June 20 - 22 and 27 - 29, 2013
Thursdays and Fridays, 6:00 -9:30 p.m.
Saturdays 8:30 a.m. - 4:30 p.m.
This course explores the various theories underlying and practices basic to mediation. The mediation process is organized into a series of stages, and basic mediation skills and techniques appropriate to each stage are identified and cultivated. Simulations and experiential exercises provide students with an opportunity to develop proficiency as mediators and to rigorously analyze appropriate roles and behavior as mediators and advocates taking into account the legal, ethical, and public policy issues surrounding the practice of mediation.
Len Wade is a partner in the Fort Worth, Texas law firm of Kelly, Hart and Hallman. Prior to joining the firm, he served as judge of the 141st District Court of Texas, presiding over a general civil trial docket. An honors graduate of Baylor Law School, he has an active mediation and arbitration practice and represents clients in federal and state court litigation. He is a member of the Association of Attorney Mediators and is on the commercial panel of neutrals of the American Arbitration Association.
Pre-requisite: LAW 1422 Mediation Theory and Practice
This advanced course builds upon and augments the basics of mediation theory and practice through an in-depth examination of selected aspects of the process. Students expand and refine their skills as mediators by addressing topics such as dealing with difficult parties, overcoming impasse, mediating with large numbers of participants, responding to media in a mediation, using a decision-tree analysis, and employing counterintuitive and "mindful" mediation strategies. Controversial ethical issues and public policy concerns, such as the limits of confidentiality and expectations of procedural fairness, are also explored through complex scenarios. The personal qualities of a mediator and central components integral to a professional mediation practice are examined, together with suggestions for marketing, managing and building a successful practice. LAW 380 Mediation Clinic suggested.
Jeffrey Krivis is the author of two books: Improvisational Negotiation: A Mediator's Stories of Conflict About Love, Money, Anger – and the Strategies that Resolved and How to Make Money as a Mediator (and Create Value For Everyone) (Wiley/Jossey-Bass 2006). Krivis is past president of both the International Academy of Mediators and the Southern California Mediation Association. The Los Angeles Daily Journal legal newspaper named him one of the Top 20 Neutrals in the state, and he continues to appear as a selected neutral for the Super Lawyer and Best Lawyers in America publications.
This course provides a comprehensive overview of international arbitration law and practice. Topics explored include the making and enforcement of arbitration agreements; the selection and appointment of the arbitral tribunal; preliminary proceedings, including procedural orders and interim relief; the arbitration hearing; and the making and enforcement of the arbitral award. Particular attention is paid to the enforcement of arbitration agreements and awards, the role of the New York Convention of the Recognition and Enforcement of Foreign Arbitral Awards and other treaties, and their interplay with national laws as a backdrop for private arbitration agreements.
Ben H. Sheppard , Jr., is a Distinguished Lecturer and director of the A. A. White Dispute Resolution Center at the University of Houston Law Center. He was, until his retirement, a partner in the Houston office of Vinson & Elkins L.L.P., where he practiced from 1969-2005, and was cochair of the firm's International Dispute Resolution Practice. He has served as an arbitrator in a wide variety of international and domestic commercial disputes. He was the author of the report and recommendation to the House of Delegates of the American Bar Association in support of the 2004 revision to the AAA/ABA Code of Ethics for Arbitrators in Commercial Disputes and chaired one of the two working groups that promulgated the 2009 CPR Protocol on Disclosure of Documents and Presentation of Witnesses in Commercial Arbitration.