SUMMER & FALL 2015
IN THIS ISSUE 2
FACULTY SPOTLIGHT
2
CNDR LEADS GLOBAL PANEL
2
HOSTING INTERNATIONAL VISITORS
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CNDR WELCOMES NEW LECTURER
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UPCOMING PROGRAMS AND EVENTS
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EXCITING NEW SEASON FOR ADR TEAM
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TRAINING INTO PRACTICE
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THANK YOU FALL 2015 ADJUNCTS
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ELEVEN COUNTRIES, FIVE DAYS, ONE MISSION
10 BRINGING COURT MEDIATION TO COUNTRIES AROUND THE WORLD
In this special edition of COMMUNIQUE, we share news of our exciting summer and fall, in which we hosted judges and lawyers from 11 different countries for the International Court ADR Institute. In addition, we alert you to opportunities coming in the near future. Questions, comments and contributions are always welcome; just email us at cndr@uchastings.edu.
UPCOMING EVENTS Mediation Around the World OCT 9, 2015 I 12:00 - 1:00 PM
Building Personal Resilience OCT 14 2015 I 3:00 - 4:30 PM
Meet the Masters OCT 28, 2015 I 3:30 - 4:30 PM
International Arbitration in Asia Conference
Enjoy, Sheila Purcell
JAN 22, 2016
Clinical Professor & CNDR Director
Northern California ADR Faculty Conference FEB 27, 2016 1
FACULTY SPOTLIGHT CLINICAL PROFESSOR CAROL IZUMI was a discussant on the topic “ADR in Faculty Governance and Change: What Works – If Anything – and What Doesn’t” at the Southeastern Association of Law Schools Annual Conference in Boca Raton, Florida on July 28, 2015. The discussion group included many well-known dispute resolution academics from across the country (photo right). On May 7, 2015, Clinical Professor Carol Izumi delivered the opening plenary presentation (with Claudia Viera, Esq.) on “Implicit Bias and Mediator Neutrality” at the annual conference of the International Academy of Mediators in San Francisco. The 3-day conference drew dispute resolution veterans from around the globe to the Bay Area.
PROFESSOR CLARK FRESHMAN was a plenary speaker in May to the Academy of Labor Arbitrators national meeting. He spoke on “The Science of Credibility and Avoiding Cultural Bias.” He was introduced by Chris Knowlton, the famed labor arbitrator and former Director of CNDR. Clark gave an all day class at the Oregon Law Institute on “Lies
in Negotiation.”
CNDR LEADS
HOSTING
GLOBAL PANEL
INTERNATIONAL VISITORS
In April, Sheila moderated a panel at the ABA Dispute Resolution Conference in Seattle. The panel, entitled “ADR Around Asia”, included Matrika Niraula, Secretary General Nepal International ADR Center (photo above), and Sukhsimranjit Singh, Lecturer in Law and Interim Director of the Center for Dispute Resolution at Willamette Law School.
This June CNDR had a visit from Sudharshana Sunder (photo above with Michelle), a mediator from Chennai, India. Sudharshana attended a court ADR training Sheila co-taught in Bangalore, India this past February. She came to visit CNDR to discuss her plans for expanding and enhancing court ADR in Chennai.
Sheila was joined by Michelle Adeoye, CNDR’s Senior Academic Program Coordinator, who visited with attendees at the CNDR exhibit booth. 2
The Center also had a late July visit from Professor Shahla Ali of the University of Hong Kong regarding conflict engagement.
CNDR WELCOMES NEW LECTURER, DEBRA GERARDI, JD, MPH, RN While no stranger to CNDR, leading past workshops and classes, CNDR officially welcomes Debra Gerardi as the Center’s newest Lecturer in Law. Debra brings over 15 years of experience as a conflict specialist, consultant and mediator specializing in work with healthcare organizations internationally. She has provided professional services to over 100 leading healthcare organizations and over 30 academic and community medical centers. She looks for creative approaches for removing barriers to collaboration and for ways to inspire busy professionals to connect their ‘whole selves’ to their work and to their connections with others.
