CSDR-LL.M. E-newsletter Archives

Vol. 3, Issue 17 - January 17, 2003

What's Inside:


MU Prof. R. Wilson Freyermuth, former MU Prof. Jerome M. Organ (now at Univ. of St. Thomas Law School) and Univ. of Denver Prof. James L. Winokur will receive the 2002 Award for Problem Solving in the Law School Curriculum sponsored by the CPR Institute for Dispute Resolution. The award is for their text "Property and Lawyering: Cases and Materials," published by West, (and their property courses based upon that casebook) and honors "the effective teaching of problem solving in any law school course (including integration within core substantive courses such as contracts, torts, civil procedure, others), seminar or clinic." Prof. John Lande will receive an honorable mention for his article, "Using Dispute System Design Methods to Promote Good-Faith Participation in Court-Connected Mediation Programs," 50 UCLA Law Review 69 (2002). This recognizes an "original article published by academics and other professionals in 2002 that advances understanding in the field of ADR." Congratulations, Wilson, Jerry, and John!!

MU faculty previously have received several awards from the CPR Institute for Dispute Resolution. Last year, Prof. Chris Guthrie (now at Vanderbilt Law School) and his co-authors Jeffrey J. Rachlinski and Andrew J. Wistrich were honored for their article, "Inside the Judicial Mind," 86 Cornell Law Review 777 (2001). Prof. Leonard Riskin received two CPR awards. In 1996, he won an award for his article, "Understanding Mediatorsí Orientations, Strategies, and Techniques: A Grid for the Perplexed," 1 Harvard Negotiation Law Review 7 (1996) and in 1998 he received the award for "outstanding practical achievement" for his work in integrating dispute resolution into the curriculum at MU and for assisting in the development of similar programs at other law schools.

The Honorable John Hume, Member of the British and European Union Parliaments & 1998 Nobel Peace Prize Recipient will give several presentations at MU next week.

  • He will deliver the Earl Nelson Lecture, entitled "Citizenship and EU Law," on Tues. Jan. 21 at 1:30 p.m. in Classroom 7 of the Law School.
  • He will give opening remarks for the Martin Luther King, Jr. Celebration on Wed., Jan. 22, at 12:10 p.m. outside the north entrance of Jesse Hall.
  • He will give a public interview on "The Role of Media in Conflict Resolution" on Wed. Jan. 22 from 6 to 7 p.m., in the Fisher Auditorium at the School of Journalism.
  • He will deliver the Monroe-Paine Distinguished Lecture in Public Affairs entitled, "The Theory and Practice of Peace Making" on Thurs., Jan. 23, at 2-3:30 p.m. in Jesse Wrench Auditorium, Memorial Union. The Harry S. Truman School of Public Affairs is sponsoring this lecture. To attend, RSVP to 882-3304 or kellerw@missouri.edu.
JAN. 24 AND FEB. 11 Stephen M. Linsky, a member of the New Law Center, LLC, in Newton, Mass., who practices law, mediation, and arbitration, will talk about collaborative law on Fri. Jan. 24, at 10 a.m. in Room 204. For more information about him, see the New Law Center web site.

Prof. John Lande will give a brownbag presentation of his work-in-progress on collaborative law on Thurs. Feb. 11, at 1 p.m. in Room 332A. (Note that this was previously scheduled for Jan. 30 and the date has been changed.) In collaborative law, the lawyers and clients agree to negotiate from the outset of the case using a problem-solving approach in negotiation. A central element of this process is a mutual withdrawal agreement that disqualifies both lawyers from continuing to represent their clients if either party chooses to litigate.

In the past year, MU Law School faculty affiliated with the Center for the Study of Dispute Resolution have been busy. Here is a brief description of a few of their activities:

Profs. Robert G. Bailey and Timothy J. Heinsz conducted a workshop for state department heads concerning Executive Order 01-09, which authorizes certain state agencies and departments to allow collective bargaining. Bob Bailey was also appointed to serve as a member of the Public Relations Committee of the National Conference of Commissioners on Uniform State Laws.

Prof. Timothy J. Heinsz presented an overview of the Revised Uniform Arbitration Act to the Dispute Resolution Section of The Missouri Bar in November 2002. In the Fall 2002 semester, he served as a Faculty Fellow in the UM System Vice Presidentís office.

Prof. Robert H. Jerry II wrote op-ed columns, "The Need for Terrorism Insurance," in the San Diego Union-Tribune, and "Terrorism and Insurance: Congress Got It Right," appeared in the Kansas City Star. These columns were based on his forthcoming essay on terrorism and insurance that will appear in Tort Source, a publication of the American Bar Associationís Tort and Insurance Practice Section, and the Connecticut Insurance Law Journal.

Prof. John Lande gave a presentation in at the Collaborative Law and Collaborative Lawyering Conference sponsored by Osgoode Hall Law School in Toronto, Canada, entitled "Validity and Effect of Collaborative Lawyer Disqualification Agreements." At the Annual Emerging Issues in Mediation Conference sponsored by the University of Wisconsin Extension and Wisconsin Association of Mediators, he ran a simulation based on his article "Designing Court-Connected Mediation Programs to Promote Good Faith Participation."

