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Straus Institute for Dispute Resolution

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Malibu Campus

Weekend Format: Block 1

June 7-9 and 14-16, 2012

Thursday and Friday 6:00 pm - 9:30 p.m.
Saturdays 8:30 a.m. - 4:30 p.m.

Negotiation Theory and Practice

This course examines the theory and practice of negotiation as a process used to put deals together or to resolve disputes and legal claims. Students learn about competitive positional bargaining and collaborative problem solving and acquire insight into the strategic management of the tension between the two approaches. Through simulated exercises, students develop skills and confidence as negotiators, including an awareness of the psychological encouragements and barriers to consensus. Special challenges of multiparty negotiations are addressed with an emphasis on the attorney-client relationship, including applicable ethical standards, codes, and law.

John Lowry is the assistant dean of the Lipscomb University College of Business and founder of the School of Executive Education. In addition, he serves as assistant professor of Management for Lipscomb University’s College of Business, where he teaches negotiation and dispute resolution courses. Lowry also serves as vice president for the Strategic Resolutions Group, LLC (SRG). At SRG, he provides negotiation, mediation, and conflict management training for major insurance companies, healthcare organizations, and legal services providers. Prior to moving to Nashville, Lowry practiced law with Strasburger & Price, LLP in Dallas, Texas. As an attorney, he represented hospitals and healthcare providers in professional liability and commercial disputes. He has also served as a California State Assembly Fellow and worked in the Law Department of Tenet Healthcare Corporation.

International Commercial Arbitration

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 on 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 serves as an arbitrator in international and domestic commercial disputes. He is chair of the Disputes Division of the ABA Section of International Law and was the author of the report and recommendation to the ABA House of Delegates in support of the 2004 revision to the AAA/ABA Code of Ethics for Arbitrators in Commercial Disputes.

Selected Issues in Dispute Resolution: Employment Disputes

Prerequisite: LAW 1422 Mediation Theory and Practice

This course will address protocols for resolving disputes in the non-unionized           workplaces. The class will discuss unique concerns originating from the negotiation, mediation, and arbitration of employment claims like race, age, gender, and religious discrimination, sexual harassment, wage hour class actions, American with Disabilities Act violations, worker's compensation, whistleblowers, Family and Medical Act, occupational safety requirements, and wrongful termination, EEOC dispute resolution programs, internal dispute resolution system for employees and the growing trend of Ombuds offices.

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.

Mark Travis worked as a labor and employment law litigation attorney for over 20 years before becoming a full-time neutral. He has extensive experience in mediating complex employment disputes and designing dispute resolution systems in the workplace. Mr. Travis serves on the neutral panels of the Equal Employment Opportunity Commission, the American Arbitration Association, the Federal Mediation and Conciliation Service, and is listed on the Employment Panel of CPR’s Panel of Distinguished Neutrals. He has served as chair of the Dispute Resolution Section of the Tennessee Bar Association, and is an adjunct professor of labor and employment law at Tennessee Tech University. Mr. Travis received his juris doctor from the University of Louisville, and his Master of Laws in Dispute Resolution from the Straus Institute for Dispute Resolution.