More on Debra can be found online at http://uchastings.edu/academics/faculty/facultybios/geradi/index.php.
UPCOMING EVENTS CNDR IS HOLDING ITS FIRST IN-HOUSE OFFERING FOR UC HASTINGS STAFF. THIS GIVES YOU A SENSE OF SOME OF DEB’S WORK.
BUILDING PERSONAL RESILIENCE USING THE CYCLE OF RENEWAL WORKSHOP FACILITATOR: DEBRA GERARDI The semester is back in full swing and it is easy to get lost in demands associated with meeting the needs of students and others. This workshop is offered by the Center for Negotiation and Dispute Resolution for MANAGERS AND STAFF who would like to explore strategies for remaining resilient in the midst of heavy workloads and busy lives. This interactive workshop will introduce you to the CYCLE OF RENEWAL developed by Hudson Institute and will walk you through a model for making sense of change and identifying the life skills needed for navigating each phase and chapter of your life. You will leave the workshop with a short plan for boosting your resilience before heading into the busy end of semester crunch time and the craziness of the holiday season.
OPEN TO ALL UC HASTINGS MANAGERS AND STAFF (others interested should contact Michelle Adeoye at adeoyem@uchastings.edu)
WEDNESDAY, OCTOBER 14 3:00 PM - 4:30 PM I ROOM M120 RSVP BY OCTOBER 9 - https://uchastings.webconnex.com/resilience 33
The CENTER FOR NEGOTIATI ON AND DISPUTE RESOLUTION presents:
Join CNDR for a look at the use of Mediation across the globe.
F R I D AY, O C T O B E R 9 CLASSROOM 219
I I
12:00 PM - 1:00 PM 198 MCALLISTER
LIGHT REFRESHMENTS WILL BE SERVED. EVENT IS FREE AND OPEN TO THE PUBLIC. NURIA GONZALEZ -MARTIN MEXICO Ms. Gonzalez-Martin is a certified mediator in family, civil and commercial law as well as a professor and senior researcher at the Law Research Institute of the National Autonomous University of Mexico. As part of her ongoing comparative research in cross-border child abduction and protection issues, Ms. Gonzalez-Martin intends to expand the use of ADR in international family law cases. Ms. Gonzalez-Martin plans to promote conflict resolution by establishing further ADR processes within academic, judicial and governmental sectors in Mexico.
JIANG LIPING CHINA Ms. Jiang is a mediator at the Shanghai Commercial Mediation Center and former judicial assistant at the Dongguan Municipal No. 2 People’s Court, a national pilot site for the implementation of courtconnected ADR programs in China. Upon her return, Ms. Jiang intends to promote the establishment of private mediation in China as a complement to existing court-connected ADR programs.
YA E L S H E M M E R I S R A E L Ms. Shemmer is a labor and employment lawyer from Israel. As a practitioner in one of Israel's leading labor firms, she was involved in large-scale labor disputes and collective negotiations, and handled discrimination cases. Since she graduated from the ILR School at Cornell University, where she also studied dispute resolution, she has been volunteering as a mediator for Santa Clara county courts.
M AY U WAT A N A B E J A P A N Ms. Watanabe is a doctoral candidate in business law at the Graduate School of International Corporate Strategy at Hitotsubashi University, specializing in dispute system design. Upon her return to Japan, she has a goal of establishing a private dispute resolution service provider in Japan . 4
T h e C E N T E R F O R N E G O T I AT I O N A N D D I S P U T E R E S O L U T I O N a n d t h e L I T I G AT I O N A N D D I S P U T E R E S O L U T I O N C O N C E N T R AT I O N a r e p l e a s e d t o p r e s e n t :
MEET THE WEDNESDAY, OCTOBER 28 3:30 - 4:30 PM
HONORABLE STEVEN DYLINA is a judge for the Superior Court of San Mateo County in California who, amongst other efforts oversaw the 100+ PGE San Bruno Fire cases and their settlements.
