Summer/Fall 2015 CNDR Newsletter
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Transcript of Summer/Fall 2015 CNDR Newsletter
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SUMMER & FALL 2015
IN THIS ISSUE
2 FACULTY SPOTLIGHT
2 CNDR LEADS GLOBAL PANEL
2 HOSTING INTERNATIONAL VISITORS
3 CNDR WELCOMES NEW LECTURER
3 UPCOMING PROGRAMS AND EVENTS
6 EXCITING NEW SEASON FOR ADR TEAM
7 TRAINING INTO PRACTICE
7 THANK YOU FALL 2015 ADJUNCTS
8 ELEVEN COUNTRIES, FIVE DAYS, ONE MISSION
10 BRINGING COURT MEDIATION TO COUNTRIES AROUND THE WORLD
UPCOMING EVENTS
Mediation Around the World
OCT 9, 2015 I 12:00 - 1:00 PM
Building Personal Resilience
OCT 14 2015 I 3:00 - 4:30 PM
Meet the Masters
OCT 28, 2015 I 3:30 - 4:30 PM
International Arbitration in Asia
Conference
JAN 22, 2016
Northern California ADR Faculty
Conference
FEB 27, 2016
In this special edition of COMMUNIQUE, we share news of our
exciting summer and fall, in which we hosted judges and lawyers
from 11 different countries for the International Court ADR
Institute. In addition, we alert you to opportunities coming in the
near future.
Questions, comments and contributions are always
welcome; just email us at [email protected].
Enjoy,
Sheila Purcell
Clinical Professor & CNDR Director
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CLINICAL PROFESSOR CAROL IZUMI was a discussant on
the topic “ADR in Faculty Governance and Change: What
Works – If Anything – and What Doesn’t” at the Southeastern
Association of Law Schools Annual Conference in Boca Raton,
Florida on July 28, 2015. The discussion group included
many well-known dispute resolution academics from across
the country (photo right).
On May 7, 2015, Clinical Professor Carol Izumi delivered the
opening plenary presentation (with Claudia Viera, Esq.) on
“Implicit Bias and Mediator Neutrality” at the annual
conference of the International Academy of Mediators in San
Francisco. The 3-day conference drew dispute resolution
veterans from around the globe to the Bay Area.
FACULTY SPOTLIGHT
PROFESSOR CLARK FRESHMAN was a plenary speaker in
May to the Academy of Labor Arbitrators national meeting. He
spoke on “The Science of Credibility and Avoiding Cultural
Bias.” He was introduced by Chris Knowlton, the famed labor
arbitrator and former Director of CNDR.
Clark gave an all day class at the Oregon Law Institute on “Lies
in Negotiation.”
In April, Sheila moderated a panel
at the ABA Dispute Resolution
Conference in Seattle. The panel,
entitled “ADR Around Asia”, included Matrika Niraula,
Secretary General Nepal International ADR Center (photo
above), and Sukhsimranjit Singh, Lecturer in Law and
Interim Director of the Center for Dispute Resolution at
Willamette Law School.
Sheila was joined by Michelle Adeoye, CNDR’s Senior
Academic Program Coordinator, who visited with
attendees at the CNDR exhibit booth.
This June CNDR had a visit from
Sudharshana Sunder (photo above with Michelle), a
mediator from Chennai, India. Sudharshana attended a
court ADR training Sheila co-taught in Bangalore, India
this past February. She came to visit CNDR to discuss
her plans for expanding and enhancing court ADR in
Chennai.
The Center also had a late July visit from Professor
Shahla Ali of the University of Hong Kong regarding
conflict engagement.
CNDR LEADS
GLOBAL PANEL
HOSTING
INTERNATIONAL
VISITORS
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While no stranger to CNDR, leading past workshops
and classes, CNDR officially welcomes Debra Gerardi
as the Center’s newest Lecturer in Law.
Debra brings over 15 years of experience as a conflict
specialist, consultant and mediator specializing in
work with healthcare organizations
internationally. She has provided professional
services to over 100 leading healthcare organizations
and over 30 academic and community medical
centers. She looks for creative approaches for
removing barriers to collaboration and for ways to inspire busy professionals to connect their ‘whole selves’ to their
work and to their connections with others.