Prof. Sylvia R. Lazos was featured in the November 2002 issue of Adelante!, the bilingual supplement to the Columbia Missourian. The article highlighted her contributions to the Latina/o community in Missouri and stated that she has "sown the seeds of an ongoing process for Missouri lawmakers faced with a rapidly growing Latino population." The article is available at http://adelantesi.com. With the help of a summer grant from the Law School Foundation, she published a trilogy focusing on the impacts of Latino immigration in Missouri and the Midwest. The articles were "Legal and Policy Changes as Latinas/os Make Their Homes Missouri," published by MU Extension; "The Latino-ization of the Midwest: Cambio de Colores (Change of Colors) as AgroMaquilas Expand into the Heartland," published in the Berkeley La Raza Law Journal, and "The "War on Terrorism" and Immigrants: Legal Challenges Post 9/11," published by the Missouri Law Review.

Prof. Richard C. Reuben published an article in California Lawyer entitled "Growing Pains: State Regulation of ADR Signals Industryís Coming of Age," concerning the push by states to regulate alternative dispute resolution ethics. Reuben also published two editions of Dispute Resolution Magazine, one with theme articles on uniform laws and dispute resolution and the other with theme articles on arbitration ethics. He also addressed the Missouri Barís ADR Section about the implications of the Uniform Mediation Act on mediation confidentiality in Missouri.

Prof. Leonard L. Riskin gave a plenary presentation at the Southern California Mediatorís Association conference, entitled "Revisiting and Revising the Grid of Mediator Orientations" and also presented a workshop on "Mindfulness in Dispute Resolution and Law." His article, "Understanding Mediator Orientations, Strategies and Techniques," 1 Harvard Negotiation Law Review 7 (1996), has been translated into Portuguese and published in Studies in Arbitration, Mediation and Negotiation (Brasilia Juridica 2001). He established a web page, "The Initiative on Mindfulness in Law and Dispute Resolution," which provides links to numerous resources, including a webcast of the Symposium on Mindfulness in Law and Dispute Resolution held at Harvard Law School.

Prof. Jennifer K. Robbennolt presented "Symbolism and Incommensurability in Civil Sanctioning" at a Brooklyn Law School symposium entitled Responsibility and Blame: Psychological and Legal Perspectives. The resulting paper, co-authored with John Darley and Rob MacCoun, is forthcoming in the Brooklyn Law Review. She also published a column in the American Psychological Associationís Monitor on Psychology entitled "Juries, Not Judges, to Determine Facts Necessary for Capital Sentencing," noting the psychological issues raised by the U.S. Supreme Courtís recent decision in Ring v. Arizona.

Prof. Rodney J. Uphoff was a lecturer and moderator at the Wisconsin State Public Defender Annual Conference. His presentation was entitled "Striking Hard Blows or Foul Ones: Ethical Lessons from High Profile Cases" and he moderated a panel entitled "A View from Both Sides: Prosecutor and Defense Views on Ethical Issues." He participated in the Missouri State Public Defender Winter Workshop, where he co-presented "Ethical Defense Investigation" and "Ethical Dilemmas in Negotiation."

LL.M. ALUMNUS STEPHEN J. STARK HAS OPENED A LAW AND MEDIATION PRACTICE Stephen J. Stark (í00) recently opened his law and mediation practice. Before that, he worked as a mediator with the Missouri Department of Labor, Division of Workers Compensation. His office is at the City Chamber of Commerce Building, Suite 200, 213 Adams Street in Jefferson City, (573) 893-8860.

LL.M. ALUMNA HUI-QUN "CINDY" ZHU TO PUBLISH ARTICLE Hui-Qun "Cindy" Zhuís (í02) essay that she wrote for an LL.M. course, "A Fairy Tale or A Creation: Is Online Mediation Realistic?," will be published in the Mediation Journal, a publication of the Wisconsin Association of Mediators. Congratulations Cindy!!


JUNE 30, GENEVA, SWITZERLAND The Forum on Online Dispute Resolution will be sponsored by the United Nations Economic Commission for Europe (UNECE) Team of Specialists on Internet Enterprise Development in cooperation with the Centre for Trade Facilitation and Electronic Business. The Forum will be held at the Palais des Nations in Geneva, Switzerland on June 30. For more information, see the web site, (though the dates may be incorrect), or contact: Daewon Choi, UNECE Coordinating Unit for Operational Activities, Tel: + 41(0)22 917 2474, Fax: + 41(0)22 917 0178, daewon.choi@unece.org.


LINCOLN, NE The Mediation Center in Lincoln, Nebraska is seeking an executive director to lead a private nonprofit mediation organization serving Lancaster County. For details, send an e-mail to mcallies@southeast.edu or see the binder in 206 Hulston. To apply, send a letter of introduction, addressing qualifications for the position to Search Committee, 1120 "K" St, Suite 200, Lincoln, NE 68508, or llmediation@alltel.net. The deadline for submitting letters of introduction is Jan. 31.

The San Diego Mediation Center is hiring a president. For more information, see the web site, or contact Chris Salvacion via e-mail or at (619) 238.2400 ext. 21. Applications will be accepted through Feb. 3.

The Association for Conflict Resolution is seeking a Chapter and Development Coordinator and a Family and Workplace Mediation Coordinator. For more information see the binder in 206 Hulston. To apply, send a resume and a cover letter detailing your experience via e-mail to ELM or fax it to (202) 265-1968. No phone calls.

BULGARIA The Central European and Eurasian Law Initiative, a public service project of the American Bar Association, seeks experienced attorneys for an alternative dispute resolution legal specialist in Bulgaria. To receive an application and information packet, send a request via e-mail, download the registration form, or call: 1-800-98CEELI or (202) 662-1754.