divorce mediation and
contract negotiation
LAW 839
Dispute Resolution
Workshop
3 credits
A practical examination
and application of extra-judicial alternatives to traditional methods for
resolving disputes. Students spend six hours per week engaged in real-life
supervised mediations at the Consumer Protection Division of the Maryland
Attorney General's Office. There they conduct telephone mediations, produce a
variety of written documents, and maintain comprehensive journals of their
cases. A classroom component (one hour per week, on UB campus) analyzes
mediation techniques, evaluates simulated disputes, and addresses particular
cases being handled by the student at the CPD.
LAW 832
Mediation Skills
3 credits
Mediation is the process
of resolving conflict that is used by courts as well as parties as an
alternative to litigation. In this process a trained, neutral third-party
facilitates the resolution of a dispute between two or more parties. The
mediator assists the parties in developing and implementing creative options
for resolving a conflict in a non-adversarial arena. This course is designed to
train students to become mediators and to meet the minimum standards set by the
Court of Appeals for mediation of court-referred cases. This will be achieved
through a thorough discussion of the theories of conciliation processes,
mediation, negotiation, and professional ethics. These theories are then tested
in simulations to allow the students to develop mediation skills and explore
the effectuation of these theories.
Pre- or Co-requisite: Professional Responsibility
Recommended:
Interviewing, Negotiating &
Counseling; Alternative
Dispute Resolution Seminar
LAW 809
Family Mediation: Theory
and Practice
3 credits
Using a combination of
lecture, discussion, demonstration, and simulation, Family Mediation: Theory
and Practice will present students with the theory and practice of family
mediation, including: a basic grounding in the practice and theories of
mediation, an understanding of the many variations of how mediation is actually
conducted in family law cases, critical judgment as to when family law
mediation might or might not be appropriate in individual cases, a familiarity
with legislation involving family law mediation and critical inquiry as to the
efficacy of different legislative initiatives, special issues facing mediators
in family law mediation, the role lawyers can or should play when representing
clients before, during, and after family law mediation, ethical consideration
both as a family law mediator and as an attorney in family law mediation.
Prerequisites - Required: Family Law
Recommended: Mediation Skills
[Limited enrollment]
(maximum enrollment: 16)
LAW 821
Family Mediation Clinic
3 credits
Building on the
experiences students have in Family Mediation: Theory and Practice,
a limited number of students from that course will participate in a clinical
component. This model is the same used in the Disability Law Seminar and
Clinic. The goals of the
clinic are to give students a grounding in: the skills and theories of
mediation, the many variations of how mediation is actually conducted in family
law cases, critical judgment as to when family law mediation might or might not
be appropriate in individual cases, special issues facing mediators in family
law mediation, ethical considerations both as family law mediator and as an
attorney in family law mediation.
Prerequisites - Required: Family Law
Recommended: Mediation Skills
Co-requisite: Family Mediation: Theory and Practice
[Admission by permission
only]
LAW 813
Interviewing, Negotiating
& Counseling
3 credits
Focus on the theory and
techniques of interviewing, counseling, and negotiation that are necessary for
effective representation of clients. Such topics as question formulation,
witness interviewing, structuring the counseling session, case evaluation,
development of bargaining range and negotiation tactics will be covered. The teaching
medium will be simulation. Students will act as attorneys weekly in mock cases
and critique the videotaped performances of their classmates.
[Limited Enrollment]
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Whether you incorporate
mediation into your practice as an advocate for your client or you choose to
become a mediator, this course provides a sound theoretical and practical
skills base necessary for ethical practice. Beginning with an overview of
interest based negotiation, mediation theory, and the role of mediation in the
legal system, the course progresses to include a skills training component
through simulation, role-play and demonstration. The skills training portion of
the course includes an all day Saturday session early in the semester (see
WebCT for date). This course also examines the range of practice areas
including family and divorce, public policy, and civil litigation, and explores
cultural and gender issues, regulating the practice of mediation,
confidentiality, and other important issues. Grading is based on class
participation, a short mid-term assignment, and a longer final research paper.
There are limited opportunities to earn an additional credit.
***************************************************************012
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***************************************************************014
Alternative Dispute Resolution in Europe (1)
Traditionally ADR methods
did not play an important role in Europe, but now things are changing. The
course will deal with the enhanced relevance of ADR methods in Europe, with a
special focus on arbitration and conciliation. At a national level, the new
Italian laws on arbitration and conciliation will be analyzed. At a European
level, attention will be paid to the Green Paper on alternative dispute
resolution drafted by the European Union Commission. Finally, at an
international level, the course will deal with the UNCITRAL Model Law on
International Commercial Conciliation. The course attempts to provide the
students with a general overview of alternative conflict resolution methods in
the international arena. This course is offered as part of our Summer Abroad
Program.
Divorce Mediation Workshop (2)
Through a combination of
role plays, videos, readings and lectures, students will learn the basic skills
needed to help a divorcing couple focus on, understand and resolve issues
concerning critical parenting and financial decisions. Students learn both
basic mediation techniques applicable to resolving any dispute and emotional
and legal issues specific to divorce. Students will also regularly engage in
mediation both as disputants and as lawyers.
Mediation Skills (2)
This is an introduction to
the basic skills necessary to be a mediator. Through a combination of lectures,
interactive exercises, role-plays and video, students will learn the stages of
a mediation, identifying the appropriate parties, getting the parties to the
table, opening the mediation, information gathering, identifying the relevant
issues and acknowledging the parties' emotions, structuring the process,
developing options and possible solutions, and drafting an agreement. Students
may not take this course and the Mediation Clinic. Enrollment is limited to 15
students.
Mediation Skills Workshop (2)
Students enrolled in the
Mediation Skills workshop may be placed in mediation externships in which they
will have the opportunity to work with a mediator or mediation program
requiring 5-8 hours of fieldwork a week. Enrollment is limited to eight
students.
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ADVANCED MEDIATION (3 units)
This course is a
labor-intensive practicum. After completing a week-end mediation training in
advanced mediation skills, students will mediate actual cases in Small Claims
Court and Juvenile Hall every week. Each student will also observe two
mediations by lawyers on the Superior Court mediation panel during the
trimester. At the two-hour weekly class meeting, students will report their
mediation experiences. In addition to the requirements of weekly mediations and
class attendance, students must submit five two-to-three page papers on
mediations they observe or conduct, and present to the class an issue related
to mediation which they have resolved as a creative problem solver.
***************************************************************017
This
seminar introduces alternative dispute resolution (ADR) procedures, looks at
how best to counsel clients in choosing the appropriate dispute resolution
method, and critically examines the policy questions posed by various ADR
methods.
This practice-oriented
course introduces the basic principles and methods of mediation in civil
disputes. It covers the aims of mediation and the variety of approaches to it;
preparation for mediation; the structure of a mediation session; mediation
ethics, including problems of neutrality and confidentiality; and techniques
for resolving bargaining impasses.