More on Debra can be found online at http://uchastings.edu/academics/faculty/facultybios/geradi/index.php.
BUILDING PERSONAL RESILIENCE USING THE CYCLE OF RENEWAL
WORKSHOP FACILITATOR: DEBRA GERARDI
The semester is back in full swing and it is easy to get lost in demands associated with meeting the needs of
students and others. This workshop is offered by the Center for Negotiation and Dispute Resolution for
MANAGERS AND STAFF who would like to explore strategies for remaining resilient in the midst of heavy
workloads and busy lives.
This interactive workshop will introduce you to the CYCLE OF RENEWAL developed by Hudson Institute and will
walk you through a model for making sense of change and identifying the life skills needed for navigating each
phase and chapter of your life. You will leave the workshop with a short plan for boosting your resilience before
heading into the busy end of semester crunch time and the
craziness of the holiday season.
OPEN TO ALL UC HASTINGS MANAGERS AND STAFF
(others interested should contact Michelle Adeoye at [email protected])
WEDNESDAY, OCTOBER 14
3:00 PM - 4:30 PM I ROOM M120
RSVP BY OCTOBER 9 - https://uchastings.webconnex.com/resilience
DEBRA GERARDI, JD, MPH, RN
CNDR WELCOMES NEW LECTURER,
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UPCOMING EVENTS
CNDR IS HOLDING ITS FIRST IN-HOUSE OFFERING FOR UC HASTINGS STAFF. THIS GIVES YOU A SENSE OF SOME OF DEB’S WORK.
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T h e C E N T E R F O R N E G O T I A T I O N A N D D I S P U T E R E S O L U T I O N p r e s e n t s :
M AY U WATA N A B E J A P A N
Ms. Watanabe is a doctoral candidate in business law at the Graduate School of International
Corporate Strategy at Hitotsubashi University, specializing in dispute system design. Upon her return
to Japan, she has a goal of establishing a private dispute resolution service provider in Japan.
N U R I A G O N Z A L E Z - M A R T I N M E X I C O
Ms. Gonzalez-Martin is a certified mediator in family, civil and commercial law as well as a professor
and senior researcher at the Law Research Institute of the National Autonomous University of
Mexico. As part of her ongoing comparative research in cross-border child abduction and protection
issues, Ms. Gonzalez-Martin intends to expand the use of ADR in international family law cases. Ms.
Gonzalez-Martin plans to promote conflict resolution by establishing further ADR processes within
academic, judicial and governmental sectors in Mexico.
J I A N G L I P I N G C H I N A
Ms. Jiang is a mediator at the Shanghai Commercial Mediation Center and former judicial assistant
at the Dongguan Municipal No. 2 People’s Court, a national pilot site for the implementation of court-
connected ADR programs in China. Upon her return, Ms. Jiang intends to promote the
establishment of private mediation in China as a complement to existing court-connected ADR
programs.
YA E L S H E M M E R I S R A E L
Ms. Shemmer is a labor and employment lawyer from Israel. As a practitioner in one of Israel's
leading labor firms, she was involved in large-scale labor disputes and collective negotiations, and
handled discrimination cases. Since she graduated from the ILR School at Cornell University, where
she also studied dispute resolution, she has been volunteering as a mediator for Santa Clara county
courts.
J o i n C N D R f o r a l o o k a t t h e u s e o f
M ed i a t i o n a c r o s s t h e g l o b e .
F R I D AY, O C T O B E R 9 I 1 2 : 0 0 P M - 1 : 0 0 P M
C L A S S R O O M 2 1 9 I 1 9 8 M C A L L I S T E R
LIGHT REFRESHMENTS WILL BE SERVED. EVENT IS FREE AND OPEN TO THE PUBLIC.
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MEET THE T he C EN T ER FO R N EG O T I AT I O N AN D D I S P U T E R ESO L U T I O N a nd t he
L I T I G AT I O N AN D D I SP U T E R E SO L U T I O N C O N C EN T R AT I O N a r e p l e as e d t o p r e s e n t :
WEDNESDAY, OCTOBER 28 3:30 - 4:30 PM CLASSROOM D
These high profile and complex cases were
resolved by “SPECIAL MASTERS” and yet most
attorneys are relatively unfamiliar with this
important ADR process.
