Pepperdine University Inside Straus Digest

2020 | THE YEAR OF THE MEDIATOR

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This is not a normal year. Our world has been upended by a global pandemic, thrusting everything we know into disorder. Our nation has grappled with sweeping protests against racial inequality, violence in many of our cities, and political polarization related to the 2020 election. In the midst of these challenges, I am most proud of our ability to model faith and wisdom, leadership and resilience. And to remind a world teetering on the edge that meeting such challenges demands that we “do justice, love kindness, and walk humbly with our God” (Micah 6:8).

—Paul Caron Duane and Kelly Roberts Dean and Professor of Law

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Contents 2 The Year of the Mediator 3 A Reimagined Purpose and an Inspiring Gift

4 Introducing Beyond the Dialogue

6 Faculty Updates 8 A Vibrant Virtual Community

Inside straus 2020 Inside Straus is the annual publication of the Straus Institute for Dispute Resolution at the Pepperdine Caruso School of Law. The institute also publishes the blog Inside Straus and an e-newsletter, Common Ground, for its audience of students, alumni, faculty, and friends.

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the year of the mediator What an unprecedented year we have endured together as a nation and as a global community! The ongoing COVID-19 pandemic, the movement for racial justice sparked this summer, and the volatility of the recent presidential election have illuminated the deep pain, systemic inequity, and political divisions that shape our society.

As lawyers, mediators, and dispute resolvers, we can see the incredible work that lies ahead; indeed, conflicts abound in times of scarcity and fear. While the road to healing seems daunting and even impossible to navigate at times, we have faith in the transformative power of vulnerability, dialogue, and reconciliation. It is the bedrock of our field.

This year at the Straus Institute, we have rolled up our sleeves and gotten to work. In the pages that follow, you will learn about our new initiative, Beyond the Dialogue, which explores dispute resolution’s potential to advance peace and justice. Our students and alumni are actively serving local community members through mediation services, and our faculty are lending their expertise to cityand state-based efforts aimed at identifying and resolving conflicts.

This year has taught each of us different lessons at various points; the one that has stuck with me is one of gratitude. I am tremendously grateful to work alongside a brilliant cadre of colleagues on our faculty, lead a fantastic team of professionals at our institute, and teach the next generation of students. I also thank you for supporting Straus and send my best wishes for good health to you and your family.

Sukhsimranjit Singh Judge Danny Weinstein Managing Director and Associate Professor of Law and Practice

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Judge Danny RECEIVES PEACEMAKER AWARD

A Reimagined Purpose and an Inspiring Gift On July 7 Judge Danny Weinstein (known by the ADR community as “Judge Danny”), made a generous $1 million gift to the Straus Institute, which includes a commitment to expand the school’s international reach by establishing the Judge Danny Weinstein Endowed Scholars Program in Dispute Resolution. “We as a society are dealing with many crises at the moment, making Pepperdine’s mission of preparing a talented, diverse group of students to be tomorrow’s leaders and peacemakers more vital than ever,” said Judge Danny.

Judge Danny is a founding member of JAMS, the largest provider of ADR services worldwide. One of the nation’s preeminent mediators of complex civil disputes, he is recognized as a premier mediator of multiparty, high-stakes cases, both in the United States and abroad.

Click here to read more about Judge Danny’s gift

Judge Danny’s gift enables the Straus Institute to create spaces like Beyond the Dialogue, which fundamentally advance values of equity, fairness, and justice through the lens of dispute resolution. In the midst of the COVID-19 pandemic, Judge Danny participated in multiple online events, offering his wise counsel and insights to Straus’ students, mediators, and the broader Caruso Law community of faculty and staff.

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Introducing Beyond the Dialogue The ongoing global pandemic and the nationwide movement for racial justice have illuminated deep-rooted inequities in our society. The polarized nature of public discourse on these emotional issues has left little room for community-oriented values of empathy, respect, and reconciliation. At the Straus Institute, we are determined to provide a forum for civil dialogue that furthers these values and unites individuals and communities.

