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Straus Institute for Dispute Resolution

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Malibu Campus

Two Weekend Format: Block 3

June 19 - 21 and 26 - 28, 2014

Thursdays and Fridays, 6:00 -9:30 p.m.
Saturdays 8:30 a.m. - 4:30 p.m.

Mediation Theory and Practice

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.

John Barkai received a BBA, MBA, and JD from the University of Michigan. He was a criminal trial lawyer in Detroit and taught at Wayne State University Law School for five years where he was first tenured. He joined the University of Hawaii law faculty in 1978, where he is a Professor of Law and Director of the Clinical Programs. Professor Barkai also served previously as Associate Dean at the law school. He teaches Alternative Dispute Resolution (ADR), Evidence, and Prosecution Clinic. He also teaches conflict resolution and international negotiations for the University of Hawai'i College of Business Administration. Professor Barkai was chosen by the students and faculty as the Outstanding Professor of the year. He is active in the legal community as President of the Board of Directors of the Neighborhood Justice (Mediation) Center, Chair of the ADR Section of the Hawai'i State Bar, and President of the Legal Aid Society of Hawai'i. In addition, Professor Barkai has served as a consultant to the Hawai'i Judiciary, the Supreme Court of the Federated States of Micronesia, the State Court of Kosrae, and the Minister of Justice for Papua New Guinea. In 1992-93 he was a Visiting Senior Scholar at the City University of Hong Kong and has taught ADR courses and workshops in Australia, Finland, Hong Kong, Hungary, Japan, Korea, and Micronesia.

 Selected Issues in Dispute Resolution: Systems Design 

Pre-requisite: LAW 1422 Mediation Theory and Practice or Alternative Dispute Resolution
This course explores the growing trend toward the design and development of dispute resolution systems within organizations: in the workplace, at the enterprise level, in business-to-business and e-commerce marketplaces, and in other organizational settings. Starting with historical and legal contexts, systems design in the new economy with focus on potential advantages and disadvantages of this approach to what arguable is the privatization of justice. Students will also be provided with a practical framework to apply dispute systems to design concepts in specific situations.

Jeffrey D. Paquin is a divisional vice president and chief operations counsel for Abbott Laboratories in Chicago, Illinois. He also serves as the co-executive director of the Chief Litigation Counsel Association, and as an arbitrator and mediator for the American Arbitration Association, CPR Institute, and other arbitral institutions. Previously, Paquin was a partner in Paquin Victor LLP, a specialty law firm focused on litigation and conflict management; the national practice leader of Ernst & Young LLP's Legal Management Services Group, which focused on services involving ADR and other forms of conflict management; chief litigation counsel for United Parcel Service, where he was responsible for the worldwide management of the company's litigation and ADR programs; and a commercial litigator at Powell Goldstein LLP (now Bryan Cave LLP), where he was chair of the firm's ADR section.