Join the HONORABLE STEVEN DYLINA and three
preeminent BAY AREA SPECIAL MASTERS for a
discussion of why this process matters, how it
works and how to use it.
EVENT IS FREE AND OPEN TO THE PUBLIC.
LIGHT REFRESHMENTS WILL BE SERVED. LEARN- NETWORK- SNACK!
CATHY YANNI has been a
full-time neutral for more
than 15 years. Her
practice includes
mediation, arbitration, and
special master/discovery
referee and settlement
allocation work.
HONORABLE STEVEN
DYLINA is a judge for the
Superior Court of San
Mateo County in California
who, amongst other efforts
oversaw the 100+ PGE
San Bruno Fire cases and
their settlements.
WILLIAM L. NAGLE has
practiced for nearly forty
years; twenty years as an
insurance defense trial
lawyer and twenty years
as a full time Special
Master/Mediator with an
emphasis in construction
disputes.
MARTIN QUINN, a JAMS
panelist for 20 years, is
routinely appointed by
federal and state judges to
act as a special master or
referee for significant
motions, to supervise
discovery, and to
accomplish settlements.
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INTERNATIONAL ARBITRATION IN ASIA CONFERENCE
SAVE THE DATE: JANUARY 22, 2016
CNDR is joining up with the UC Hastings Far East Studies
Program and the Chartered Institute of Arbitrators (an
international organization with over 10,000 members that
provides training, certification, and international ADR
education) for a one day conference at UC Hastings devoted
to cutting edge topics concerning Asia-related international
arbitration and ADR.
Confirmed speakers include Teresa Cheng, a leading
arbitrator and advocate from Hong Kong and former
president of the Chartered Institute; and Datuk Sundra
Rajoo, the Director of the Kuala Lumpur Regional Centre for
Arbitration and the incoming 2016 President of the
Chartered Institute.
NORTHERN CALIFORNIA ADR FACULTY CONFERENCE
SAVE THE DATE: FEBRUARY 27, 2016
FOR ADR INSTRUCTORS
This year’s Northern California ADR Faculty Conference, co-
sponsored by UC Hastings and Stanford, will be hosted by
Santa Clara University. The conference will be held at Santa
Clara Law School on Feb. 27, 2016. This event explores
cutting edge teaching practices in Negotiation and ADR and
is aimed at those teaching these subjects in law schools,
undergrad and in business schools.
FOR FURTHER INFORMATION ON UPCOMING EVENTS, PLEASE
CONTACT MICHELLE ADEOYE AT [email protected]
It has been a very successful tryout season for the UC Hastings ADR Team, led by Lecturer and Team Coach Clint
Waasted. Thanks to all of you who participated and helped in supporting the team. This year we had over 100
people participate in our tryout process, which consisted of seven 2.5 hour workshops and negotiation simulations, a
four hour weekend Negotiation Training Seminar, and four 1 hour problem preparation workshops. The entire
process culminated in our In-School Competition on Saturday, September 19, where 48 students competed to
determine competition assignments and the final Team Roster.
The teams first competition was the National Sports Law Negotiation Competition at Thomas Jefferson School of Law
in San Diego on September 26-27 where we placed in the top ten. Upcoming we have an INADR International
Mediation Tournament in Boston on October 9-11 and the American Bar Association Negotiation Competition in San
Diego on November 13-14.
Thanks again to all of the practitioners who coached and gave feedback during tryouts!
WE COULDN'T HAVE DONE IT WITHOUT YOU!
