CSDR-LL.M. E-newsletter Archives

Vol. 4, Issue 17 - January 30, 2004

What's Inside:

CSDR / LL.M. PROGRAM NEWS

CENTER FACULTY HONORED BY CPR INSTITUTE FOR DISPUTE RESOLUTION
Senior Fellow of the Center for the Study of Dispute Resolution and former MU Law Prof. Chris Guthrie (now at Vanderbilt Law School) received the CPR Professional Article Award for 2003. He received the award for his article, "Panacea or Pandora’s Box: The Cost of Options in Negotiation," 88 Iowa Law Review 601 (2003). This article challenges negotiation theory advocating that negotiators generate many options. Guthrie argues that this approach can lead to suboptimal results in certain cases.

Prof. Jennifer Robbennolt and Prof. Richard Reuben received Honorable Mentions for the CPR Professional Article Award for 2003. Prof. Robbennolt was honored for her article entitled, "Apologies and Legal Settlement: An Empirical Examination," at 102 Michigan Law Review 201 (2003). In the article, she describes the legal debate over the role of apologies in settlement decision-making and presents an empirical examination of the effects of apologies and evidentiary rules regarding apologies on settlement decision-making. Prof. Reuben received his award for his article entitled, "First Options, Consent to Arbitration, and The Demise of Separability: Restoring Access to Justice For Contracts With Arbitration Provisions," at 56 SMU Law Review 819 (2003). This article analyzes recent court decisions discussing the important issue of whether courts or arbitrators should decide whether an issue is arbitrable, i.e., whether it should go to arbitration or be decided in court. Congratulations to all!

MU faculties previously have received several awards from the CPR Institute for Dispute Resolution. Last year, 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 received the Award for Problem Solving in the Law School Curriculum for their text "Property and Lawyering: Cases and Materials," and Prof. John Lande received an honorable mention for his article, "Using Dispute System Design Methods to Promote Good-Faith Participation in Court-Connected Mediation Programs." Previously, Prof. Chris Guthrie 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 Mediators’ 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.

JOHN LANDE PUBLISHES ARTICLE ON COLLABORATIVE LAW
Prof. John Lande published an article entitled "Possibilities for Collaborative Law: Ethics and Practice of Lawyer Disqualification and Process Control in a New Model of Lawyering" at 64 Ohio State Law Journal 1315 (2003). In collaborative law, the lawyers and clients negotiate from the outset of the case by using a disqualification agreement disqualifying both lawyers from representing their clients if either party chooses to litigate. The article argues that although the disqualification agreement is undoubtedly helpful in many cases, it can invite abuse and may violate rules of professional conduct. The article concludes that much collaborative law theory and practice is valuable nonetheless.

ART HINSHAW WILL DIRECT ASU MEDIATION CLINIC
Art Hinshaw (’00) who currently is director of the Campus Mediation Service will be leaving in the fall to become the director of the Lodestar Mediation Clinic at Arizona State University and will coordinate ASU’s dispute resolution efforts.

MARIA ELENA JARA VASQUEZ RECEIVES BLACKWELL SANDERS ADR FELLOWSHIP
Maria Elena Jara Vasquez (’04) received the Blackwell Sanders ADR Fellowship to do an internship this summer with the top executives of the American Arbitration Association in New York City. The Blackwell Sanders law firm in Kansas City generously funded this fellowship, which will pay for expenses associated with the internship. Congratulations, Maria Elena!

LL.M. GRADUATE VAN POUNDS PUBLISHES ARTICLE ON TRUTHFULNESS IN NEGOTIATION
Van Pounds (’02) recently published an article regarding mindfulness and truthfulness in negotiation. The article entitled "Promoting Truthfulness in Negotiation: A Mindful Approach" can be found at 40 Willamette L. Rev. 181 (2004). The article argues that mindfulness may influence a more truthful course in lawyers’ practices because mindfulness promotes internal ethical growth.

JOB/FELLOWSHIP ANNOUNCEMENTS

DIRECTOR OF ORGANIZATIONAL TRAINING AND CONSULTING, THE NATIONAL MULTICULTURAL INSTITUTE, WASHINGTON, DC
The National MultiCultural Institute (NMCI) is conducting a search for a director of organizational training and consulting to manage an organizational training and consulting practice. For more information on this position, see the binder in 206 Hulston.