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Straus Institute for Dispute Resolution

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Malibu Campus

Two Week Format: Block 2

June 19-30, 2012

Tuesdays and Thursdays 6-9:30 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.

Dwight Golann is Professor of Law at Suffolk University in Boston and is an active teacher and writer in the fields of negotiation, mediation and dispute resolution. He has published widely, including legal textbooks, books and videos on mediation and mediation advocacy, and academic articles. Professor Golann has taught seminars for lawyers and judges in North America, Europe, and Asia for the American Bar Association, the U.S. Department of Justice, federal courts, the European Union and China's leading dispute resolution forum, has been a visiting professor at several law schools and has been a Visiting Scholar at the Harvard Program on Negotiation. He is the former Chair of the ADR Section of the American Association of Law Schools, former Chair of the Consumer Advisory Council to the Governors of the Federal Reserve, and an Honorary Member of the American College of Civil Trial Mediators. Professor Golann can be reached at dgolann@suffolk.edu.

Psychology of Conflict

Based on findings from the social sciences, this course examines how individuals think about and relate to one another in the context of conflict. Students acquire a theoretical framework for understanding and assisting parties in conflict. Concepts explored for their usefulness in conflict resolution include the following: personality development and differences; neurotic styles, difficult people and psychological disorders; predictable cognitive biases; sources of psychological resistance to dealing with conflict such as fear of abandonment, shame, guilt and unresolved grief; stages of conflict including escalation, stalemate, de-escalation, and resolution; social origins of conflict, including differences in values, beliefs and mores; socialization of aggressive and cooperative behaviors; emotional intelligence, self-awareness and empathy; trust and altruism; anger and the limits of argumentation and rationality; prejudice and the need for enemies. The course includes at least one self-assessment instrument to enhance student awareness of individual differences in psychological styles.

Richard C. Reuben is the James Lewis Parks Professor of Law at the University of Missouri School of Law and co-director of the Missouri Center for the Study of Conflict, Law & the Media. Reuben is coauthor of Dispute Resolution and Lawyers (2009), a leading ADR casebook, a reporter for the Uniform Mediation act, a project of the American Bar Association and the National Conference of Commissioners on Uniform State Laws, and is one of the leading authorities on confidentiality in ADR processes. He is also the founding chair of the ABA Section of Dispute Resolution’s Committee on Public Policy, Consensus Building, and Democracy, and a is a member of the Editorial Board of the Section’s Dispute Resolution Magazine.

Restorative Justice

This course explores the restorative justice movement, a systematic approach to criminal justice that emphasizes repairing harm caused or revealed by criminal behavior. Restorative justice incorporates aspects of alternative dispute resolution and civil law into criminal matters in furtherance of its overarching goals of healing and reconciliation. The course considers where the movement originated, how it has developed in the past twenty years, the opportunities and challenges it confronts, and specific ways in which it can be woven into and implemented as part of the criminal process.

Daniel Van Ness is executive director of the Centre for Justice and Reconciliation at Prison Fellowship International (PFI).  PFI is an international association with member organizations in 120 countries and the Centre assists those affiliates in initiating restorative justice reforms.  As a result, Van Ness is actively involved in developing and promoting restorative justice theory, policies, and programs nationally and internationally.  He was a major architect of the U.N. Declaration of Basic Principles on the Use of Restorative Justice Programmes in Criminal Justice Matters, which the U.N. endorsed in 2002.  He designed a program to prepare prisoners and communities in Rwanda for the gacaca hearings there.  He is the author of numerous articles, papers, and books on restorative justice.