2015 VOLUNTEER COACHES & JUDGES
EXCITING NEW SEASON FOR ADR TEAM
Robert McBride
Stephanie Peter
Dennis Weaver
Leon Jon Bonney
Jack Eskridge
Rachel Ehrlich
Jack Russo
Eric Beiswanger
Anthony David
Robert La Vine
Harrison Sheppard
Jonathan Kaplan
Roger Moss
Kenneth Sheppard
Alina Laguna
Komal Chokshi
Ila Deiss
Richard Flier
Nick Campbell
Michelene Insalaco
Serena Lee
Charles Regal
Amy Thomas
Robert Fries
Gail Mitchell
Robert Aune
Naomi Ramsden
Abigail Ramsden-
Frank
John Dittoe
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ONLINE DISPUTE RESOLUTION CONFERENCE JUNE 3-5, 2015
This years Online Dispute Resolution Conference was held at Pace University in NY and
Prof. Vikki Rogers was the primary host. Last summer UC Hastings and Stanford co-hosted
the event which included a “Hackathon for Justice” and both this and last years
conference drew cutting edge thinkers from around the world to look at the latest tools and
technologies for resolving disputes online and off. (Photo right: Sheila and Noam Ebner of
Creighton)
ADVANCED PRACTICE MEDIATION AND CONFLICT RESOLUTION MAY 9, 16, & 30 2015
Teresa Carey , a leading Bay Area mediator and pioneer in the field, along with guest
lecturers led a special three day workshop to help hone and refine practitioners' mediation
and conflict resolution skills. Participants had the opportunity to put what they learned into
practice by working through real world cases with personalized coaching, debrief and
discussion. (Photo right: Teresa Carey and workshop attendees)
MASTERING THE FUNDAMENTALS OF MEDIATION JUNE 10-12 & 15-16, 2015
In June, a diverse group of lawyers, mediators, law professors participated in a 40 hour
mediation certificate training led by Jessica Notini. The training was part of UC Hastings’
Summer Legal Institute and was open to both students and the public. The training
provided a unique blend of mediation theory, hands-on mediation skills training and an
exploration of the sensibilities and personal qualities required to be an effective mediator.
(Photo right: Jessica Notini)
MEDIATION SOCIETY SUMMIT MAY 15, 2015
The Mediation Society brought together practitioners and organizations for a first ever
Mediation Summit. Sheila gave a Keynote address on “Trends in ADR Education” at the
Summit and 4 of her students also presented their research findings on the "State of the
Mediation Community in the Bay Area". (Photo right: Sheila and student Megan Miller)
TRAINING INTO PRACTICE A DEBRIEF OF FEW OF THE PAST PROGRAMS CNDR HOSTED OR SUPPORTED FOR ADR PRACTITIONERS.
THANK YOU FALL 2015 ADJUNCTS!
FIRST ROW (LEFT TO RIGHT):
Margaret Corrigan, Negotiation & Settlement; John Dean,
Negotiation & Settlement; Arlene Kostant, Negotiation &
Settlement; John Ford, Negotiation & Settlement
SECOND ROW (LEFT TO RIGHT):
Jan Gruen, Negotiation & Settlement; Jessica Notini,
Negotiation & Settlement; Magistrate Judge Maria-Elena James,
Judicial Settlement Conference; Anton Ware, International
Commercial Arbitration
In addition, CNDR’s fall semester courses included the following taught by core faculty and lecturers:
Emotions Mindfulness, & Law Clark Freshman Mediation Clint Waasted
Facilitation for Attorneys Sheila Purcell Civil Justice Mediation Clinic Carol Izumi
Debra Gerardi Gail Silverstein
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ELEVEN COUNTRIES, FIVE DAYS, ONE MISSION
Photo highlights from the INTERNATIONAL COURT ADR INSTITUTE , courtesy of Jim Block Photography
The International Court ADR Institute was an one week program, August 10 - 14, 2015, involving non-U.S.
judges, attorneys and court administrators to who came to learn to design and implement court ADR programs
in their respective countries.
The program was taught by Claudia Bernard, Chief Circuit Mediator for the United States Court of Appeals for
the Ninth Circuit; Howard Herman, Director of ADR Programs for the United States District Court for the
Northern District of California; and Sheila Purcell, Director of the Center for Negotiation and Dispute Resolution
at UC Hastings, and former ADR Director for the Superior Court for the County of San Mateo, California.
This year the Institute accepted participants from eleven different countries representing countries in Latin
America, Sub-Saharan Africa, the Middle East/Northern Africa, Europe, and Asia. The diverse group of
participants came from courts at different stages of development bringing with them a variety of perspectives,
making the week an educational and enriching experience for the participants and faculty.
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UC Hastings Chancellor and Dean, Frank
Wu, shares welcoming words to the
attendees and guests.
Senior Circuit Judge Michael Daly Hawkins of
the United States Court of Appeals for the
Ninth Circuit shares a few words at the
opening reception.