CLASSROOM D
CATHY YANNI has been a
WILLIAM L. NAGLE has
MARTIN QUINN, a JAMS
full-time neutral for more than 15 years. Her practice includes mediation, arbitration, and special master/discovery referee and settlement allocation work.
practiced for nearly forty years; twenty years as an insurance defense trial lawyer and twenty years as a full time Special Master/Mediator with an emphasis in construction disputes.
panelist for 20 years, is routinely appointed by federal and state judges to act as a special master or referee for significant motions, to supervise discovery, and to accomplish settlements.
These high profile and complex cases were resolved by “SPECIAL MASTERS” and yet most attorneys are relatively unfamiliar with this important ADR process. Join the HONORABLE STEVEN DYLINA and three preeminent BAY AREA SPECIAL MASTERS for a discussion of why this process matters, how it works and how to use it. EVENT IS FREE AND OPEN TO THE PUBLIC.
LIGHT REFRESHMENTS WILL BE SERVED. LEARN- NETWORK- SNACK! 55
INTERNATIONAL ARBITRATION IN ASIA CONFERENCE
NORTHERN CALIFORNIA ADR FACULTY CONFERENCE
SAVE THE DATE: JANUARY 22, 2016
SAVE THE DATE: FEBRUARY 27, 2016
CNDR is joining up with the UC Hastings Far East Studies Program and the Chartered Institute of Arbitrators (an international organization with over 10,000 members that provides training, certification, and international ADR education) for a one day conference at UC Hastings devoted to cutting edge topics concerning Asia-related international arbitration and ADR.
FOR ADR INSTRUCTORS This year’s Northern California ADR Faculty Conference, cosponsored by UC Hastings and Stanford, will be hosted by Santa Clara University. The conference will be held at Santa Clara Law School on Feb. 27, 2016. This event explores cutting edge teaching practices in Negotiation and ADR and is aimed at those teaching these subjects in law schools, undergrad and in business schools.
Confirmed speakers include Teresa Cheng, a leading arbitrator and advocate from Hong Kong and former FOR FURTHER INFORMATION ON UPCOMING EVENTS, PLEASE president of the Chartered Institute; and Datuk Sundra CONTACT MICHELLE ADEOYE AT ADEOYEM@UCHASTINGS.EDU Rajoo, the Director of the Kuala Lumpur Regional Centre for Arbitration and the incoming 2016 President of the Chartered Institute.
EXCITING NEW SEASON FOR ADR TEAM
It has been a very successful tryout season for the UC Hastings ADR Team, led by Lecturer and Team Coach Clint Waasted. Thanks to all of you who participated and helped in supporting the team. This year we had over 100 people participate in our tryout process, which consisted of seven 2.5 hour workshops and negotiation simulations, a four hour weekend Negotiation Training Seminar, and four 1 hour problem preparation workshops. The entire process culminated in our In-School Competition on Saturday, September 19, where 48 students competed to determine competition assignments and the final Team Roster.
The teams first competition was the National Sports Law Negotiation Competition at Thomas Jefferson School of Law in San Diego on September 26-27 where we placed in the top ten. Upcoming we have an INADR International Mediation Tournament in Boston on October 9-11 and the American Bar Association Negotiation Competition in San Diego on November 13-14. Thanks again to all of the practitioners who coached and gave feedback during tryouts! WE COULDN'T HAVE DONE IT WITHOUT YOU!
Robert McBride Stephanie Peter Dennis Weaver Leon Jon Bonney Jack Eskridge
Rachel Ehrlich Jack Russo Eric Beiswanger Anthony David Robert La Vine
2015 VOLUNTEER COACHES & JUDGES Harrison Sheppard Komal Chokshi Jonathan Kaplan Ila Deiss Roger Moss Richard Flier Kenneth Sheppard Nick Campbell Alina Laguna Michelene Insalaco 66
Serena Lee Charles Regal Amy Thomas Robert Fries Gail Mitchell
Robert Aune Naomi Ramsden Abigail RamsdenFrank John Dittoe
TRAINING INTO PRACTICE
A DEBRIEF OF FEW OF THE PAST PROGRAMS CNDR HOSTED OR SUPPORTED FOR ADR PRACTITIONERS.