Public Justice: Toward a State
Action Theory of Alternative Dispute Resolution
Richard C. Reuben
Various forms of
alternative dispute resolution (ADR) are increasingly taking the place of
litigation to resolve disagreements among parties. ADR is frequently imposed by
court rule or legislative command for certain types of cases, or compelled by
courts when private parties contract to use ADR. To date, ADR doctrine has
focused on the structural issues attendant to bringing these processes into the
mainstream of American dispute resolution. This Article contends that courts
must now address the question of whether ADR- both court-related and
contractual-can constitute state action, and therefore be subject to
constitutional restraints. The author surveys the history and modern structure
of ADR, and, focusing primarily on arbitration, analyzes it in light of the
United States Supreme Court's state action doctrine. He concludes that both
court-related and contractual ADR can constitute state action, and therefore be
subject to constitutional protections, such as due process, at some level.
***************************************************************018
***************************************************************019
Expertise:
Property, Wills, Trusts & Financial Planning, American Indian Law,
Mediation.
Professor Carrillo
joined the Hastings Faculty in 1991. She holds a B.A. from Stanford University
(1981), a J.D. from the University of New Mexico (1986), and a J.S.D. from
Stanford Law School (1996). She was a Visiting Professor of Law at Stanford Law
School (1997-1998), where she was recognized university wide as an outstanding
mentor to students.
Professor
Carrillo has served on the Board of Directors of Equal Rights Advocates (a
public interest law firm), and as a Trustee for the Law & Society
Association (an international organization of scholars interested in
understanding the relationship between law and society). Prior to becoming a
Trustee, Professor Carrillo served on the Law & Society Nominations
Committee, and she helped organize and teach the Law and Society Summer
Institute (a program for professors who are interested in how law and society
shape each other). Professor Carrillo has also worked with the Association of
American Law Schools, a national organization of law professors, as Chair of
the Anthropology Section, as a member of the Nominations Committee, and in
various other capacities. She was awarded a two-term Spaeth Fellowship at
Stanford Law School (1989-1991). She was also awarded the Laurie New Jersey
Chair in Women's Studies Visiting Scholar Fellowship at Rutgers University
(1988), where she worked with two human rights advocates on global issues
concerning the rights of women and children.
Professor
Carrillo has published in the area of indigenous rights, and in the area of
property law. She is co-editor of a university press book series mapping forms
of racism in contemporary life.
Professor
Carrillo teaches or has taught Property, Wills and Trusts, Federal Indian Law,
Critical Race Theory, and Mediation.
Expertise:
Negotiation, Mediation, Psychiatry and Law, and Civil Procedure.
Professor
Nelken is the Faculty Chair of the Hastings Center for Negotiation and Dispute
Resolution. She first joined Hastings as an adjunct professor in 1979 and
has been a full-time faculty member since 1984. She previously practiced law in
both Ann Arbor and San Francisco, specializing in litigation.
A graduate of
Brandeis University, Professor Nelken has an M.A. in Soviet Area Studies from
Harvard and a J.D. from the University of Michigan. In 1995 she graduated as a
research psychoanalyst from the San Francisco Psychoanalytic Institute.
Professor
Nelken teaches negotiation and mediation, psychiatry and law, and civil
procedure. She was Western Regional Director of the National Institute for
Trial Advocacy from 1984-88, and has taught both trial advocacy and negotiation
in continuing legal education programs around the country. She has written on
attorney sanctions and on the psychotherapist-patient privilege in federal
court and has authored and co-authored books on teaching negotiation skills.
Professor
Nelken lives in Berkeley with her husband, a UC Berkeley professor, and has
three adult daughters. In her spare time, she likes to read, garden and walk
Ziggy the dog.
CLINICS:
Director, Center for
Negotiation & Conflict Resolution
Expertise: Negotiation
& Dispute Resolution, Labor & Employment Law.
Chris Knowlton
received her J.D. in 1978 from UCLA School of Law. She graduated with a B.A.
summa cum laude in English from Hunter College [CUNY].
After law
school, she joined the Los Angeles law firm of Taylor & Roth. There, she
represented labor unions and litigated individual and class action plaintiffs
in employment cases. In 1985 she began working as a neutral arbitrator,
mediator and special master in a variety of cases, including civil rights and
wrongful discharge litigation, union grievances, collective bargaining
negotiations, and class action law suits. She is on the mediation panels of the
First Appellate District Court of Appeal and Alameda and Contra Costa Superior
Courts.
She has
contributed chapters to Elkouri & Elkouris How Arbitration Works and
Bornstein, Gosline & Greenbaums Labor and Employment Arbitration. She has
also written articles on the practical aspects of mediation and arbitration for
the California Labor and Employment Quarterly,
Chris began
teaching at Hastings in 1999, before becoming Director of the Center for
Negotiation and Conflict Resolution. She currently teaches Negotiation and
Mediation and coaches the Negotiation Team.
She has two
children, Willis and Sarah, and a granddaughter, Caelen. She spends her leisure
time outdoors, hiking, whitewater rafting, kayaking, and scuba diving with her
family and dog.
Multi-Party,
Multi-Issue, and Group Processes Prerequisite: Negotiation & Mediation:
Process & Practice or Negotiation & Settlement. This course builds on
the concepts and skills covered in the basic courses on negotiation. It will
focus on the complexities of multi-party, multi-issue and team negotiations;
how groups function; the role and significance of party constituencies; political
and ethical aspects of large-scale negotiations, etc. Classroom instruction
will rely on group discussion of case studies, simulation exercises, and small
group work assignments. There will be required readings for all classes, out of
class exercises, and a number of individual and group written assignments, in
addition to a final examination. The course will meet twice a week for two
hours and is limited to 24 students.
Satisfies writing
requirement.
This seminar will examine
the legal, ethical and policy issues in nonjudicial resolution of individual
and group disputes through negotiation, mediation, arbitration and other
methods. Building on a theoretical foundation, the seminar will consider the
advantages and disadvantages of both court-annexed and private ADR.
This course will explore
the variety of ways that disputes are being resolved in our legal system --
adjudication, negotiation, mediation, arbitration, and the hybrid forms of
summary jury trials, mini-trials, and early neutral evaluation, to name a few.
The course will focus first on the theoretical, jurisprudential, and cultural
issues framing how disputes are resolved or not resolved in our system (with
some comparative study of how disputes are resolved in other systems). There
will be some focus on practice issues and each student will be required to
participate in some role-plays and exercises to engage in the issues of dispute
resolution experientially. Finally, the course will critically examine some of
the important policy issues being considered in the use of ADR -- confidentiality;
immunity; liability; power imbalances in the processes; race, class, and gender
inequalities; mandatory vs. voluntary use; quality vs. quantity justice
concerns; and credentialing and other professionalism issues. We will examine
some of the recent legislative and administrative enactments
and reforms in the use of ADR.
