Summer/Fall 2015 CNDR Newsletter

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SUMMER & FALL 2015

IN THIS ISSUE

2 FACULTY SPOTLIGHT

2 CNDR LEADS GLOBAL PANEL

2 HOSTING INTERNATIONAL VISITORS

3 CNDR WELCOMES NEW LECTURER

3 UPCOMING PROGRAMS AND EVENTS

6 EXCITING NEW SEASON FOR ADR TEAM

7 TRAINING INTO PRACTICE

7 THANK YOU FALL 2015 ADJUNCTS

8 ELEVEN COUNTRIES, FIVE DAYS, ONE MISSION

10 BRINGING COURT MEDIATION TO COUNTRIES AROUND THE WORLD

UPCOMING EVENTS

Mediation Around the World

OCT 9, 2015 I 12:00 - 1:00 PM

Building Personal Resilience

OCT 14 2015 I 3:00 - 4:30 PM

Meet the Masters

OCT 28, 2015 I 3:30 - 4:30 PM

International Arbitration in Asia

Conference

JAN 22, 2016

Northern California ADR Faculty

Conference

FEB 27, 2016

In this special edition of COMMUNIQUE, we share news of our

exciting summer and fall, in which we hosted judges and lawyers

from 11 different countries for the International Court ADR

Institute. In addition, we alert you to opportunities coming in the

near future.

Questions, comments and contributions are always

welcome; just email us at [email protected].

Enjoy,

Sheila Purcell

Clinical Professor & CNDR Director

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CLINICAL PROFESSOR CAROL IZUMI was a discussant on

the topic “ADR in Faculty Governance and Change: What

Works – If Anything – and What Doesn’t” at the Southeastern

Association of Law Schools Annual Conference in Boca Raton,

Florida on July 28, 2015. The discussion group included

many well-known dispute resolution academics from across

the country (photo right).

On May 7, 2015, Clinical Professor Carol Izumi delivered the

opening plenary presentation (with Claudia Viera, Esq.) on

“Implicit Bias and Mediator Neutrality” at the annual

conference of the International Academy of Mediators in San

Francisco. The 3-day conference drew dispute resolution

veterans from around the globe to the Bay Area.

FACULTY SPOTLIGHT

PROFESSOR CLARK FRESHMAN was a plenary speaker in

May to the Academy of Labor Arbitrators national meeting. He

spoke on “The Science of Credibility and Avoiding Cultural

Bias.” He was introduced by Chris Knowlton, the famed labor

arbitrator and former Director of CNDR.

Clark gave an all day class at the Oregon Law Institute on “Lies

in Negotiation.”

In April, Sheila moderated a panel

at the ABA Dispute Resolution

Conference in Seattle. The panel,

entitled “ADR Around Asia”, included Matrika Niraula,

Secretary General Nepal International ADR Center (photo

above), and Sukhsimranjit Singh, Lecturer in Law and

Interim Director of the Center for Dispute Resolution at

Willamette Law School.

Sheila was joined by Michelle Adeoye, CNDR’s Senior

Academic Program Coordinator, who visited with

attendees at the CNDR exhibit booth.

This June CNDR had a visit from

Sudharshana Sunder (photo above with Michelle), a

mediator from Chennai, India. Sudharshana attended a

court ADR training Sheila co-taught in Bangalore, India

this past February. She came to visit CNDR to discuss

her plans for expanding and enhancing court ADR in

Chennai.

The Center also had a late July visit from Professor

Shahla Ali of the University of Hong Kong regarding

conflict engagement.

CNDR LEADS

GLOBAL PANEL

HOSTING

INTERNATIONAL

VISITORS

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While no stranger to CNDR, leading past workshops

and classes, CNDR officially welcomes Debra Gerardi

as the Center’s newest Lecturer in Law.

Debra brings over 15 years of experience as a conflict

specialist, consultant and mediator specializing in

work with healthcare organizations

internationally. She has provided professional

services to over 100 leading healthcare organizations

and over 30 academic and community medical

centers. She looks for creative approaches for

removing barriers to collaboration and for ways to inspire busy professionals to connect their ‘whole selves’ to their

work and to their connections with others.

More on Debra can be found online at http://uchastings.edu/academics/faculty/facultybios/geradi/index.php.

BUILDING PERSONAL RESILIENCE USING THE CYCLE OF RENEWAL

WORKSHOP FACILITATOR: DEBRA GERARDI

The semester is back in full swing and it is easy to get lost in demands associated with meeting the needs of

students and others. This workshop is offered by the Center for Negotiation and Dispute Resolution for

MANAGERS AND STAFF who would like to explore strategies for remaining resilient in the midst of heavy

workloads and busy lives.

This interactive workshop will introduce you to the CYCLE OF RENEWAL developed by Hudson Institute and will

walk you through a model for making sense of change and identifying the life skills needed for navigating each

phase and chapter of your life. You will leave the workshop with a short plan for boosting your resilience before

heading into the busy end of semester crunch time and the

craziness of the holiday season.

