Summer Legal Institute

Envisioning, Designing & Implementing Court ADR:
A Practical & Theoretical Program
June 13-20, 2012
9:30 am to 3:30 pm

This program, open to non-U.S. judges, attorneys and court administrators, 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.

This program was offered for the first time in June 2011.  Participants were uniformly enthusiastic about the substantive value of the program and about the many opportunities provided to meet and talk with others in the San Francisco Bay Area ADR community.  A sample of their comments include:

“The commitment of the participants and the faculty…was powerful and brought us insight, knowledge, many ideas and hidden experience (wisdom). It was really an inspiring and enriching week.”

“Very rich diversity of participants. Very open-minded faculty members/trainers.”

“Overall, this was an excellent program, both on a theoretical and practical level.”

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.

Thanks to a generous grant from the JAMS Foundation, we are able to offer this program at a discounted rate: 
Registration by March 1, 2012: $850.00
After March 1, 2012: $1000.00 

The registration fee includes all materials for the program, as well as breakfast and lunch for the days the program is in session.  Most dinners, lodging and airfare are not included.  We are currently negotiating discounted rates at nearby hotels, and will provide that information when it is available.

All instruction and materials will be in English.

Court ADR Application

40 Hour Mediation Certificate Program
June 4 - June 9, 2012
9 am to 5 pm each day
35 CLE hours, including 2 hours Legal Ethics & 1.5 hours Elimination of Bias

This 40 hour mediation training, open to lawyers and non-lawyers alike, 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, Principal, Partnership for Aging Concerns & Adjunct Professor of Law

Darshan Brach teaches in 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, and 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. 

Registration Fee:  $1600.00 

Mediation Certificate Program Application

The O'Brien Center of UC Hastings College of the Law is a State Bar of California approved MCLE provider, and certifies that this activity has been approved for 35 hours of MCLE credit, including 2 hours for Legal Ethics and 1.5 hours for Elimination of Bias in the Legal Profession.  

Intensive Negotiation & Settlement (3 units) 

1^st Section: July 2 - August 2, 2012, Tuesdays & Thursdays, 5:15 pm to 9 pm, Saturday, 7/14/2012, 9 am to 1 pm, taught by Maria Joseph

2^nd Section: July 23 – August 3, 2012, Mon-Fri, 9:50 am to 3:10 pm, taught by Jason Meek

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.  This course is open to current J.D. students (in good academic standing) attending an ABA-accredited law school and to incoming Hastings LL.M. students.

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 directed 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.

Online Instructions to Apply for Summer Negotiation & Settlement

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.