ONLINE DISPUTE RESOLUTION CONFERENCE JUNE 3-5, 2015 This years Online Dispute Resolution Conference was held at Pace University in NY and Prof. Vikki Rogers was the primary host. Last summer UC Hastings and Stanford co-hosted the event which included a “Hackathon for Justice” and both this and last years conference drew cutting edge thinkers from around the world to look at the latest tools and technologies for resolving disputes online and off. (Photo right: Sheila and Noam Ebner of Creighton)
ADVANCED PRACTICE MEDIATION AND CONFLICT RESOLUTION MAY 9, 16, & 30 2015 Teresa Carey , a leading Bay Area mediator and pioneer in the field, along with guest lecturers led a special three day workshop to help hone and refine practitioners' mediation and conflict resolution skills. Participants had the opportunity to put what they learned into practice by working through real world cases with personalized coaching, debrief and discussion. (Photo right: Teresa Carey and workshop attendees)
MEDIATION SOCIETY SUMMIT MAY 15, 2015 The Mediation Society brought together practitioners and organizations for a first ever Mediation Summit. Sheila gave a Keynote address on “Trends in ADR Education” at the Summit and 4 of her students also presented their research findings on the " State of the Mediation Community in the Bay Area". (Photo right: Sheila and student Megan Miller)
MASTERING THE FUNDAMENTALS OF MEDIATION JUNE 10-12 & 15-16, 2015 In June, a diverse group of lawyers, mediators, law professors participated in a 40 hour mediation certificate training led by Jessica Notini. The training was part of UC Hastings’ Summer Legal Institute and was open to both students and the public. The training provided a unique blend of mediation theory, hands-on mediation skills training and an exploration of the sensibilities and personal qualities required to be an effective mediator. (Photo right: Jessica Notini)
THANK YOU FALL 2015 ADJUNCTS! FIRST ROW (LEFT TO RIGHT):
Margaret Corrigan, Negotiation & Settlement; John Dean, Negotiation & Settlement; Arlene Kostant, Negotiation & Settlement; John Ford, Negotiation & Settlement SECOND ROW (LEFT TO RIGHT):
Jan Gruen, Negotiation & Settlement; Jessica Notini, Negotiation & Settlement; Magistrate Judge Maria-Elena James, Judicial Settlement Conference; Anton Ware, International
Commercial Arbitration In addition, CNDR’s fall semester courses included the following taught by core faculty and lecturers:
Emotions Mindfulness, & Law Clark Freshman Facilitation for Attorneys Sheila Purcell Debra Gerardi
Mediation Civil Justice Mediation Clinic 7
Clint Waasted Carol Izumi Gail Silverstein
ELEVEN COUNTRIES, FIVE DAYS, ONE MISSION Photo highlights from the INTERNATIONAL COURT ADR INSTITUTE, courtesy of Jim Block Photography
The International Court ADR Institute was an one week program, August 10 - 14, 2015, involving non-U.S. judges, attorneys and court administrators to who came to learn to design and implement court ADR programs in their respective countries.
The program was taught by Claudia Bernard, Chief Circuit Mediator for the United States Court of Appeals for the Ninth Circuit; Howard Herman, Director of ADR Programs for the United States District Court for the Northern District of California; and Sheila Purcell, Director of the Center for Negotiation and Dispute Resolution at UC Hastings, and former ADR Director for the Superior Court for the County of San Mateo, California. This year the Institute accepted participants from eleven different countries representing countries in Latin America, Sub-Saharan Africa, the Middle East/Northern Africa, Europe, and Asia. The diverse group of participants came from courts at different stages of development bringing with them a variety of perspectives, making the week an educational and enriching experience for the participants and faculty.
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Institute Faculty and staff, Gabrielle Parris, Sheila Purcell, Howard Herman, Claudia Bernard, and Michelle Adeoye.
Many thanks to the Carolyn Purcell (middle) and Steve Purcell and the Silicon Valley Foundation for their generous contribution to the Institute.