Beyond the Dialogue is our new initiative to that end. Our foundation at the Pepperdine Caruso School of Law, a law school grounded in faith and public service, inspires us to serve and uplift local communities through innovative partnerships that push the boundaries of dispute resolution and advance peace and justice for all.

We invite you to learn more about Beyond the Dialogue’s online resources and opportunities to serve the community in addition to the two efforts highlighted on the next page. Our students, alumni, and faculty are finding creative solutions to support local government entities so that they can more effectively serve residents and community members during the pandemic. We hope that you will join us in our efforts.

Read more about our efforts to advance social change 4

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Assisting Landlords and Tenants in Navigating the Pandemic The Straus Institute is collaborating with the City of Santa Monica to provide mediation for landlords and tenants who are navigating payment of deferred rent alongside city- and statewide eviction moratorium orders in place through the end of the year. Pro bono services will be offered through the Straus Mediation Clinic and externship program.

This collaboration aims to equip residential and commercial landlords and tenants with an understanding of available options as they

Shaping the Dialogue on Policing This summer’s movement for racial justice has led to a national conversation on the use of force and related police policies and procedures. At Straus, we believe that a critical need for intervention exists, one that allows community members of color to feel safe and provides police with renewed strategies, information, and support on issues of racial inequity and bias.

Professors Stephanie Blondell and Sukhsimranjit Singh have facilitated multiple community dialogues on policing

consider payment of deferred rent, including using alternative dispute resolution or civil litigation to move forward.

On October 20 the institute participated in a community information session on mediation that informed participants on how mediation services may assist them in resolving their rental disputes. More than 50 community members joined the event, and many have since taken advantage of the institute’s pro bono services. The institute also took part in a Santa Monica Chamber of Commerce virtual town hall on September 3 to engage commercial landlords and tenants.

that empower individuals to share their experiences in the presence of law enforcement. While much remains to be discussed—especially in the wake of national protests following the death of George Floyd— these conversations have led to an increased understanding in certain geographic areas.

Additionally, through a generous grant from the Open Society Foundation, the Caruso School of Law collaborated with the Los Angeles Police Department and the Los Angeles Women’s Police Officers and Associates to provide conflict management training to sworn and civilian police employees.

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FACULTY UPDATES

Keep up with the latest Straus Institute news

STEPHANIE BLONDELL Stephanie Blondell has convened and facilitated a weekly meeting of the Clinical ADR New Normal Think Tank, a group of clinical faculty in dispute resolution adapting clinics to COVID-19 challenges. The group discusses topics such as online

dispute resolution, anti-racism curricula, and online pedagogy. While clinicians serve as the group’s core participants, ADR podium professors also join and contribute to the conversations.

JACK COE Jack Coe is the principal author of “Arbitration’s Actual and Perceived Features—Cases and Commentary,” in the forthcoming book, International Commercial Arbitration, A Global Perspective. He has also recently

served on legal teams retained in connection with the arbitration of international distribution contract issues involving global companies and well-known products.

MICHAEL HELFAND Michael Helfand’s current projects include “The Peculiar Genius of Private-Law Systems: Making Room for Religious Commerce” in an upcoming issue of the Washington University Law Review and “From Public Law to Private Law: Promoting Religious Values Through Private

Dispute Resolution,” to be published in Christianity and Private Law. He recently published a chapter, “The Future of Religious Arbitration in the United States: Looking Through a Pluralist Lens,” in the Oxford Legal Handbook on Global Legal Pluralism.

SUKHSIMRANJIT SINGH Sukhsimranjit Singh’s recent Fordham Law Review article, “Access to Justice and Dispute Resolution Across Cultures,” examines ADR’s role in the access to justice continuum for underserved communities. His article, “Global Dispute Resolution Conference: Reflections, Trends,

and Continued Development,” was recently published in the Pepperdine Dispute Resolution Law Journal. Singh is coauthoring an arbitration casebook that focuses on the intersection of international commercial arbitration and the Indian legal system.