Fall: Commercial emphasis; Spring: Labor and Employment emphasis. This
course focuses on the judicial decisions and statutory framework that support
the practice of arbitration and alternative dispute resolution, emphasizing
commercial and labor law and practice. Topics include drafting and enforcing
arbitration agreements, statutory rights and due process, and standards for
judicial review. In addition, the course will also cover the recent
developments in the general law of dispute resolution.
(3-unit non-GPA class and
3-unit fieldwork component, graded pass-fail, must be taken concurrently.
Fieldwork counts against clinical maximum.)
Prerequisite: Negotiation
& Mediation: Process & Practice or Negotiation & Settlement;
consent of the instructor. Spring Semester only. This course will have two
components, a seminar and a field placement. In the seminar, through
discussions and simulations, students will learn mediation skills and look at
the role of mediation in civil actions. For their field placements, students
will serve as mediators in Small Claims Court. Parties who voluntarily agree to
mediation will be assigned to students who will comediate in pairs, and later,
mediate alone. A wide variety of disputes will be mediated, including
landlord-tenant, creditor-debtor; consumer and neighbor to neighbor matters.
Students will gain experience in applying the mediation theory discussed in
class.
NOTE: Students who enroll
in this clinic may not enroll in Mediation (3-Units).
Satisfies writing
requirement.
This seminar will focus on
specific issues that arise in the context of international litigation and arbitration.
Topics will include conflict of laws, the extraterritorial application of
statutes, personal jurisdiction over foreign defendants, the doctrine of forum
non conveniens, jurisdiction under the Foreign Sovereign Immunities Act,
jurisdiction under the Alient Tort Statute, the act of state doctrine,
conducting discovery abroad, the enforceability of arbitration clauses, and the
enforcement of foreign judgments and arbitral awards.
This course focuses on
litigation that contains a foreign element -- for example, cases in which one
of the parties is a foreign national or a foreign government and cases in which
the conduct complained of (or some portion of it) occurred abroad. The course
covers various issues that arise in such cases, such as the conflict of laws,
the extraterritorial scope of laws, personal jurisdiction over foreign
defendants, forum non conveniens, forum selection clauses, arbitrability,
discovery of information located abroad, the enforcement of foreign judgments
and arbitral awards, the act of state doctrine, and foreign sovereign immunity.
Satisfies writing
requirement.
Prerequisite: Negotiation &
Mediation: Process & Practice or Negotiation & Settlement.
This course contemplates a
systematic exploration of negotiation and dispute resolution processes,
including application of those principles across a range of legal disciplines:
commercial, environmental, human rights and security.
The course will examine
direct and facilitated negotiation among countries on substantive issues, as
well as development of the dispute settlement system parameters under which
disputes are resolved. International regulatory agreements cover a diverse
array of topics: climate change, nuclear proliferation, human rights, international
trade, species destruction, and intellectual property. All of these require
some reliable means to achieve performance of obligations. A range of
compliance systems will be studied, including reporting, verification, and
enforcement tools.
Since the 1960's, the
percentage of cases resolved in a full-scale trial in the U.S. has dropped
dramatically; today less than 5% of cases are disposed of with either a bench
or jury trial. Despite this, legal education continues to focus on the
procedure for trial resolution and legal parlance to refer to the most frequent
methods of resolution as "alternatives" to the "legal system".
But these methods are deeply involved in the legal system and the vast majority
of "litigation" lawyers will spend their careers involved in
negotiating settlements, participating in or conducting mediations (including
informal or 'muscle' mediation by judges), planning for, preparing for or
conducting arbitration proceedings, and so on. This course will examine the law
governing these "alternative" systems of dispute resolution including
settlement in private, public and class actions and the treatment of settlement
contracts in various areas of law; voluntary and mandatory mediation;
arbitration and the question of what can be arbitrated, what the role of the
courts is in arbitration and when arbitration can be imposed on parties (such
as consumers and employees) signing standard form contracts. Throughout we will
approach the material from the point of view of understanding the system of
dispute resolution -- including traditional litigation -- as a whole, examining
the roles of coercion, problem solving, rights protection and formality in the
methods used to reconcile parties in conflict, and the tensions between the
public and private interest in dispute resolution.
Prerequisite: Negotiation &
Mediation: Process & Practice or Negotiation & Settlement.
This course builds on the
negotiation theory and practice taught in a prerequisite course. It combines a
scholarly approach to mediation theory and process with practice in techniques
and skills for mediators and advocates in mediation. The weekly format includes
discussion, demonstration, and role-playing exercises. There will be required
readings for most classes and a number of short written assignments.
NOTE: Students who enroll
in this course may not enroll in the Civil Justice Mediation Clinic (6 Units).
This course is an
introduction to the theory, process, and practice of negotiation and mediation,
to help students improve their skills as negotiators and develop a framework
for self-learning in the future. In addition to group discussions, classroom
instruction will rely heavily on simulation, videotaped demonstrations, and
small group work assignments. There will be required readings for most classes
and a number of short written assignments related to particular classes and
outside-ofclass simulation exercises. The course will meet twice a week for two
hours per session and is limited to 16 students.
NOTE: Students who enroll
in this course may not enroll in Negotiation & Settlement (3 Units).
This course is an
introduction to the theory, process, and practice of negotiation to help
students improve their skills as negotiators and develop a framework for
self-learning in the future. In addition to group discussions, classroom
instruction will rely heavily on simulation and video tape review. There will
be required readings for most classes and a number of short written assignments
related to particular classes and simulation exercises.
NOTE: Students who enroll
in this course may not enroll in Negotiation & Mediation: Process &
Practice (4 Units).
The purpose of this course
is to help prepare law students for their roles as responsive and creative
problem solvers in whatever lawyering context they find themselves practicing.
The course s objectives are (1) to introduce students to various aids to formal
problem solving and decision making drawn largely from the social sciences; (2)
to alert students to the kind of social, psychological and cognitive phenomena
that sometimes impair judgment and erode the ability to make good decisions;
and (3) to spur their creativity and imagination by analyzing some fictional
and real life accounts of non-formulaic, lawyer problem solving. Students will
confront problems in a variety of substantive legal contexts. The material will
be presented through case studies (like those used in business schools);
performance of role play simulations; analytical articles on topics such as
creative problem solving, professional decision making, and biases in judgment;
and discussion of fictional and real-life lawyering narratives. While there
will be a substantial legal component to every exercise, students will have to
assimilate and apply knowledge from other fields, such as statistics, game
theory, cognitive science, and virtue ethics.
An introduction to legal
ethics as well as some of the tasks, roles and relationships of law practice,
this limited-enrollment course satisfies the professional responsibility
requirement. While students will become familiar with the body of rules that govern
professional conduct in the legal profession, classroom examination of specific
rules will be selective and related to lawyer decision-making in specific
practice contexts. Against a background of information on the legal profession
and the varied careers it offers, the course will use simulated problems drawn
from both criminal and civil practice to introduce students to recurrent
ethical issues in those contexts, as well as to some of the skills involved in
client interviewing and counseling, fact development, and negotiation. Students
will be required to write a number of short papers, participate in frequent
in-class role plays and other exercises, and take part in videotaped
simulations outside of class. These activities will account for 45% of the
grade, with 20% of the grade based on an objective examination on the rules of
professional responsibility, and 35% on a take-home essay exam calling for
thoughtful analysis of the types of ethical issues encountered in practice.