Chief Judge Phyllis Jean Hamilton welcomes the group to the U.S. Northern District Court.
Mediator Maciej Taniski, Judge Mohammed Halim , Judge Do Thuy Thanh, Mediator Liping Jiang, Lawyer Aleksandre Tsuladze, and Judge Harrison Mutabazi.
Senior Circuit Judge Michael Daly Hawkins of the United States Court of Appeals for the Ninth Circuit shares a few words at the opening reception.
UC Hastings Chancellor and Dean, Frank Wu, shares welcoming words to the attendees and guests.
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BRINGING COURT MEDIATION TO COUNTRIES AROUND THE WORLD ARTICLE COURTESY OF UC HASTINGS NEWSROOM
The Center for Negotiation and Dispute Resolution’s (CNDR) one-of-a-kind Institute hosted judges, mediators and court administrators from Austria, Bangladesh,
time and money by encouraging adversaries to talk directly to one another with the assistance of a neutral mediator. The concept of using ADR to resolve disputes translates across cultures, unlike many other areas of law, which are more constrained by countries’ own legal procedures. “In some ways it’s audacious to think that people from 11 different countries with vastly different legal systems can learn from us and each other, but there are common elements that every court needs to grapple with when establishing mediation programs,” remarked Purcell.
China, Egypt, Georgia, Lebanon, Mexico, Nigeria, Poland, Rwanda, and Vietnam during a weeklong intensive academic program that equips attendees with the knowledge and tools to envision, design and implement court mediation programs in their home countries.
Sheila Purcell '86, Clinical Professor of Law and Director of CNDR, helped found and teaches the Institute with co -faculty and fellow UC Hastings’ alumni Claudia Bernard ’86, the Chief Circuit Mediator for the Ninth Circuit Court of Appeals and Howard Herman ’83, Director, ADR Program, United States District Court, Northern District of California. He is also the new Chair of the American Bar Association’s Dispute Resolution Section. The three lawyers are well-known leaders and educators in the field of alternative dispute resolution (ADR).
The participating countries are at different stages in their court mediation programs. Some boast established initiatives while others are first contemplating how to design them. Faculty teach this hands-on and interactive Institute by offering an overview of ADR practice, assisting participants in assessing needs in their systems, explaining the elements of program design, addressing implementation issues faced by mediation programs and advising participants on ongoing program development.
Mediation programs can give parties greater control of their cases and can save courts and parties substantial 10
In addition to the coursework, participants visit the faculty members’ courts to see the physical facilities, meet judges and ask questions of people who are involved in mediation on a daily basis. The three faculty members also provide technical assistance consultations to the participants. “The consultations are the most unique aspect of our program. We look at the attendees’ plans and provide advice. In the six months following the Institute, we remain available to provide additional consultation via email and Skype,” said Purcell.
“Working with judges and lawyers from across the globe has made me realize how much change can be driven by individuals with vision and determination,” remarked Herman.
Comparing the Institute to a small Model UN, Purcell appreciates that its value derives not only from the course work, but also from the learning opportunities the participants receive from one other. Bernard concurred, “By far the most rewarding aspect of the program is spending an intense week with thoughtful, curious, Although not every participant returns to mount a full engaged judges and lawyers from all over the globe. The court mediation program, most of them apply the lessons relationships have been incredibly rewarding. I learn as learned. And some former participants have had great much from them as they do from me.” success getting programs off the ground. One participant from Armenia received funding from the country’s Ministry of Justice and created a five-year strategic plan that that USAID is helping fund. Another participant from South Africa started a small claims mediation clinic for low-income people. A judge from Mozambique has Photo Credit: Jim Block Photography asked Purcell, Herman and Bernard to visit his country (pg 10 ) Mediator Maciej Taniski (Poland), Mediator Jiang Liping (China), Judge Harrison Mutabazi (Rwanda), Judge Mahmoud Mourad (Egypt) to help implement new laws to promote mediation. (pg 11) Judge Mostafa Elsheif (Egypt) and Judge Do Thuy Thanh (Vietnam) 11