Teaching Law School ADR Courses:Mediation, Negotiation, Arbitration, and the ADR Overview Course

Presented at Pepperdine Caruso School of Law

Malibu, California

June 21-22, 2011

Conference Organizers:
Jay Folberg, Dwight Golann, Peter Robinson, and Tom Stipanowich
Supported by a generous grant from the JAMS Foundation

We invite law faculty from around the world who are interested in comparing approaches and gathering new ideas for teaching, as well as discussing the relationship between ADR in the classroom and in law practice.

This two-day conference will combine plenary sessions focusing on teaching all types of ADR courses with breakout tracks for professors interested in mediation, negotiation, arbitration, and ADR overview (survey) courses.

All sessions will emphasize interactive discussion among panelists and seminar participants.

Tuesday, June 21, 2011

7:30 – 8:30 – Registration and Continental Breakfast 

8:30  Welcome and Plenary Opening:  Those Who Do Not Know History…

What does the past tell us about the future of teaching ADR in law schools? Cycles? Trends? What is different? What is the same?
Panelists:Jay Folberg, Eric Green, Randy Lowry, Len Riskin, and Nancy Rogers 
Facilitator: Peter Robinson

9:45 Break

10:00  First Track Session
(participants attend one of the following)

NEGOTIATION - Multiparty Negotiations:  Cynthia Alkon, Carie Menkel-Meadow, and Jen Reynolds

MEDIATION - Mediation Ethics:  Jon Hyman, Jim Stark and Ellen Waldman

ARBITRATION - Teaching Arbitration in an ADR Survey Course:  Ellen Deason, Nancy Kraybill, and Maureen Weston

11:45  Lunch

1:00 Second Track Session
(participants attend one of the following)

ADR SURVEY - ADR Pedagogy:   Richard Birke and Carrie Menkel-Meadow

MEDIATION -  Representation in Mediation: 
Hal Abramson and Dwight Golann

ARBITRATION - Teaching Arbitration Skills to Law Students:  Maxi Scherer, Stanley Sklar, and Tom Stipanowich

3:00   Plenary Panel Discussion:  Fitting ADR into Your Law School Curriculum

Content and acceptance? First-year curriculum? Required or electives courses? Number of courses and faculty resources? Certificate, masters, and LLM programs? Faculty resistance? Creating mediation and arbitration clinics?
Panelists: Jim Coben, John Lande, Lela Love, and Karen Tokarz
Facilitator: Art Hinshaw

4:30 Reception

WEDNESDAY, June 22, 2011

7:30 – 8:30 – Registration and Continental Breakfast

8:30 Third Track Session
(participants attend one of the following)

ADR SURVEY - ADR on the Bar Exam:   Richard Birke, Janet Martinez, and Jacqueline Nolan-Haley

NEGOTIATION - Lying in Negotiations:  Art Hinshaw, Russell Korobkin, and Andrea Schneider

ARBITRATION - Choice and Balance in Arbitration Courses:  Chris Drahozal and Michael Green

 9:45 Break

10:00  Plenary Panel Discussion: Balancing Academic Understanding with Skills Development

How much do we teach to the world as it is versus the world as we want it to become?

Panelists:  Hal Abramson, Dwight Golann, Melissa Nelken,
Jacqueline Nolan-Haley, and Josh Stulberg
Facilitator: John Barkai.

11:45 Lunch

1:00 Fourth Track Session
(participants attend one of the following)

ADR SURVEY - Hot Topics in ADR Pedagogy:  John Lande, Janet Martinez, and Richard Reuben

NEGOTIATION -  Negotiation and Emotions:  Richard Birke and Melissa Nelken

MEDIATION -  Pedagogy in Mediation Teaching:  Ron Aronovsky, Russell Brunson, Lynn Cohn, Doug Frenkel, and Lela Love

2:45 Break

3:00 CLOSING PLENARY SESSION

Open microphone facilitated by Jay Folberg: Take Aways?

4:00 Adjourn

REGISTRATION AND FEES

Please register and list your contact information and the breakout track that you are most likely to attend. The first 50 full-time law faculty members to register will attend this conference for free supported by a JAMS Foundation grant. Food and materials costs for adjunct law school faculty will be $100.   (Please note this program is for full-time or adjunct law school faculty only.)

PROGRAM LOCATION AND TIME

This program meets at Pepperdine Caruso School of Law, Malibu, California
Tuesday, June 21, 8:30 a.m. to 4:30 p.m.
Wednesday, June 22, 8:30 a.m. to 4:00 p.m.

MCLE

These activities have been approved for 12 hours of MCLE credit by the State Bar of California. Pepperdine University Caruso School of Law certifies that the activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing MCLE.

BEFORE THE CONFERENCE

JAMS has agreed to use its best efforts to arrange observations of mediations for any interested conference participant. These observations may occur in Southern California immediately preceeding the conference or at any other time before the conference closer to the participant’s home. More information on arranging observations will be provided following conference registration.

AFTER THE CONFERENCE – June 23-25, 2011

Full-time law faculty are invited to attend Pepperdine’s Professional Skills Program featuring 13 simultaneous ADR workshops for free as a faculty scholar.   Participants choose one course to attend all three days.  Spaces are limited for this program, please have a second choice for a course to attend.  For more information about this program go to law.pepperdine.edu/straus/training-and-conferences/professional-skills-program-summer. This optional additional program will begin at 8:30 a.m. on June 23 and conclude at 1 p.m. on June 25.

For further information please contact Lori Rushford at (310) 506-6342 or lori.rushford@pepperdine.edu.  Area hotel list will be sent with your confirmation email.  The Villa Graziadio Executive Center, located on the Pepperdine campus, has a special daily rate of $159 plus tax for participants in this program and the Professional Skills Program.  Phone (310) 506-1100 to make a reservation.