NOTE: Students who enroll
in this course may not enroll in Legal Ethics & the Practice of Law (3
Units) or Professional Responsibility (2 Units).
ADJUNCT PROFESSORS:
Adjunct Professor Fred D.
Butler is an Arbitrator & Mediator based in San Francisco. He serves as a
neutral for a number of organizations including the American Arbitration
Association; U.S. Office of Equal Employment Opportunity; U.S. Postal Service;
the University of California, National Association of Security Dealers and a
number of courts including the U.S. Federal District Court; California First
Appellate District Court and San Mateo, Solano and San Francisco County
Superior Courts. He also serves as a volunteer neutral for San Francisco
Community Boards and the Peninsula Conflict Resolution Center.
He is Co-Chair of the San
Francisco Bar Association Arbitration Committee, Vice President of the Board of
Trustees of the Mediation Society, Past President of the Board of Trustees of
the Northern California Mediation Association, Past President of the Board of
Directors of the San Francisco Community Board Program and a former member of
the California State Bar ADR Committee.
Adjunct Professor
Coombe, a former senior fellow at Stanford Law School engaging in both the
research and teaching of international dispute resolution, continues to chair
tribunals addressing international commercial disputes. He has presented
programs reviewing U.S. dispute resolution developments to members of the Japan
Federation of Economic Organizations (Keidanren) in Tokyo, the International
Development Law Institute in Rome, and the Vietnam Ministry of Justice in
Hanoi. He is a Fellow of the Chartered Institute of Arbitrators, London; a
former Director of the American Arbitration Association; a former Chair of the
ABA Corporation, Banking and Business Law Section; and a member of the panel of
arbitrators of several international arbitration institutions. Professor Coombe
has served as Executive Vice President and General Counsel of BankAmerica
Corporation and as Assistant General Counsel and Corporate Secretary of General
Motors Corporation. A New Jersey native, he received a B.A. degree from Rutgers
and an L.L.B. degree from Harvard.
Adjunct Professor Ruth
Glick teaches arbitration and ADR law with more than 20 years experience as a
neutral dispute resolver for complex financial, securities, labor employment
and business disputes. She is on the American Arbitration Association
commercial panel of arbitrators and mediators as well as on a number of court,
industry, labor, and government ADR panels. She earned a B.A. degree from
Northwestern University in Evanston, Illinois, a law degree from the University
of California, Hastings College of the Law, and was trained as a mediator for
legal disputes at the Harvard Law School Mediation Workshop Program.
In her previous fast paced
careers of foreign currency trading and arbitrage at the Chicago Mercantile
Exchange and hosting a live business and consumer oriented TV interview
program, Professor Glick was often at the center of erupting disputes. When she
entered the legal profession, she pledged herself to a more satisfying
challenge of settling disputes rather than creating them. She lectures and
instructs others on the subject of ADR, trains arbitrators for the American Bar
Association and other industry forums. She is the author of "Arbitrator
Ethics and Disclosure" chapter of the CALIFORNIA ADR PRACTICE GUIDE,
Mathew Bender, Lexis-Nexis and is an author of law review articles and speaker
on topics pertaining to arbitration legislation and case law.
Professor Glick is a
Director, Legislative Chair and past President of California Dispute Resolution
Council, Director and Fellow of the College of Commercial Arbitrators, Director
of the Mediation Society of San Francisco, former President of the Bar
Association of San Francisco Arbitration Committee, and a member of the
California Bar as well as a number of local and national professional
organizations.
Adjunct Professor Howard
A. Herman has worked as a mediator and as a developer of court-annexed ADR
programs since 1985. He currently serves as ADR Program Counsel for the U.S.
District Court for the Northern District of California in San Francisco where
he has worked since 1997. He previously served as Director of ADR Programs for
Contra Costa County Superior Court in Martinez, California, and as co-director
of what was then known as the Office of Settlement Conference Attorneys of the
United States Court of Appeals for the Ninth Circuit (now known as the Ninth
Circuit's Mediation Program).
In his work at the
district court, Professor Herman both mediates cases and has primary
responsibility for training and supervising the hundreds of lawyers who serve
as volunteer neutrals in the court's ADR programs. This work includes serving
as the lead trainer for the court's basic mediation trainings, as well as the
development of continuing education programs for mediators, neutral evaluators,
and arbitrators. He also devotes significant time and energy to assisting with
ongoing program design and development. In 2002, he was a co-recipient of the
first Robert F. Peckham Award for Excellence in Alternative Dispute Resolution
presented by the Ninth Circuit.
Professor Herman also has
substantial experience as an ADR teacher. Since 1997, he has also taught
negotiation and mediation at the University of California, Hastings College of
the Law. In 2002, he also began teaching in the school's small claims court
mediation clinic. In addition to the basic and continuing education courses he
leads at the district court, Professor Herman has developed numerous ADR
training programs, including basic and advanced mediation courses for the U.S.
District Court in Scranton, Pennsylvania, and a course on effective
representation in mediation for the Northern District of California's Federal
Practice Program. He has served on the faculty of the California Center for
Judicial Education's Continuing Judicial Studies Program and the Federal
Judicial Center's Mediation Training for Magistrate Judges. He has taught
courses for judges and lawyers in India, Jordan, Palau, and Thailand as part of
those countries' ongoing civil law reform efforts. Most recently, Professor
Herman designed and led a two-day mediation training for law students at
Bucerius Law School in Hamburg, Germany.
Professor Herman practiced
as a civil litigator with the firms of Graham & James and Kindel &
Anderson in San Francisco. He received his J.D. from the University of
California, Hastings College of the Law, and his A.B. from the University of
California at Berkeley.
Professor Herman has
served on the California Judicial Council's working group for the development
of ethical standards for court-connected mediators, the ADR Committee of the
California State Bar, and the California Trial Court Budget Commission's
Subcommittee on ADR. He is a member of the Association for Conflict Resolution,
the Dispute Resolution Section of the American Bar Association, and other
professional dispute resolution organizations. He has particular interests in
the psychological dynamics of negotiation and in ADR ethics.
Adjunct Professor S. Lucia
Kanter teaches Negotiation and Settlement as part of Hastings' Alternative
Dispute Resolution program, and volunteers as a supervising attorney for the
Hastings Workers' Rights Clinic. She is also an Attorney for the Judicial
Council of California, Administrative Office of the Courts (AOC) in San
Francisco. The Judicial Council is the policymaking body for the California
court system. Ms. Kanter provides legal services to the Judicial Council, the
Chief Justice of California, and the trial and appellate courts, contributing
to major policy and legal decisions on employment and labor issues that affect
the entire judicial branch of California.
