CSDR-LL.M. E-newsletter Archives

Vol. 2, Issue 24 - February 22, 2002

What's Inside:

CSDR / LL.M. PROGRAM NEWS

CSDR-LL.M. BROWNBAG LUNCH CONVERSATIONS
The Center for the Study of Dispute Resolution and the LL.M. Program will sponsor three more brownbag lunch sessions this semester. These will be conversations with dispute resolution scholars, practitioners, administrators, and planners. The brownbags will be on Mondays from 1:30 to 2:30 p.m. in Room 3. (These sessions will be at an unusual time to accommodate LL.M. students, many of whom have a break between classes from 1 to 3.) Cookies will be provided. All are welcome.

Feb. 25: Julie Macfarlane, Faculty of Law, University of Windsor (Canada) and Co-Director, LL.M. in Alternative Dispute Resolution, Osgoode Hall Law School (Canada)

Julie Macfarlane devotes half her time to her academic work and half to her consulting practice which offers conflict resolution service, training, facilitation and systems design for a range of public and private sector clients. Her most recent books are Rethinking Disputes: The Mediation Alternative (1997), an edited collection of 15 essays on mediation practice, and Dispute Resolution: Readings and Case Studies (1999). She recently published "Why Do People Settle?," 46 McGill L.J. 663 (2000) (see http://journal.law.mcgill.ca/abs/463macfa.htm) and completed a report entitled "Culture Change? Commercial Litigators and the Ontario Mandatory Mediation Program" for the Law Commission of Canada. She is beginning a multi-year project for the Social Science and Humanities Research Council of Canada on the development of collaborative lawyering networks in Canada and the United States. She earned an LL.M. from the London School of Economics and a Ph.D. from the University of the South Bank. For more information about her, see http://zeus.uwindsor.ca/mediation/Biographies.htm. For information about the Osgoode Hall LL.M. Program, see the web site.

March 11: Rebecca T. Magruder, private mediator and attorney

March 18: Kathleen Bird, Director, Office of Dispute Resolution Services, Seventh Judicial Circuit of Missouri

HARVARD CONFERENCE ON PROFESSOR RISKIN’S MINDFULNESS ARTICLE
On March 8, 2002, the Harvard Negotiation Law Review (HNLR) will be hosting a conference on the role of mindfulness in the law and alternative dispute resolution. This conference is based largely on an article by Leonard Riskin, entitled "The Contemplative Lawyer: On the Potential Contributions of Mindfulness Meditation to Lawyers, Law Students, and Clients" that will be published in the upcoming Spring 2002 Volume 7 of HNLR. He will lead the workshop portion of the conference. The event is free and open to the public. This event is co-sponsored by the Harvard Program on Negotiation, the Harvard Negotiation Project and the Office of Student Life Counseling at Harvard Law School. For additional information, contact Hansel Pham at hpham@law.harvard.edu or (617) 501-9029.

CONFERENCES / RESOURCES / CONTESTS

TELECONFERENCE ON IMPACT OF EEOC V. WAFFLE HOUSE ON ARBITRATION AGREEMENTS IN EMPLOYMENT CONTRACTS, FEB. 26
On Tues., Feb. 26, 2002, from 12:30 p.m. to 2:00 p.m. eastern time, a panel of plaintiff and defense counsel will discuss the impact of the recent U.S. Supreme Court case EEOC v. Waffle House. The panel will address the litigation threat for employers and the usefulness of mandatory arbitration policies after the Waffle House decision. To register, visit the web site or call (800)285-2221.

UNIVERSITY OF MIAMI LAW REVIEW SYMPOSIUM: "THE FUTURE OF ARBITRATION LAW"
CORAL GABLES, FL, MARCH 2 The University of Miami Law Review is sponsoring a symposium on arbitration law on Saturday, March 2. Speakers include: Lisa Bingham, Thomas Carbonneau, Carrie Menkel-Meadow, Jean Sternlight, and Stephen Ware. For more information and to register, see the web site.

NEGOTIATION AND INTERNATIONAL BUSINESS NEGOTIATIONS WORKSHOPS
SAN FRANCISCO, CA, APRIL 15-17 The Center for American and International Law is presenting two programs "Negotiation Workshop: Strategies, Tactics and Skills for Better Deals" on April 15-16 and "International Business Negotiations" on April 17. For details, see the web site or the binder in 206 Hulston.

SPRING MINI CONFERENCE: "HIGH CONFLICT FAMILIES AND THE COURTS"
ST. LOUIS, APRIL 26 The Missouri Organizing Committee for AFCC and M.A.R.C.H. (Mediation Achieving Results for Children) are co-sponsoring a mini-conference featuring Christie Coates, an experienced attorney-mediator form Boulder, CO. The conference will include a workshop on working with high-conflict parents in the context of divorce or other custody dispute situations. The workshop will take place at Pinnacle Arbitration and Mediation Services in St. Louis on April 26 from 8:30 a.m.-4:30 p.m. For more details see the binder in 206 Hulston.

ASSOCIATION FOR CONFLICT RESOLUTION ENVIRONMENTAL / PUBLIC POLICY SECTION CONFERENCE
TUCSON, AZ, MAY 16-18 The ACR Environmental / Public Policy Section conference will be held at the Ventana Canyon Resort in Tucson. The conference brochures will be available online and in hard copy in early March. If you would like a hard copy, please contact the ACR Conferences and Programs department or send your complete mailing address to conferences@acresolution.org.

TULANE UNIVERSITY AND HUMBOLDT UNIVERSITY SUMMER PROGRAM
BERLIN, GERMANY, AUG. 5-17 Tulane University and Humboldt University (in Germany) are co-sponsoring a summer program focusing on dispute resolution in a cross-cultural setting. Half of the students will be German law students and attorneys, and the other half will be American (and some European) law students and attorneys. The program offers three courses: Intercultural Negotiation/Mediation, International Arbitration, and Transnational Civil Litigation. For more information contact Joachim Zekoll, jzekoll@law.tulane.edu, or see the binder in Room 206.

ABA HOUSE OF DELEGATES ADOPTS ETHICS RULES RELATING TO DR
The American Bar Association's House of Delegates adopted changes to the Model Rules of Professional Conduct that recognize the role of lawyers serving as neutrals, clarify conflicts of interest for lawyers who have served as arbitrators and mediators, and address lawyers’ duties to advise clients about DR options. Rule 2.4 explicitly recognizes that lawyers can serve as third-party neutrals. Rule 1.12 prohibits a lawyer from representing a client who the lawyer served as a neutral without written consent from all parties to the proceeding. Comment 5 to Rule 2.1 states that "when a matter is likely to involve litigation, it may be necessary under Rule 1.4 to inform the client of forms of dispute resolution that might constitute reasonable alternatives to litigation." The House of Delegates acted based on a report by the ABA Ethics 2000 Commission. For more information, see the web site.

SECTION COUNCIL OF ABA DR SECTION ADOPTS POLICY ON MEDIATION AND UNAUTHORIZED PRACTICE OF LAW
On February 2, the Section Council of the American Bar Association's Section of Dispute Resolution adopted a policy statement on mediation and the unauthorized practice of law. The statement particularly addresses discussion of legal issues and drafting of agreements in mediation. This statement has not been adopted by the ABA House of Delegates. To read the statement, see the following web site.