MAUREEN WESTON Maureen Weston’s recent scholarship includes “Buying Secrecy: Non-Disclosure, Arbitration, and Professional Ethics in the #MeToo Era,” in a forthcoming issue of the Illinois Law Review; “Ethical Issues for Lawyering and Representing 6

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Organizational Clients in a Public Health Crisis,” for the Gonzaga Law Review; and “The Lasting Impact of COVID-19 on Sports: Financial, Legal, and Innovation,” which will appear in the Santa Clara Law Review.

Peter Robinson Delivers Keynote at Southern California Mediators Conference On November 7 Peter Robinson delivered the keynote address, Humble Curiosity, at the annual conference for the Southern California Mediation Association (SCMA). Robinson remarked, “People in conflict believe they are right and the other person is wrong. Piaget’s model of human development explains why exposure to the other side of conflict is critical for growth. Humble curiosity prepares us to hear and possibly be affected by the other perspective on the conflict.”

The SCMA conference, Mediators Rising to the Challenge, also included workshops by Straus adjunct faculty, as well as from several mediators who have participated in the institute’s professional training programs.

In April, Robinson retired from a remarkable 30-year career at the school of law, first as codirector and then managing director of the Straus Institute for Dispute Resolution. Robinson transformed the lives of generations of students, launching them into successful careers in arbitration, mediation, and negotiation.

Tom Stipanowich Engages Historians and Legal Scholars on Presidential Leadership Tom Stipanowich has several passions: his family, teaching law, creating art, and Abraham Lincoln. Stipanowich, who holds the William H. Webster Chair in Dispute Resolution as a professor of law at the Pepperdine Caruso School of Law, has recently focused his research on Abraham Lincoln’s legacy as a problem solver, leader, and manager of conflict. He is currently writing an article that explores a pivotal period in Lincoln’s life and career in which he grappled with two critical conflicts involving his honor and reputation.

In the online symposium Presidential Leadership in Times of Crisis, hosted by Caruso Law on October 29, he spoke about Lincoln’s role in the emancipation of four million Black Americans.

“Lincoln’s evolution as a lawyer, politician, leader, and human being offers many lessons on the critical importance of rational deliberation, effective self-management, empathy, and the ability to listen,” Stipanowich explained. “He is a perfect exemplar for our time.”

He transitioned back to full-time scholarship and teaching this fall after serving 14 years as codirector of the Straus Institute. Stipanowich’s research on mixed-mode dispute resolution processes led to a chapter, “Multi-Tier Commercial Dispute Resolution Processes in the United States,” for a forthcoming book, Multi-Tier Approaches to the Resolution of International Disputes: A Global and Comparative Study. His article, “Arbitration, Mediation, and Mixed Modes: Seeking Workable Solutions and Common Ground on Med-Arb, Arb-Med, and Settlement-Oriented Activities by Arbitrators,” forthcoming in the Harvard Negotiation Law Review, is a primary source for practice guidelines being developed by the International Task Force on Mixed Mode Dispute Resolution and a parallel effort by the College of Commercial Arbitrators. Stipanowich’s career and contributions are highlighted in a chapter entitled “Synchronicity, Paradox, and Personal Evolution,” in a new book, Evolution of a Field: Personal Histories in Conflict Resolution.

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A vibrant virtual community

Learn about our upcoming virtual events news

Although we were unable to gather on campus in Malibu for the majority of this year, we took advantage of the shift to remote instruction to expand our reach to new audiences and reconnect with friends from around the world. In doing so, we cultivated a dynamic online community that engaged in meaningful conversations, interactive training, and rigorous academic courses.

Public Policy and Dispute Resolution

Your ADR Career Series

Alumna Fhanysha Clark (JD ’17, MPP ’17) serves as deputy city attorney for the City of Sacramento, where she works to address policy obstacles using dispute resolution strategies. Students learned firsthand from Clark how local governments are devising creative solutions to minimizing the risks presented by COVID-19 and related challenges.

In honor of Mediation Week, the institute launched Your ADR Career, a series of skills and best practices job-search workshops for our newest students.

The virtual workshop series was led

by Aparna Gupta, associate director of professional development and external relations, who works with all students on advancing their career goals.