Ms. Kanter previously practiced
labor and employment law in the San Francisco office of Orrick, Herrington
& Sutcliffe, representing companies in employment litigation and counseling
employers on a wide range of employment law issues. During that time, she also
maintained a pro bono practice working with the Community Alliance for Special
Education, a San Francisco non-profit organization providing consultation
services, representation and training to ensure that children with disabilities
receive appropriate educational resources in the public school system. She has
now joined the organization's Board of Directors.
Prior to her law practice,
Ms. Kanter taught Italian language for eight years at a foreign language school
for children. She currently serves on the school's Board of Directors.
Ms. Kanter grew up in a
small town in Illinois, eventually migrating to the Bay Area where she earned
her undergraduate degree from UC Berkeley and her law degree at Hastings. In
her play time, Ms. Kanter enjoys traveling, studying foreign languages, pacing
back and forth with her husband during tense baseball games, playing the piano,
and doting on her adorable Labrador retriever, Bravo..
Professor Keel
graduated cum laude from UCLA in 1971, with a Bachelor of Science degree in
Nursing. After a brief career as a nurse, she attended Southwestern University
School of Law, graduating in 1977. She received three book awards, including
one for Family Law.
Professor Keel
practiced family law with Shapiro and Thorn, Inc., from 1977 until 1982. She
began mediating in 1983. She was associated with Mediation Law Offices and The
Northern California Mediation Center before establishing her own mediation
practice in Mill Valley, in 1987.
While Professor
Keel's mediation practice primarily focuses on premarital, divorce and post
divorce issues, she also mediates non-family cases and consults with
individuals and groups concerning conflict resolution. She is a member of the
mediation panel for the California Court of Appeal for the First Appellate
District.
When not
teaching and mediating, Professor Keel enjoys knitting, studying French, being
outdoors, and spending time with her family.
Adjunct Professor Gail
Killefer has an ADR practice in San Francisco and teaches Mediation. In
addition to her private practice, she serves on the ADR panels of the United
States District court, Northern District of California, and of the various Bay
Area superior courts.
Professor Killefer served
as an Assistant United States Attorney in San Francisco from 1989 to 2001. She
served as a Deputy Chief, Civil Division, 1994-1998, and as Chief, Civil
Division, 1998-2001. Prior to joining the U.S. Attorney's Office, she served as
a Trial Attorney with the U.S. Department of Justice, Torts Branch, in
Washington, D.C., and as a law clerk to the Honorable Barrington D. Parker. She
received a B.A. with departmental honors from Stanford and a J.D. from the
Vermont Law School.
Professor Killefer began
teaching at Hastings in 2001.
Adjunct Professor Arlene
Kostant is a State Bar Certified Family Law Specialist with a private practice
specializing in mediation and family law in San Francisco. She grew up in the
suburbs of New York City and detoured as an elementary school teacher in France
prior to becoming an attorney. She received her B.A. from New York University
in 1970, her M.A. in Foreign and Comparative Literature from the University of
Rochester in 1972, and her J.D. with honors from Golden Gate University in
1977. Professor Kostant is a member of the San Francisco Bar Association's
Family Law Section and was its chair in 1997. She is also a member of the San
Francisco Collaborative Law Group and the Alliance of Collaborative
Professionals of the East Bay. The Daily Journal recently named her one of
California's most sought-after family law mediators.
Professor Kostant began
teaching at Hastings in 1992. She is also on the adjunct faculty teaching
Negotiation at Boalt Hall.
Adjunct Professor Elaine
Leitner is a full-time neutral mediator in private practice. Since becoming a
mediator in 1991, she has focused on resolution of employment, intellectual
property, commercial, business, and insurance disputes.
Professor Leitner was born
and raised in Vineland, New Jersey. She received a B.S. in Psychology, magna
cum laude, Phi Beta Kappa from Tufts University. In 1978, she graduated magna
cum laude from the Georgetown University Law Center, where she was an editor of
the Georgetown Law Journal. After graduation, Professor Leitner moved to San
Francisco, where she served as a law clerk to the Hon. Cecil F. Poole, Judge of
the District Court for the Northern District of California. She practiced as a
litigation associate at Morrison & Foerster in San Francisco in 1980,
moving to practice and become a partner for the next ten years at the San
Francisco complex commercial litigation and criminal defense firm of Keker
& Van Nest. She was listed in the 1987 edition of The Best Lawyers in
America.
In addition to her private
ADR practice, Professor Leitner also serves on the court affiliated ADR panels
of the federal court, Northern District of California, and the Bay Area
superior courts. She has been a Judge Pro Tem and a Special Member. She is
active in the San Francisco legal community, having been the founding president
of the San Francisco Women Lawyers' Alliance in 1983, and a member of the Board
of Directors of the Legal Aid Society for seven years. She has served on the
State Bar's Women and the Law and Mandatory Fee Arbitration Committees, and the
San Francisco Trial Court's Mediation Advisory Committee.
Professor Leitner lives in
Oakland with her 2 teenage children and her husband, Steve Zieff, an employment
lawyer specializing in wage and hour class actions.
Adjunct Professor Janet
Martinez teaches negotiation and mediation. She practiced corporate and transaction
law in San Francisco for ten years before moving to Cambridge, Massachusetts.
There, she did research and teaching in various aspects of negotiation at
Harvard University's graduate schools of business, law and government.
Professor Martinez continues as a Senior Associate at the Consensus Building
Institute in Cambridge, but has happily returned to the Bay Area. Her research
and consulting focus on mediation and arbitration, international negotiations
facilitation of public disputes (especially in the international trade and
environment areas), consensus building training and curriculum development for
clients in the public, private and nonprofit sectors.
Professor Martinez
obtained her B.S. Bacteriology from Washington State University, J.D. from Golden
Gate University, M.P.A. from Harvard University and is completing her Ph.D. at
MIT.
Adjunct Professor David J.
Meadows practices independently as a mediator, arbitrator, and ADR provider
privately and through numerous court and industry panels. He received a B.A.
from Tufts University and a J.D. from Boalt Hall School of Law, U.C. Berkeley.
He clerked for U.S. District Court Chief Judge Edward T. Gignoux, in Portland,
Maine.
Professor Meadows
practiced law for fifteen years with Keker & Van Nest in San Francisco,
trying cases as diverse as defamation and cocaine importation, but focusing on
complex business litigation. After taking a year off to travel around the world
with his family, Professor Meadows changed career directions and opened his
current practice. He has conducted hundreds of mediations, as well as many
arbitrations and other ADR proceedings, arising in the context of varied legal
claims: breach of contract, employment, insurance coverage/bad faith, real
estate, fraud and other business torts, construction, consumer fraud,
landlord-tenant, partnership, note collection and work out, embezzlement, civil
rights, personal injury, securities, legal malpractice, and others. He has
published several articles concerning court ADR programs in the Bay Area.
