Summer Legal Institute
The Center for Negotiation and Dispute Resolution is pleased to offer these Dispute Resolution courses as part of UC Hastings Summer Legal Institute.
Envisioning, Designing & Implementing Court ADR:
A Practical & Theoretical Program
June 20-24, 2011
Application
This course will prepare participants to design and implement court ADR programs in their respective countries. Participants will be selected from a pool of international applicants and will receive a certificate of completion at the end of the week-long program. Instruction will involve a mixture of theoretical and practical classroom presentations and simulation exercises, as well as opportunities to observe selected court ADR programs in the immediate vicinity of the law school and to meet with ADR judges, practitioners, and scholars from the community. Participants will learn how to lay the groundwork for a successful court-based ADR program by working with local stakeholders; how to assess community needs, choose ADR processes suited to those needs and develop the chosen program design; how to screen and select cases appropriate for ADR; and how to implement, evaluate and modify a program once it is underway.
Participants will also learn how to select and train neutrals to work in their programs, including the personal qualities and skill sets required for the various processes, and how to deal with ethical problems and confidentiality issues. In addition to group sessions, one-on-one consultation with the lead trainers will allow each participant to explore issues specific to his or her own country's legal system and needs; and a 3- to 6-month follow-up by email will allow the providers both to measure the effectiveness of the training and to offer additional assistance after the participants return to their home countries.
Faculty
Claudia Bernard, Chief Circuit Mediator for the U.S. Court of Appeals for the Ninth Circuit
Claudia Bernard has taught Mediation and Negotiation at UC Hastings and at Santa Clara University School of Law. She has taught mediation to judges and lawyers in India and Germany, and consulted on ADR systems design with visiting delegations from around the world. She regularly trains lawyers in the U.S. in mediation and mediation advocacy. With Howard Herman, she has a relationship with Bucerius University in Germany where they teach an advanced mediation seminar. She also consults for the Federal Judicial Center, helping federal courts around the U.S. develop and improve their ADR programs.
Howard Herman, Director of ADR Programs for the U.S. District Court for the Northern District of California
Howard Herman currently teaches Advocacy in Mediation and Mediation at UC Hastings, where he has taught since 1997. In his work at the district court, he has primary responsibility for training and supervising hundreds of lawyers who serve as volunteer neutrals in the court's ADR programs. He has taught courses for lawyers and judges, and consulted on ADR systems design in India, Jordan, Palau, Germany, Thailand, Malaysia and the Marshall Islands, and has consulted with visiting delegations from around the world. He consults for the Federal Judicial Center, helping federal courts around the U.S. develop and improve their ADR programs.
Sheila Purcell, ADR Director for the Superior Court for the County of San Mateo, California
Sheila Purcell teaches ADR Systems Design at UC Hastings and has taught ADR Policy classes both at Hastings and Berkeley Law School since 1996. She designed and directs the Multi-option ADR Project at the San Mateo Superior Court, involving distinct programs for Civil, Complex Litigation, Family, Small Claims, Probate and Juvenile ADR. Her publications include co-authoring and contributing to a Bench guide to ADR, Guide to Court Related ADR and an ADR Handbook for Judges. She initiated a court ADR technical assistance project with the American Bar Association. In addition to hosting delegations from around the world, she has taught, trained and consulted in Italy, the Netherlands, Bosnia and India, and has assisted the Ministry of Justice of Slovenia with ADR legislation and implementation.
Mediation Certificate Program
July 27-August 5, 2011
Application
This 40 hour mediation training, open to incoming Hastings LL.M. students and non-U.S. attorneys, notaries and others, will introduce participants to the theory and practice of mediation. Instruction will include presentations, but will primarily involve hands on, targeted exercises and practice in the role of the mediator. Participants will learn by experience the skills necessary to successfully guide parties in conflict from impasse to mutually agreeable solutions. All of the participants will receive personalized attention and feedback on mediating from experienced mediators through small group practice sessions.
Instruction will include skill-building exercises to hone participants' ability to deal with highly charged, emotional situations and to draw out parties' underlying interests and concerns through a series of specialized questioning and listening techniques. Participants will learn how to assist parties in developing options for mutually acceptable agreements and how to draft workable agreements that meet the needs of the parties. Instruction will also include discussion of the principles underlying mediation as well as the current ethical and policy issues facing the mediation community.
Faculty
Darshan Brach, Training & Mediation Clinic Coordinator, UC Hastings College of the Law
Darshan Brach instructs and coordinates the Hastings Civil Justice Mediation Clinic and the Center for Negotiation and Dispute Resolution's external training programs. Since beginning her law teaching career in 1998, she has taught Negotiation and Mediation at Stanford Law School, Mills College of Business, Santa Clara School of Law as well as at Hastings. Her mediation training career spans over 15 years. She has conducted numerous trainings in both the public and private sectors, including trainings for police officers in Brookline, Massachusetts, for the Environmental Protection Agency, the Army Corps of Engineers, the California Public Utilities Commission, and the San Francisco Superior Court. In her role as Mediation Clinic instructor, she trains and guides law students in hands on, experiential learning through fieldwork in the San Francisco Superior Court Small Claims Department and in several city, county and state agencies.
Intensive Negotiation & Settlement
3 Unit Course in 2 Weeks
July 18-29, 2011
Satisfies professional skills requirement. This course is an introduction to the theory, process, and practice of negotiation to help students improve their skills as negotiators and develop a framework for self-learning in the future. In addition to group discussions, classroom instruction will rely heavily on simulation and video tape review. There will be required readings for most classes and a number of short written assignments related to particular classes and simulation exercises.
Faculty
Maria Joseph, Mediator & Adjunct Professor of Law
Maria Joseph has been mediating family law matters for ten years. In addition, she has mediated employment, business partnership, real estate and guardianship disputes. Ms. Joseph has been an adjunct faculty member at UC Hastings since 2006 and at UC Berkeley since 2009, teaching negotiation and mediation. She also directs UC Hastings' ADR Externship Program placing students in federal, state and local agencies as well as private entities to gain cutting edge experience in the rapidly changing and expanding dispute resolution industry. Ms. Joseph also conducts directed research with advanced ADR students. Examples of her experience teaching mediation include administrative law judges at the Public Utility Commission, residents in a homeless shelter and disadvantaged teens.
Jason C. Meek, M.CIArb & Adjunct Professor of Law
Jason C. Meek, M.CIArb, is the founder and managing director of iDeal Counsel, APLC, which offers expert mediation and facilitation services designed specifically to guide stakeholders through complex deal negotiations and cross-sector change initiatives. A pioneer in the emerging field of deal mediation, Mr. Meek created innovative frameworks and training methods for the first American Bar Association workshops on the subject. Previously, he represented clients in private practice at global law firms in corporate finance, mergers and acquisitions, venture capital, and strategic partnering transactions. He also served as general counsel for emerging businesses in the technology sector. Mr. Meek earned a Diploma in International Commercial Arbitration from the Chartered Institute of Arbitrators, London, and received certifications in mediation from Harvard Law School and The Center for Mediation in Law. Mr. Meek teaches introductory and advanced courses on negotiation and deal-making as adjunct professor at UC Hastings College of the Law and UC Berkeley School of Law. Mr. Meek is also the founder and CEO of The iDeal World, which offers strategic consulting services and capacity building programs that facilitate transformative change for leaders, organizations, and their relationships.
The University of California, Hastings College of the Law subscribes to the Americans with Disabilities Act. If you need reasonable accommodations to attend the event, please call the Disabilities Accommodations Hotline at 415.565.4848 or email your request to DAH@uchastings.edu no later than 72 hours before the event.