CSDR-LL.M. E-newsletter Archives

Vol. 5, Issue 22 - April 29, 2005

What's Inside:

CSDR / LL.M. PROGRAM NEWS

MISSOURI WAS PROMINENT AT ABA DISPUTE RESOLUTION CONFERENCE
Many MU students, alumni, and faculty attended the ABA’s seventh annual conference, which took place in Los Angeles, April 14-16. Prof. John Lande presented in two panels: "The Vanishing Trial – Or Is It?" and "Defining Coercion in Mediation: Can We Do Better Than ‘I Know it When I See It’?" He also served as co-chair of the conference program committee. Prof. Richard Reuben was featured in the plenary, "The Regulation of ADR" as well as a session entitled, "The Politics of Confidentiality." Prof. Leonard Riskin conducted a session, "Mindfulness in Mediation and Law: Dealing with Stress and Enhancing Satisfaction, Understanding, and Performance," and also led a meditation session. MU students, alumni, and faculty attending the conference included Prof. Jim Levin, Andrea Braeutigam (’05), Jonathan Davidson (’05), Flavia Fragale (’05), Joe Giampapa (’06), Art Hinshaw (’00), Anna Lingo (’06), Pamela Mafabi (’03), Jose Ramirez (’05), and Paula Young (’03). Faculty "alumni" at the conference included Chris Guthrie, Bobbi McAdoo (who both participated in a session at the Legal Educators’ Colloquium session "What Can Empirical Research Teach Us About ADR and What Can We Do With These Insights in Our Classrooms"), Jean Sternlight (who participated in a panel "An Empirical Look at Consumer Arbitration" and a session at the Legal Educators’ Colloquium, "What International and Comparative Dispute Resolution Can Teach Us About ADR and What Can We Do With These Insights in our Classrooms?"), and Josh Stulberg (the reporter for the revised Model Standards of Conduct for Mediators, was on a panel about the new standards).

STATE OF NEW JERSEY CONSULTS PROF. RICHARD REUBEN ABOUT MEDIATOR CONFIDENTIALITY
Prof. Richard Reuben has been consulting the state of New Jersey and various mediation groups on a significant issue at the New Jersey Supreme Court. This issue is whether a mediator can be compelled to testify about a mediation’s communication in a subsequent criminal felony prosecution in which the defendant's claim is self-defense and the mediation communication is being offered as impeachment evidence. The State of New Jersey filed a supplemental brief where Prof. Reuben was cited from an article he wrote on legislative history of the Uniform Mediation Act for the Journal of Dispute Resolution. To get a copy of the brief, e-mail colemanl@missouri.edu.

UNIFORM MEDIATION ACT ENACTED IN IOWA AND WASHINGTON
The Uniform Mediation Act was recently adopted by Iowa and Washington state, joining Nebraska, Illinois, Ohio, and New Jersey as UMA states. Prof. Richard Reuben served as a Reporter on the project, on which the Center for the Study of Dispute Resolution played an active advisory role. For more information about the UMA, see http://www.nccusl.org/Update/DesktopDefault.aspx?tabindex=2&tabid=60.

PROF. RICHARD REUBEN PUBLISHES ARTICLE ON DESIGNING DISPUTE RESOLUTION SYSTEMS IN THE "NEW WORKPLACE"
Prof. Richard Reuben published an article, "Democracy and Dispute Resolution: Systems Design for the New Workplace" at 10 Harvard Negotiation Law Review 11 (April 2005). In this article, he suggests the "new workplace" – characterized in part by mobility and job flexibility rather than more static long-term employment – is predicated on democratic values, such as personal autonomy, participation, rationality, equality, and the social capital of reciprocity norms. Therefore, he argues, more progressive employers should design workplace dispute resolution systems that foster these democratic values. This article demonstrates how this approach is consistent with the empirical research on management and organizational behavior.

PAULA YOUNG FEATURED IN MEDIATE.COM
Paula Young (’03) published two articles featured in Mediate.com’s Conflict Resolution Newsletter #137. They are, The Who Of Mediation-Part I: A New Look at Mediator "Styles" and The Who of Mediation - Part II: Wisely Choosing a Mediator. Paula is an assistant professor at the Appalachian School of Law in Virginia.

LYNN MALLEY ACCEPTS POSITION AT SOUTHERN ILLINOIS UNIVERSITY SCHOOL OF LAW
Lynn Malley (’03) has accepted the position of visiting professor and director of the Alternative Dispute Resolution Clinic at Southern Illinois University School of Law for the 2005-2006 academic year. Lynn is currently a Fulbright Scholar in Belgrade and has been teaching ADR courses in Serbia and Montenegro for two years.

DR. VANCHAI VATANASAPT TO SPEAK ON CONFLICT RESOLUTION AND CIVIC PARTICIPATION IN THAILAND
MAY 9, MU COLLEGE OF BUSINESS, COLUMBIA, MO The Center for the Study of Dispute Resolution, Division of Applied Sciences, and the Asian Affairs Center are hosting a visit by Dr. Vanchai Vatanasapt, Director, Center for Peace and Governance King Prajadhipok’s Institute, Thailand. Dr. Vatanasapt will speak at 11:00 am on Mon., May 9 in Room 131, Cornell Hall. His topic will be "Conflict Resolution and Civic Participation in Thailand."

CSDR SPONSORS CLE TRAINING ON COLLABORATIVE AND COOPERATIVE LAW
JUNE 17-18, MU LAW SCHOOL, COLUMBIA, MO The Center for the Study of Dispute Resolution will conduct a training on collaborative and cooperative law on Friday and Saturday, June 17-18, at the MU Law School. The training will be conducted by Rebecca Magruder, a prominent leader in dispute resolution in Missouri and nationally. The program costs $250, with a reduced rate of $200 for full-time students. For more information and a registration form, see http://www.law.missouri.edu/cle/04-05/Collaborative%20Family%20Law.htm.

CONFERENCES / RESOURCES / CONTESTS

BOONE COUNTY BAR ASSOCIATION SPONSORING MEDIATION TRAINING
MAY 9, COLUMBIA, MO The Boone County Bar Association Mediation Committee and the Thirteenth Judicial Circuit are co-sponsoring an all-day "Mediation Training" program on Mon., May 9, at the Lenoir Community Center. Prof. John Lande will be a presenter at the training. Registration deadline: Friday, April 29, 5 p.m. The program brochure and registration form are available at http://www.bocomobar.org/2005%20Mediator%20Training%20Flyer.pdf.

TELECONFERENCE ON USING TECHNOLOGY IN ADR
MAY 24, 1:30 PM EDT until 3:30 PM EDT A conference on using technology in ADR that will be held in Washington, DC, on May 24 will be available via teleconference. The program is entitled, "ADR & Technology: An Introduction to the Cutting Edge." For more information, e-mail colemanl@missouri.edu. Registration deadline: Close of business, May 18.