Professor Meadows teaches
negotiation with a focus on the practical issues faced by attorneys
representing clients in California both in traditional negotiation settings and
in alternative dispute resolution settings. He formerly taught the Alternative
Dispute Resolution seminar.
Adjunct Professor Jessica
Notini is a mediator and facilitator and teaches a variety of subjects related
to alternative dispute resolution both in California and internationally. Her
mediation practice is focused in the areas of probate & estate, employment
discrimination and business disputes, and she has facilitated for schools,
government agencies, law firms and other entities seeking to organize their
work on complex and controversial projects. She is a member of numerous court,
national, government and community ADR panels. She is a core trainer for the
Northern California Mediation Center, Adjunct Professor of Conflict Resolution
at Golden Gate University and John F. Kennedy University, and she teaches
courses in Spain, Peru, Ecuador and Mexico.
Professor Notini is a
leader in the field of mediation in California. She served for three years as
President of the Association for Dispute Resolution of Northern California
(formerly NCMA) and assisted in the development of the California Dispute
Resolution Institute. She is currently a member of the California State Bar ADR
Committee and the Board of Directors for the Mediation Society of San
Francisco, as well as belonging to a number of bar associations and other local
and national professional organizations.
Prior to her career as a
full-time neutral, Professor Notini practiced environmental law for 5 years.
She received her J.D. in 1989 from the University of Michigan where she
graduated magna cum laude and was awarded the Order of the Coif. She earned her
B.A. at Wesleyan University in Connecticut in 1984.
Professor Notini enjoys soccer, cooking, reading and
anything associated with Spain.
Adjunct Professor Mark
Portman received his B.A. from Ohio State University and J.D. from Case Western
Reserve University. After admission to the California bar in 1977, he
represented individuals in family court as the supervising attorney of the
Domestic Violence Unit of the Legal Aid Society of Santa Clara County. He also
assisted in drafting California's Domestic Violence Prevention Act.
He began private practice
in family law in 1979 and, from 1981 to 1994, he was a partner with the firm of
DiFranza & Portman, San Jose, California. Professor Portman chaired the
Family Law, ADR and Law Office Management sections of the Santa Clara County
Bar Association. He served as Judge Pro Tem and co-authored Local Rules for the
Santa Clara County Family Court, establishing guidelines for law and motion
matters including a comprehensive review and redesign of the administration of
family law emphasizing rules to facilitate settlement.
Professor Portman trained
extensively in mediation at the Center for Mediation and Law in Mill Valley,
California. He offers mediation for settlement of divorce and has published
articles, led workshops and participated in panel discussions promoting
mediation and other ADR processes. His website is http://www.themediator.com/
Adjunct
Professor Martin Quinn is a full-time mediator and arbitrator in the San Francisco
office of JAMS, a nationwide dispute resolution company. Adjunct Professor
Quinn was a trial lawyer in San Francisco for 25 years, specializing in
business litigation of all types. He has tried to verdict about 50 cases in
state and federal court. Since 1995 he has been engaged full-time in dispute
resolution, having mediated hundreds of complex business and tort disputes,
arbitrated many contract and real estate disputes and acted often as a special
master for state and federal court. For many years he has provided pro bono
dispute resolution services to many Bay Area state and federal courts.
Professor
Quinn graduated from Harvard College in 1964 and from Harvard Law School in
1967. A native San Franciscan, he and his wife divide their time between their
homes here and in Florence, Italy.
A. James
Robertson has been a San Francisco Superior Court judge since 1995. He has
served one year in the criminal division, four years as a civil trial judge and
motion judge. He is currently serving as trial judge.
After
graduating from Stanford University in 1960 with a Masters Degree in Economics,
Judge Robertson was on active duty with the U.S. Navy for three years. He
graduated from Harvard Law School in 1965 and clerked for The Hon. Charles M.
Merrill on the United States Court of Appeals for the Ninth Circuit. In 1966
Judge Robertson joined the San Francisco firm of Howard, Rice, Nemerovski,
Canady, Robertson, Falk & Rabkin, where he specialized in complex civil
litigation, representing both plaintiffs and defendants in numerous national
class action cases until his appointment to the bench.
Judge
Robertson is a member of Phi Beta Kappa, the American Law Institute (since
1978), the McFetridge American Inn of Court, and the Center for Dispute
Resolution (New York City). Judge Robertson has lectured extensively to
attorneys and judges in the U.S. and Australia on antitrust, class actions,
civil trial law and alternative dispute resolution. He has been a speaker at
the annual meeting of California Judges (Bus. & 17200 et.seq.). He''Prof. Code is chair of the Saint Francis Hospital Foundation board in San
Francisco.
Ignazio Ruvolo
was appointed to the California First District Court of Appeal, Division Two in
1996, and confirmed by election in November 1998. His prior judicial experience
includes appointment to the Contra Costa Superior Court in 1994, and election
to a full term in June 1994. Just prior to his superior court appointment,
Justice Ruvolo was the Managing Partner of Bronson Bronson & McKinnon's
Walnut Creek Office. In his 17 years with the firm, Justice Ruvolo handled a
broad spectrum of litigation, focusing his practice on commercial and franchise
litigation, construction litigation, professional liability, and general torts.
Before joining Bronson in 1977, Justice Ruvolo
years as a trial attorney with the Civil Division, Torts Section, U.S.2spent
4 Department of Justice in Washington, D.C.
Justice Ruvolo is Chair of
the First District Mediation Task Force, and he has presided over numerous
settlement conferences and mediations while a judicial officer. As a private
attorney he sat as a judge pro tem, and mediator for the Contra Costa Superior
Courts, and as an arbitrator, and mediator for the San Francisco Superior
Courts. He also acted as a Special Master in construction litigation.
Justice Ruvolo's work in
the field of judicial and legal ethics is well known. He has been a member of
the California Judge's Association Judicial Ethics Committee since 1995, and
currently serves as its Vice-Chair. While an attorney, he served as the Chairs
of both the California State Bar Committee on Professional Conduct and
Practice, and of the Bar Association of San Francisco Legal Ethics Committee.
In 1990, he founded and became the President of the Contra Costa Bar
Association Section on Professional Responsibility and Practice. He has also
been a member of the American Bar Association Litigation Section Committee on
Professional Responsibility and the Association of Professional Responsibility
Lawyers. He has also been an Adjunct Professor at John F. Kennedy School of Law
teaching professional responsibility.
Adjunct Professor Bob
Sammis received his B.A. in Latin American History and Spanish from U.C. Santa
Barbara in 1967 and his J.D. with honors from the University of Michigan Law
School in 1970. Upon graduation from law school, he taught law at the
University of Los Andes, Bogota, Colombia, as a Fulbright Scholar. Upon
returning to California, he practiced law with Pillsbury, Madison and Sutro in
San Francisco where he was active in negotiating and documenting transactions
between U.S. companies and companies located in South and Central America.
