July 25-27 and August 1-3, 2013
Thursday and Friday 6:00 - 9:30 p.m.
Saturdays 8:30 a.m. - 4:30 p.m.
Today many business and employment disputes are resolved through out-of-court binding arbitration processes. This intensive, interactive course is designed to provide students with a practical grounding in counseling and advocacy skills required for state-of-the-art arbitration practice through problems and exercises simulating common arbitration scenarios in which students play the parts of lawyers, arbitrators, and parties. Students learn how to draft dispute resolution agreements for arbitration and how to advise clients on many different aspects of arbitration, including the suitability of arbitration as an alternative to negotiation, mediation or litigation. They also experience advocacy roles at all stages of arbitration, including the filing of an arbitration demand, the selection of arbitrators, planning for and conducting hearings, the publication of a final decision (award), and the enforcement or setting aside of an award. The course emphasizes modern commercial and employment arbitration in the u.S. but also includes references to international, consumer, securities and labor arbitration.
John P. McCrory recently retired as professor of law at Pepperdine University School of Law. Prior to joining the Pepperdine faculty, he was the founding director of the Dispute Resolution Project at Vermont Law School. He has been a visiting professor at: Melbourne, Sydney, Wollongong, and Murdoch Universities in Australia; Rhodes University, South Africa; the University of Strathclyde, Scotland; and the University of Leicester, England. Professor McCrory served as: Chair of the Alternative Dispute Resolution Section, Association of American Law Schools (AALS); Chair of the AALS Labor Law Section; the Society of Professionals in Dispute Resolution (now Association for Conflict Resolution) liaison to the ABA Standing Committee on Dispute Resolution (predecessor of the Section on Dispute Resolution); and Consultant to the Australian Administrative Appeals Tribunal in the development of a mediation program. In addition to teaching, he was: a partner in the Melli, Smith, Shiels & McCrory law firm (Madison, Wisconsin); General Counsel of the Wisconsin Education Association Council; and an attorney with the National Labor Relations Board.
Prerequisite: LAW 1392 Mediation Theory and Practice or LAW 1422 Alternative Dispute Resolution Processes
Lawyers create value for their clients by effectively representing them in negotiation. Transactional lawyers bring multivariable deals together when anticipation is high for the relationship. Litigators negotiate disputes in the shadow of potential trial outcomes in all but about 2% of cases. Sound decision making in these circumstances is the essence of effective lawyering. Since effective decision making does not correlate with education or intelligence, it must be learned and practiced. This course incorporates psychology and neuroscience, behavioral economics and game theory, and light statistical analysis through computer programs that aid decision-makers. Students will learn about well-known barriers to disinterested analysis, factors that correlate with poor quality decisions and adverse outcomes, the incidence and magnitude of settlement decisions errors, and methods they can employ to improve decisionmaking and problem-solving skills.
Don Philbin, is an AV-rated attorney-mediator, negotiation consultant and trainer, and arbitrator. He has resolved disputes and crafted deals for more than two decades as a business litigator, general counsel, and president of technology-related companies. Philbin is an adjunct law professor at Pepperdine's Straus Institute, has trained and published at Harvard's Program on Negotiation, is an elected Fellow of the International Academy of Mediators and the American Academy of Civil Trial Mediators, and is certified by the International Mediation Institute. Don is listed in Texas Super Lawyers, The Best Lawyers in America, and U.S. News' Best Law Firm survey.
Randall Kiser is the Principal Analyst at DecisionSet® in Palo Alto, California, and an international authority on legal decision making. Mr. Kiser is the author of two books on legal judgment and conflict resolution, Beyond Right and Wrong: The Power of Effective Decision Making For Attorneys and Clients (Springer, 2010) and How Leading Lawyers Think: Expert Insights Into Judgment and Advocacy (Springer, 2011). His extensive research has been featured in a broad range of publications from the New York Times to U.S. Supreme Court briefs. Mr. Kiser received his law degree in 1978 from the University of California at Berkeley and was awarded his undergraduate degree with Highest Honors in 1975 from the University of California at Davis.