Reimagining Justice Series As a FUSE Corps executive fellow, Shadeequa Smith (LLM ’18), advances criminal justice reforms by engaging with the Los Angeles County Probation Department to provide varying levels of pretrial assessments and post-release services in the community. She shared her important work with students in a conversation inspired by the movie and book, Just Mercy, which profiles Bryan Stevenson, lawyer and founder of the Equal Justice Initiative.

Women in ADR

Challenges and Opportunities for Young Mediators Brazilian lawyer, commercial mediator, and current LLM student Andrea Navarro shared her career trajectory and discussed opportunities for recent graduates.

They Should Call It Negotiation School, Not Law School

In collaboration with the Multicultural Law Coalition, a University student-run organization, this event highlighted the achievements of women in dispute resolution. The panel included Cristina Ryan, director of ADR services, American Arbitration Association; Denise Madigan, Madigan ADR; and Lydia Liberio, attorney and mediator for Law Offices of Lydia Liberio.

John Lande, a distinguished scholar in dispute resolution from the University of Missouri School of Law, joined professors Singh and Robinson for an insightful discussion. The talk centered upon the essential role of negotiation skills in law school curricula and ADR’s overall utility for litigators.

Ombuds Day

Introduction to Community-Based Mediation

The institute celebrated Ombuds Day 2020, an initiative started by the ABA Section on Dispute Resolution to raise awareness about the growing profession. Two alumnae, Dana Hinojosa (MDR ’15), associate ombuds at the University of California, Davis; and LaCrisia Gilbert (MDR ’97), ombuds for National University; were joined by the campus ombuds for the University of California, Santa Barbara, Caroline Adams. The three panelists discussed their work as ombuds, COVID-related challenges, and ADR skills that advance their work.

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Students had a chance to learn about community-based mediation practice and current efforts from D. G. Mawn, president of the National Association for Community Mediation; Shadeequa Smith (LLM ’18), current FUSE Corps fellow; and Victor Pham, mediator with Orange County Human Relations.

The panelists discussed ADR-focused service opportunities.

LLM Student Jeff Trueman Published in Washington Journal of Law and Policy Experienced mediator from Maryland and current LLM candidate Jeff Trueman published “Mediation in the World of Commercial Dispute Litigation: An Inside Look at the Challenges for Counsel, Mediators, and Insurance Claims Professionals,” in the Washington Journal of Law and Policy.

Trueman interviewed civil litigators, mediators, and insurance claims professionals to understand how commercial mediation has changed to respond to demands by its users. His “survey suggests that, with increasing frequency, mediators and parties do not control the process—attorneys and insurance claims professionals do.” Trueman’s work was also featured on the popular Indisputably blog on ADR—both in an article and as part of a discussion with John Lande, who manages the blog.

Tina Patterson Receives American Bar Association Dispute Resolution Fellowship Tina Patterson, who is currently pursuing her master of dispute resolution at the Straus Institute, was selected for the American Bar Association Dispute Resolution Section’s Fellowship program. An experienced ADR professional, Patterson serves as principal for Jade Solutions, LLC and has been on panels for the American Arbitration Association, International Institute for Conflict Prevention and Resolution, and Financial Industry Regulatory Authority, among others.

The fellowship is directed at cultivating the next generation of leadership by equipping fellows to grow their career and professional network in the ADR field.

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PEPPERDINE UNIVERSITY Caruso School of Law Straus Institute for Dispute Resolution 24255 Pacific Coast Highway Malibu, CA 90263-4655

Straus Institute for Dispute Resolution

Upcoming Dates

straus.pepperdine.edu dracademics@pepperdine.edu 310.506.4655

Winter Intensives

December 14, 2020–January 11, 2021 •

Mediation Theory and Practice

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Cross-Cultural Conflict and Dispute Resolution

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Advanced Mediation

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Advanced Trial Practice

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Decision-Making Under Conflict

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Online Dispute Resolution

Spring Academic Program Starts January 19, 2021

Dispute Resolution Law Journal Symposium March 5, 2021

Mediating the Litigated Case, a Six-Day Program March 11–12, 18–19, 25–26, 2021 July 8–9, 15–16, 22–23, 2021

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