Subsequently he joined GATX Capital as Associate Counsel and was with that firm
for 26 years, moving over into the business side of the company and retiring in
January 2002 as Executive Vice President in charge of one of the four business
units of the company.
Professor Sammis has
completed 80 hours of mediation training and is now active as a mediator in
Alternative Dispute Resolution situations. In addition, he has taught numerous
classes on various aspects of leasing for the Equipment Leasing Association
(U.S.), the Canadian Leasing Association, and Australian Leasing Association
and more recently, Euromoney.
Adjunct Professor Gary
Weiner was the Director of the Sonoma County Superior Court Office of Alternative
Dispute Resolution from 2000 through 2004. He is a full time neutral with
Resolution Remedies in the greater San Francisco Bay Area. Professor Weiner is
a frequent contributor to panel discussions about court connected ADR and
mediation. He has been a guest speaker at bar association functions throughout
California and has trained lawyers and mediators in the use and practice of
ADR.
Professor Weiner is a
member of the State Bar of California ADR Committee and was the chair of the
Sonoma County Bar Association ADR Section and a member of the Sonoma County Bar
Association Board of Directors. Professor Weiner is the former President of the
Board of Directors of the North Bay Consensus Council, an innovative public
policy resolution organization of which he was the earliest local founder. He
currently serves as the Vice President of the Collaborative Council of the
Redwood Empire, an organization devoted to the use of collaborative law and
adjunctive practices in the resolution of civil disputes.
He is the first person in
the current history of Sonoma County to have been qualified for the Bar by
having read the law in a law office instead of completing studies in a law
school. Before becoming an attorney, Professor Weiner taught seminars in interpersonal
communication, awareness, personality development and social psychology at
Cornell University, was a bartender, a carpenter and a musician. Professor
Weiner lives in Sebastopol with his wife and two children
***************************************************************
The course will cover
mediation theory, skills, and perspectives in a variety of areas of law.
Students will learn the basic skills to serve as both a neutral mediator and as
a lawyer to advise clients about alternatives to litigation and to represent
clients during the mediation process. In addition to assigned readings and
class discussion, students will participate in simulated role plays, observe a
court mediation, and co-mediate a Superior Court civil case at the courthouse.
No final exam. Limit:16 students. Wednesdays 3-6PM Class shall extend to 7PM
Weeks 1-3 and Week 9 and students are required to travel to courthouses and
offices in Los Angeles during the semester.
All lawyers,
regardless of specialty, must negotiate: with opposing counsel, with clients,
and with members of their own firms or organizations. Law 409 is a 3-unit
course that provides an overview of the theoretical issues negotiators must
confront and an opportunity for students to hone their negotiating skills.
Topics will include negotiation preparation, integrative and distributive
bargaining, the effect of psychological factors and social norms in
negotiation, unique issues that arise when lawyers are involved in negotiation,
legal rules affecting the negotiation process, the personal styles of
negotiators, and differences between two-party and multi-party negotiating
situations. The course will meet once a week for an intensive 3-hour workshop,
with each session combining lecture, hands-on negotiating exercises, and class
discussion. Grades will be based on a final examination (50%), class
participation (25%), and performance in negotiation simulations against other
students (25%). The course will be limited to 24 students. Because of the
“hands-on” nature of the class, attendance at all class meetings is mandatory,
and excuses will be given only in the case of illness or family emergency.
Students who will be unable to attend all class meetings should not
enroll. In order to accommodate as many students on the wait list as
possible, enrolled students must decide whether they wish to drop the course
within 48 hours after the first class meeting. Students on the wait list
must attend the first class meeting in order to maintain their priority for
slots that become available.
***************************************************************021
Description:
This in-depth
40-hour training is designed to provide individuals with the critical skills
and knowledge necessary to begin mediating. Exercises, lectures, role-play
sessions, and videos provide participants with the conceptual framework and key
techniques to effectively conduct the seven-stage mediation process. During
role-play sessions CDR provides one trainer for every four trainees so that
each participant will have the opportunity to mediate several disputes and
receive specific feedback and assistance from a skilled and experienced
mediation trainer.
This one-week training program packages CDR’s basic mediation training
with several advanced mediation trainings to offer the beginning mediator a
comprehensive training experience – Basic Mediation Training; Becoming a More
Effective Mediator: Advanced Skills in Identifying Issues, Generating
Alternatives and Caucusing; Negotiation: The Building Block of Dispute
Resolution; The Business of Mediation; and Mediation Ethics.
Audience:
Anyone who wants to develop a comprehensive set of mediation skills.
Participants typically include human resource managers, attorneys, judges,
business leaders, healthcare professionals, supervisors, managers, union
leaders, EEO officers, government employees, clergy, social service personnel,
teachers, and others.
Competencies Learned:
Understanding
of dispute resolution continuum
Ability to
conduct seven-stage mediation process
Knowledge of
special issues that arise in mediation
Ability to
identify, frame, and prioritize the issues to be mediated
Ability to
distinguish between presenting and underlying issues
Understanding
of obstacles to generating alternatives
Ability to use
multiple methods of generating alternatives
Ability to
assist the parties in selecting clear and practical solutions
Understanding
of why, how, and when to use caucusing
Ability to
identify own negotiation style and preferred strategy
Ability to
identify various negotiation strategies and negotiate more effectively
Understanding
of “strategic choice” negotiation
Ability to
assess and address issues of power in negotiations
Knowledge of
existing mediator standards of ethics and conduct
Knowledge of
existing Ohio laws and court rules related to mediation
Ability to
recognize and analyze situations that raise ethical considerations
Lead Faculty:
Scot Dewhirst,
Co-Director, Center for Dispute Resolution
Roberta Mitchell, Co-Director, Center for Dispute Resolution
Terry Wheeler, Co-Director, Center for Dispute Resolution
Description:
Negotiation – everyone does it, but how well
you do it is the difference between getting the best agreement possible or
simply getting a compromise that satisfies no one. This training intertwines
the major components of negotiation theory – attitudes, styles, tactics, and
strategies – with practical applications. This training will also explore the
many sources of power and the various techniques for dealing with power in
negotiations.
Lectures, videos, and exercises create an
interactive experience for learning the characteristics of competitive
positional, cooperative positional and interest-based negotiators. Participants
will also learn the importance of thorough preparation and strategic selection
of negotiation tactics.
Special Note:
Because mediation can be defined as
“assisted negotiation” this training is extremely beneficial in helping
mediators to better understand the negotiation dynamics that occur in mediation
and to better select techniques to overcome barriers to resolution.
Audience:
Anyone who negotiates or mediates.
