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Straus Institute for Dispute Resolution

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Malibu Campus

Two Week Format: Block 3

July 10-21, 2012

Tuesdays and Thursdays 6-9:30 p.m.
Saturdays 8:30 a.m. - 4:30 p.m.

Interviewing, Counseling and Planning

This course develops the craft of the lawyer in client interviewing and counseling. It examines the theoretical framework and strengths and weaknesses of prevailing models of attorney-client relationships with a focus on planning and decision-making. Authoritative, client-centered, and collaborative approaches are explored and compared. The class also examines principles of moral responsibility underlying this critical aspect of a lawyer’s role. Emphasis is on learning competent and ethical interviewing and counseling skills through simulated exercises, case studies and discussions.

Cynthia F. Greer is a mediator, trainer, and designer of conflict resolution systems. She has conducted over one thousand mediations dealing with employment, sexual harassment, landlord-tenant, corporate, personal injury, and educational disputes. She has developed ADR systems for federal, state, and county governmental agencies and various for-profit and nonprofit organizations and has provided mediation training programs and seminars nationally to individuals, corporations, and government agencies. For nine years, she was the director and senior mediator at the California Academy of Mediation Professionals in Encino, CA. In addition, she is a federal mediator and trainer for the United States Postal Service. For over 17 years, she was an associate dean at Pepperdine University School of Law, where she continues to teach Interviewing, Counseling, and Planning for Lawyers. She also teaches at Atlanta's John Marshall School of Law and at Lipscomb University in Nashville, TN. She maintains a mediation practice, Greer Dispute Resolution Services, in Nashville, Atlanta, Ft. Lauderdale and Los Angeles.

Communication and Conflict

Prerequisite: LAW 1302 Psychology of Conflict

Based on communication studies, this course examines the vehicle of communication in the context of conflict, both in the courtroom and as part of various alternative dispute resolution processes and other conflict-driven interactions. It builds on basic conflict theory covered in Psychology of Conflict while narrowing its focus to findings related to communication. Concepts explored include the following: basic principles and assumptions of a range of communication theories; influence, persuasion, rhetoric, dialogue, narrative paradigm, and linguistics; nonverbal communication, listening skills, neuro-linguistic programming (NLP); perception and perceptual distortion; power, threat, and facesaving; argumentation vs. aggression; group dynamics and differences in interpersonal, intra-group, inter-group, and organizational contexts; and the effect of third party interventions. The course includes at least one self-assessment instrument to enhance student awareness of individual differences in conflict communication styles.

Jim. L. Thomas is Professor of Communication and Executive Assistant to the President at Lipscomb University in Nashville, Tennessee. He received his BA degree from Lipscomb University, his MA from Auburn University, and his doctorate from The University of Tennessee, Knoxville. Dr. Thomas is a frequent speaker at seminars and programs regarding freshmen retention, student development, and organizational development. In his work with President Lowry, his responsibilities include problem-solving, developing new initiatives for the university, conflict management, and involving the university with the Nashville community. In recent years his attention has focused on conflict management, political consulting, and organizational management.

Cross-Cultural Conflict and Dispute Resolution

This course surveys the impact that cultural differences, stereotypes and attributions have on key dispute resolution processes, and on conflict generally. It is designed to build theoretical knowledge, to equip students with an analytical framework useful in determining suitable dispute resolution processes, and to instill practical skills and strategies to enhance effectiveness in cross-cultural contexts. Cultural differences in language, customs, values, legal systems and world-views are examined along various dimensions: orientation towards the individual or the collective community; importance of career success over quality of life; deference to authority; long vs. short term orientation; extent to which expectations for behavior are implicit or express; perceptions of time and personal space; and aversion to risk.

Ilhyung Lee is Edward W. Hinton Professor of Law and Senior Fellow, Center for the Study of Dispute Resolution, at the University of Missouri School of Law. He teaches cross-cultural dispute resolution, international commercial arbitration, and comparative law. Lee is also a neutral for the Arbitration Association of the Republic of China, the International Centre for Dispute Resolution, the Korean Commercial Arbitration Board, the University of Missouri Campus Mediation Service, and the World Intellectual Property Organization, among others.