Courses and Faculty
Winter Program Dispute Resolution Courses
Advanced Trial Practice
An advanced study of the trial skills used by counsel at trial, including the direct and cross examination of lay and expert witnesses, voir dire, opening statement, closing argument, the use of exhibits, and ethical considerations. The class will emphasize "learning by doing"—students will actively participate in classroom exercises and will be critiqued. The class will build on those skills learned in Trial Practice. All students will be required to complete a full trial. Prerequisite: Law 402 Trial Practice.
Harry Caldwell routinely represents condemned prisoners in the appeals of their death sentences before both the California Supreme Court and US Supreme Court. He has written extensively in the area of criminal procedure, trial advocacy, and the death penalty and is the co-author of Ladies and Gentlemen of the Jury (1998), And the Walls Came Tumbling Down (2004) and The Devil's Advocates (Fall 2006). This popular series of books celebrates significant jury trials and the lawyers who tried the cases. Ladies and Gentlemen of the Jury was selected by the Los Angeles Times as a best non-fiction selection. Caldwell also co-authored The Art and Science of Trial Advocacy, and Case Files for Basic Trial Advocacy, Criminal Pretrial Advocacy and Mock Trials, all for use at the law school level.
Professor Caldwell has received several teaching honors including the 2012 Howard A. White Award along with several Luckman teaching awards, and in 2000 received the Richard Jacobson Award as the premier trial advocacy teacher in the nation.
Selected Issues in Dispute Resolution: Decision-Making Under Conflict
This course incorporates psychology and neuroscience, behavioral economics and game theory, and light statistical analysis through computer programs that aid decision-makers and architects. Students will learn about well-known barriers to disinterested analysis, factors correlated with poor quality decisions and adverse outcomes, the incidence and magnitude of settlement decisions errors, and methods they can employ to improve decision-making and problem-solving skills for themselves and also for the parties and attorneys who appear before them in mediation. Decision making is a distinct skill that can be learned and honed. This course will help both mediators and lawyers meet the expectation that they have refined decision making and architecture skills.
Doug Noll speaks about and teaches people how to solve difficult, intractable, and highly emotional problems. He was a business and commercial trial lawyer for 22 years before turning to leadership development, problem-solving, and peacemaking. He is a Senior Consultant with Mobius Executive Leadership and maintains a high level mediation and arbitration practice.
In addition, Doug Noll is the author of Elusive Peace: How Modern Diplomatic Strategies Could Better Resolve World Conflicts (Prometheus Books, April 2011), winner of the Institute for Conflict Prevention and Resolution (CPR) International Peace and Justice Book Award for 2011, Sex, Politics & Religion at the Office: The New Competitive Advantage (Auberry Press 2006), with John Boogaert, and Peacemaking: Practicing at the Intersection of Law and Human Conflict (Cascadia 2002) and, numerous articles on peacemaking, restorative justice, conflict resolution and mediation, and is a mediator trainer, lecturer, and continuing education panelist. Doug Noll is an adjunct faculty member of the Pepperdine School of Law Straus Institute for Dispute Resolution and teaches The Psychology of Conflict Communication and Decision Making in Conflict.
Arbitration Practice and Advocacy
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.
Professor Paul E. Burns practices intellectual property and litigation with Procopio, Cory, Hargreaves & Savitch LLP in San Diego and Arizona and has an active arbitration and mediation practice. He serves as a neutral for the American Arbitration Association, the International Institute for Conflict Prevention & Resolution, and the International Trademark Association's Panel of Neutrals. From 2006‐2008, Professor Burns served as Chair of the American Intellectual Property Law Association's ADR Committee. He has been selected for inclusion in Best Lawyers in America and Super Lawyers each year since 2007. He received his B.S., magna cum laude, and J.D., magna cum laude, from Boston College.
Negotiation 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.
Professor Graffy earned her BA from Pepperdine University and her MA from Boston University. She then served as co-director of Pepperdine's Year-in-Europe program in Heidelberg, Germany. Professor Graffy completed the Diploma in Law in London. After attending the Inns of Court School of Law, she was called to the Bar of England and Wales as a Barrister of the Middle Temple and received her LLM in international law through King's College, University of London with merit.
Professor Graffy served in the second Bush Administration as Deputy Assistant Secretary of State for Public Diplomacy for Europe and Eurasia at the US State Department. Professor Graffy was the first high level US government official to actively advance "Public Diplomacy 2.0" using Twitter and other social media platforms to further US communications. Professor Graffy was elected as the new Chair of the Society of English and American Lawyers and is a Bencher of the Middle Temple. She is a member of The Royal Institute of International Affairs, The British Institute of International and Comparative Law, The Pilgrims, The British American Project and the Pacific Council. She is on the Advisory Board of the McCain Leadership Institute and the British American Project. Her teaching includes: Public International Law, International Environmental Law, and International Law and the Use of Force.
Psychology of Conflict Communication
This course explores psychological phenomena, the frameworks for analyzing conflict that results from these phenomena, as well as conflict resolution communication skills to address these phenomena. This course is designed to provide insights from areas of cognitive and social psychology, neuro-collaboration, and communication theory and apply those insights to dispute resolution, lawyering, and negotiations. Topics include paradigms for the sources of conflict; escalation and de-escalation theory; the physiology of conflict; managing personalities in conflict resolution, both "regular" and "high conflict" personalities; emotional intelligence competencies and conflict resolution; exposure to the cannon of personality instruments including MBTI and TKI; the myth of rationality and decision-making; cognitive biases; neuropsychology including empathy, mirror neurons, and memory; trust and altruism; persuasion, rhetoric, dialogue, narrative paradigm, and linguistics; power, threat, and face-saving; and anger and the limits of argumentation and rationality.
Professor Betty Snyder