Block 5: Two-Weekend Format
July 12 - 13 and 19 - 21, 2018
- Thursdays: 6:00 pm - 9:30 pm
- Fridays: 6:00 pm - 9:30 pm
- Saturdays: 8:30 am - 4:30 pm
Program Courses and Faculty
Today many business and employment disputes are resolved through out-of-court binding arbitration processes. This intensive, interactive course is designed to provide students with a practical grounding in counseling and advocacy skills required for state-of-the-art arbitration practice through problems and exercises simulating common arbitration scenarios in which students play the parts of lawyers, arbitrators and parties. Students learn how to draft dispute resolution agreements for arbitration and how to advise clients on many different aspects of arbitration, including the suitability of arbitration as an alternative to negotiation, mediation or litigation. They also experience advocacy roles at all stages of arbitration, including the filing of an arbitration demand, the selection of arbitrators, planning for and conducting hearings, the publication of a final decision (award), and the enforcement or setting aside of an award. The course emphasizes modern commercial and employment arbitration in the U.S. but also includes references to international, consumer, securities and labor arbitration.
Thomas Stipanowich is the William H. Webster Chair in Dispute Resolution and professor of law at Pepperdine School of Law. He has also been the academic director of the Straus Institute for eight of its ten years at the top of the U.S. News & World Report rankings. Stipanowich brings a long and distinguished career as a scholar, teacher, and leader in the field along with wide-ranging experience as a commercial and construction mediator, arbitrator, federal court special master, and facilitator. From 2001 until mid-2006, he served as CEO of the New York-based International Institute for Conflict Prevention & Resolution (CPR Institute), a think tank focused on promoting more effective forms of business conflict management. He was also the founder and first director of a court-connected mediation program that has been in existence for more than two decades. He has authored two of the leading books on commercial arbitration and many articles on ADR; his works have been cited by the U.S. Supreme Court and many other federal and state courts. He is co-author of a groundbreaking book and materials entitled Resolving Disputes: Theory, Practice, and Law, soon to be in its third edition. He recently conducted groundbreaking surveys of practices and perspectives among leading U.S. mediators and arbitrators. Among other honors, he is the recipient of the D'Alemberte-Raven Award, the ABA Dispute Resolution Section's highest honor, for contributions to the field.
Prerequisites: Law 1422 Mediation Theory and Practice, Law 1492 Negotiation Theory and Practice, and suggested Law 380 Mediation Clinic
This advanced course builds upon and augments the basics of mediation theory and practice through an in-depth examination of selected aspects of the process. Students expand and refine their skills as mediators by addressing topics such as dealing with difficult parties, overcoming impasse, mediating with large numbers of participants, responding to media in a mediation, using a decision-tree analysis, and employing counterintuitive and "mindful" mediation strategies. Controversial ethical issues and public policy concerns, such as the limits of confidentiality and expectations of procedural fairness, are also explored through complex scenarios. The personal qualities of a mediator and central components integral to a professional mediation practice are examined, together with suggestions for marketing, managing and building a successful practice.
Michael Dwyer has been named 2017 Lawyer of the Year for Family Law Mediation in Portland by Best Lawyers of America. He received the same honor in 2015. Michael has been consistently recognized for his work in mediation and conflict resolution. He has been listed in Best Lawyers of America for Family Law Mediation since 2009 and in Oregon SuperLawyers for Alternative Dispute Resolution since 2007.
Michael also has a long, distinguished career as a trial lawyer. He has litigated or reached successful settlement in hundreds of litigated cases. He has long been an AV-Preminent rated attorney by Martindale-Hubbell, the highest lawyer rating given to a lawyer by his peers for skill and ethics.
He frequently speaks, trains and educates other lawyers, law students, mediators, and the public in the areas of conflict resolution and collaborative problem-solving, mediation and negotiation, and communication skills. Michael served as the 2008-09 President of the Multnomah Bar Association after serving on the Board of Directors and Chairing three different bar committees. He is currently serving on the Board of Directors of the Oregon Chapter of the American Family and Conciliation Courts.