Competencies Learned:
·
Ability to identify own negotiation style and preferred strategy
·
Ability to identify various negotiation strategies
·
Ability to plan for successful outcomes
·
Understanding of “strategic choice” negotiation
·
Ability to assess and address issues of power in negotiations
·
Ability to negotiate more effectively
Lead Faculty:
Roberta
Mitchell, Co-Director, Center for Dispute Resolution
Description:
Mediation is a process in which a neutral third party assists disputing
parties in coming up with their own solutions to reach a mutually agreeable
resolution. Mediation has proven to be effective in resolving conflicts that
arise in workplaces, neighborhoods, families, and the legal system.
This two-day mediation training is designed to teach the basic skills
used by an effective mediator. No prior mediation experience is required for
individuals taking this course. This training is specifically designed to be
interdisciplinary in nature and is developed to be useful for people with
multiple backgrounds and experience levels.
This fast moving and interesting training combines exercises, videos,
short lectures, written materials, group discussions, and role plays to help
participants learn how to effectively use the seven-stage mediation process.
During role playing sessions CDR provides one trainer for every four trainees
so that each participant will have the opportunity to mediate three different
disputes and receive advice and assistance from a skilled and experienced
mediation trainer in a comfortable and non-threatening environment.
Audience:
Anyone who wants to learn basic mediation skills. Participants typically
include human resource managers, attorneys, judges, business leaders,
healthcare professionals, supervisors, managers, union leaders, EEO officers,
government employees, members of the clergy, social service personnel,
teachers, and others.
Competencies Learned:
Understanding
of dispute resolution continuum
Ability to
conduct seven-stage mediation process
Knowledge of
special issues that arise in mediation
Lead Faculty:
Scot Dewhirst,
Co-Director, Center for Dispute Resolution
Roberta Mitchell, Co-Director, Center for Dispute Resolution
Terry Wheeler, Co-Director, Center for Dispute Resolution
Description:
Mediation provides disputing parties with a unique opportunity to settle
their conflict. The successful resolution of a mediation often depends on the
mediator’s ability to help the parties overcome obstacles that arise during the
mediation.
Disputing parties often fail to settle their conflicts because they are unable
to identify and focus on the actual problem(s) that needs to be resolved. A
mediator's goal is to have the parties themselves take responsibility for their
conflict and empower them to create a mutually acceptable resolution to the
conflict. The mediator who is skilled in helping parties clearly identify the
issue(s), and then generate and evaluate alternatives can greatly increase the
chances of resolution.
Caucusing is a process in which the mediator separates the parties in order
to enhance the potential for reaching a positive resolution to the dispute.
There are many reasons why a mediator might call a caucus including determining
zones of agreements, identifying barriers that could negatively affect the
mediation, preventing disruptive communication, allowing constructive venting
of emotions, or simply examining the strengths or weaknesses of stated
positions. The effective mediator will learn to use caucusing in a way that
will not undermine trust, neutrality, or confidentiality and will increase the
parties chances for a successful mediation result.
Audience:
Mediators
Competencies Learned:
Ability to
identify, frame, and prioritize the issues to be mediated
Ability to
distinguish between presenting and underlying issues
Understanding
of obstacles to generating alternatives
Ability to use
multiple methods of generating alternatives
Ability to
assist the parties in selecting clear and practical solutions
Understanding
of why, how, and when to use caucusing
Lead Faculty:
Scot Dewhirst,
Co-Director, Center for Dispute Resolution
Description:
This one-half day training program is designed to enhance a mediator’s
ability to prepare for and conduct a mediation process. The training will
identify those factors that must be explored before the actual mediation
commences and those that influence the potential for a successful outcome at
the mediation. This pre-mediation assessment involves examining the original
dispute and clarifying the parties who need to be present at the mediation, as
well as identifying the work that the parties and the mediator need to do prior
to the beginning of the actual mediation. Special emphasis is placed on exploring
whether the dispute is "ripe" for mediation and whether the parties
are ready to commence the mediation process. Issues such as the parties’
authority to mediate, selection of the appropriate mediator, location of the
mediation, and costs of the mediation process are all explored. Initial contact
forms, notices, and agreements to mediate are reviewed and analyzed.
Audience:
Mediators
Competencies Learned:
Knowledge and
ability to conduct pre-mediation assessments
Understanding
of factors that increase the potential for success in mediations
Ability to use
mediation forms and documents
Knowledge of
how to conduct the business of mediation
Lead Faculty:
Scot Dewhirst, Co-Director, Center for Dispute Resolution
Description:
Mediation Ethics is a
complex topic because it involves various mediator standards of practice,
numerous professional codes of conduct and standards of ethics, and a variety
of state laws and court rules. This workshop explores the interaction of these
various ethical guides within diverse mediation contexts and engages
participants in thoughtful and insightful discussions.
Audience:
Mediators and
anyone – attorneys or parties – that plan to participate in mediation.
Competencies Learned:
Knowledge of
existing mediator standards of ethics and conduct
Knowledge of
existing Ohio laws and court rules related to mediation
Ability to
recognize and analyze mediation situations that raise ethical considerations
Lead Faculty:
Terry Wheeler,
Co-Director, Center for Dispute Resolution
Description:
This two-day workshop examines conflicts that create disruptions in the
work environment. Unresolved conflicts reduce employee productivity, disrupt
the cooperative workplace environment, and create potentially unsafe
conditions. Comprehensive conflict management programs allow employees to
effectively resolve conflicts as soon as possible in order to build better
workplace relationships, reduce the costs of workplace conflict, increase
productivity, and create an environment that values everyone.
The first day of the workshop focuses on conflict analysis, while the
second day focuses on skill building. Using a combination of exercises,
lectures, and discussions, this workshop will explore the following topics:
conflict response styles, personality types, psychological needs, interests vs.
positions, stages of team development, elements of problem-solving
communication, and comprehensive conflict management program designs. Exercises
and role plays will help participants to practice and learn skills for
preventing disputes, de-escalating conflict situations, and resolving problems.
Audience:
Human Resource Mangers, Union Leaders, Managers, Employees – anyone
seeking information and skills to better understand, prevent, and manage
conflicts that arise in the workplace.
Competencies Learned:
Basic conflict
management theory
Ability to analyze
conflict escalation
Skills for
preventing and de-escalating conflict
Improved set
of conflict management skills
Understanding
of workplace conflict management options
Lead Faculty:
Terry Wheeler,
Co-Director, Center for Dispute Resolution
CONCENTRATION IN:
Statistics now
show that almost 95 percent of all legal cases are being settled prior to
trial. In fact, many courts are beginning to require mediation and/or court
annexed arbitration before a case can be tried. For these reasons, mediation,
negotiation and arbitration skills are important competencies for law students
to develop during their law school years. Students looking to gain expertise in
these areas should consider Capital's alternative Dispute Resolution
concentration.
Capital's Dispute Resolution program allows students to mix classroom work with practical opportunities. The concentration offers over 10 elective courses for students to choose from, with a number of additional courses currently in development. Among these courses is the Mediation Clinic which allows students to work with actual clients involved in cases through the municipal, small claims and juvenile courts. Additionally, Dispute Resolution students have the oppor
