Block 6: Two-Weekend Format
July 20 - 22 and July 27 - 29, 2017
- 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.
Pre-requisite: LAW 1422 Mediation Theory and Practice
This course is an advanced study of the issues involved in the mediation and management of mass claims. Recognizing that mass claims have unique considerations the class will focus on the following topics: the life cycle of a mass claim; maturation of a mass claim; methods of resolution; and macro and micro considerations for the design of a settlement. The course will consider the implementation of a mass-claim settlement as a potential ongoing mediation process. Students will examine case studies and participate in simulated exercises and discussion on emerging issues in mass-claim resolution.
E. Wendy Trachte-Huber is the principal for Trachte-Huber Consulting. She provides training and consulting in negotiation, mediation, and conflict resolution to corporations and law firms. Prior to returning to her consulting practice she served as claims administrator for the Settlement Facility – Dow Corning Trust. ("SF-DCT") She was the chief executive officer for the facility of nearly 250 staff charged with the processing of all personal injury settlement claims against Dow Corning relating to medical implant products, including silicone gel breast implants. She was responsible for the direction and management of the claim-handling process—from outreach and intake to resolution. Prior to SF-DCT she was the national vice president for Education for the American Arbitration Association. She has written more than five books in the field.