Mediator Maciej Taniski, Judge
Mohammed Halim , Judge Do Thuy
Thanh, Mediator Liping Jiang, Lawyer
Aleksandre Tsuladze, and Judge Harrison
Mutabazi.
Many thanks to the Carolyn Purcell (middle)
and Steve Purcell and the Silicon Valley
Foundation for their generous contribution to
the Institute.
Chief Judge Phyllis Jean Hamilton
welcomes the group to the U.S. Northern
District Court.
Institute Faculty and staff, Gabrielle Parris,
Sheila Purcell, Howard Herman, Claudia
Bernard, and Michelle Adeoye.
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The Center for Negotiation and Dispute Resolution’s
(CNDR) one-of-a-kind Institute hosted judges, mediators
and court administrators from Austria, Bangladesh,
China, Egypt, Georgia, Lebanon, Mexico, Nigeria,
Poland, Rwanda, and Vietnam during a weeklong
intensive academic program that equips attendees with
the knowledge and tools to envision, design and
implement court mediation programs in their home
countries.
Sheila Purcell '86, Clinical Professor of Law and Director
of CNDR, helped found and teaches the Institute with co
-faculty and fellow UC Hastings’ alumni Claudia Bernard
’86, the Chief Circuit Mediator for the Ninth Circuit Court
of Appeals and Howard Herman ’83, Director, ADR
Program, United States District Court, Northern District
of California. He is also the new Chair of the American
Bar Association’s Dispute Resolution Section. The three
lawyers are well-known leaders and educators in the field
of alternative dispute resolution (ADR).
Mediation programs can give parties greater control of
their cases and can save courts and parties substantial
time and money by encouraging adversaries to talk
directly to one another with the assistance of a neutral
mediator. The concept of using ADR to resolve disputes
translates across cultures, unlike many other areas of
law, which are more constrained by countries’ own legal
procedures. “In some ways it’s audacious to think that
people from 11 different countries with vastly different
legal systems can learn from us and each other, but
there are common elements that every court needs to
grapple with when establishing mediation programs,”
remarked Purcell.
The participating countries are at different stages in their
court mediation programs. Some boast established
initiatives while others are first contemplating how to
design them. Faculty teach this hands-on and
interactive Institute by offering an overview of ADR
practice, assisting participants in assessing needs in
their systems, explaining the elements of program
design, addressing implementation issues faced by
mediation programs and advising participants on
ongoing program development.
BRINGING COURT MEDIATION
TO COUNTRIES AROUND THE WORLD ARTICLE COURTESY OF UC HASTINGS NEWSROOM
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In addition to the coursework, participants visit the faculty
members’ courts to see the physical facilities, meet
judges and ask questions of people who are involved in
mediation on a daily basis. The three faculty members
also provide technical assistance consultations to the
participants. “The consultations are the most unique
aspect of our program. We look at the attendees’ plans
and provide advice. In the six months following the
Institute, we remain available to provide additional
consultation via email and Skype,” said Purcell.
Although not every participant returns to mount a full
court mediation program, most of them apply the lessons
learned. And some former participants have had great
success getting programs off the ground. One participant
from Armenia received funding from the country’s
Ministry of Justice and created a five-year strategic plan
that that USAID is helping fund. Another participant from
South Africa started a small claims mediation clinic for
low-income people. A judge from Mozambique has
asked Purcell, Herman and Bernard to visit his country
to help implement new laws to promote mediation.
“Working with judges and lawyers from across the globe
has made me realize how much change can be driven
by individuals with vision and determination,” remarked
Herman.
Comparing the Institute to a small Model UN, Purcell
appreciates that its value derives not only from the course
work, but also from the learning opportunities the
participants receive from one other. Bernard concurred,
“By far the most rewarding aspect of the program is
spending an intense week with thoughtful, curious,
engaged judges and lawyers from all over the globe. The
relationships have been incredibly rewarding. I learn as
much from them as they do from me.”
Photo Credit: Jim Block Photography
(pg 10 ) Mediator Maciej Taniski (Poland), Mediator Jiang Liping (China),
Judge Harrison Mutabazi (Rwanda), Judge Mahmoud Mourad (Egypt)
(pg 11) Judge Mostafa Elsheif (Egypt) and Judge Do Thuy Thanh (Vietnam)