OPEN TO ALL UC HASTINGS MANAGERS AND STAFF

(others interested should contact Michelle Adeoye at [email protected])

WEDNESDAY, OCTOBER 14

3:00 PM - 4:30 PM I ROOM M120

RSVP BY OCTOBER 9 - https://uchastings.webconnex.com/resilience

DEBRA GERARDI, JD, MPH, RN

CNDR WELCOMES NEW LECTURER,

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UPCOMING EVENTS

CNDR IS HOLDING ITS FIRST IN-HOUSE OFFERING FOR UC HASTINGS STAFF. THIS GIVES YOU A SENSE OF SOME OF DEB’S WORK.

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T h e C E N T E R F O R N E G O T I A T I O N A N D D I S P U T E R E S O L U T I O N p r e s e n t s :

M AY U WATA N A B E J A P A N

Ms. Watanabe is a doctoral candidate in business law at the Graduate School of International

Corporate Strategy at Hitotsubashi University, specializing in dispute system design. Upon her return

to Japan, she has a goal of establishing a private dispute resolution service provider in Japan.

N U R I A G O N Z A L E Z - M A R T I N M E X I C O

Ms. Gonzalez-Martin is a certified mediator in family, civil and commercial law as well as a professor

and senior researcher at the Law Research Institute of the National Autonomous University of

Mexico. As part of her ongoing comparative research in cross-border child abduction and protection

issues, Ms. Gonzalez-Martin intends to expand the use of ADR in international family law cases. Ms.

Gonzalez-Martin plans to promote conflict resolution by establishing further ADR processes within

academic, judicial and governmental sectors in Mexico.

J I A N G L I P I N G C H I N A

Ms. Jiang is a mediator at the Shanghai Commercial Mediation Center and former judicial assistant

at the Dongguan Municipal No. 2 People’s Court, a national pilot site for the implementation of court-

connected ADR programs in China. Upon her return, Ms. Jiang intends to promote the

establishment of private mediation in China as a complement to existing court-connected ADR

programs.

YA E L S H E M M E R I S R A E L

Ms. Shemmer is a labor and employment lawyer from Israel. As a practitioner in one of Israel's

leading labor firms, she was involved in large-scale labor disputes and collective negotiations, and

handled discrimination cases. Since she graduated from the ILR School at Cornell University, where

she also studied dispute resolution, she has been volunteering as a mediator for Santa Clara county

courts.

J o i n C N D R f o r a l o o k a t t h e u s e o f

M ed i a t i o n a c r o s s t h e g l o b e .

F R I D AY, O C T O B E R 9 I 1 2 : 0 0 P M - 1 : 0 0 P M

C L A S S R O O M 2 1 9 I 1 9 8 M C A L L I S T E R

LIGHT REFRESHMENTS WILL BE SERVED. EVENT IS FREE AND OPEN TO THE PUBLIC.

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MEET THE T he C EN T ER FO R N EG O T I AT I O N AN D D I S P U T E R ESO L U T I O N a nd t he

L I T I G AT I O N AN D D I SP U T E R E SO L U T I O N C O N C EN T R AT I O N a r e p l e as e d t o p r e s e n t :

WEDNESDAY, OCTOBER 28 3:30 - 4:30 PM CLASSROOM D

These high profile and complex cases were

resolved by “SPECIAL MASTERS” and yet most

attorneys are relatively unfamiliar with this

important ADR process.

Join the HONORABLE STEVEN DYLINA and three

preeminent BAY AREA SPECIAL MASTERS for a

discussion of why this process matters, how it

works and how to use it.

EVENT IS FREE AND OPEN TO THE PUBLIC.

LIGHT REFRESHMENTS WILL BE SERVED. LEARN- NETWORK- SNACK!

CATHY YANNI has been a

full-time neutral for more

than 15 years. Her

practice includes

mediation, arbitration, and

special master/discovery

referee and settlement

allocation work.

HONORABLE STEVEN

DYLINA is a judge for the

Superior Court of San

Mateo County in California

who, amongst other efforts

oversaw the 100+ PGE

San Bruno Fire cases and

their settlements.

WILLIAM L. NAGLE has

practiced for nearly forty

years; twenty years as an

insurance defense trial

lawyer and twenty years

as a full time Special

Master/Mediator with an

emphasis in construction

disputes.

MARTIN QUINN, a JAMS

panelist for 20 years, is

routinely appointed by

federal and state judges to

act as a special master or

referee for significant

motions, to supervise

discovery, and to

accomplish settlements.

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INTERNATIONAL ARBITRATION IN ASIA CONFERENCE

SAVE THE DATE: JANUARY 22, 2016

CNDR is joining up with the UC Hastings Far East Studies

Program and the Chartered Institute of Arbitrators (an

international organization with over 10,000 members that

provides training, certification, and international ADR

education) for a one day conference at UC Hastings devoted

to cutting edge topics concerning Asia-related international

arbitration and ADR.

Confirmed speakers include Teresa Cheng, a leading

arbitrator and advocate from Hong Kong and former

president of the Chartered Institute; and Datuk Sundra

Rajoo, the Director of the Kuala Lumpur Regional Centre for

Arbitration and the incoming 2016 President of the

Chartered Institute.

NORTHERN CALIFORNIA ADR FACULTY CONFERENCE

SAVE THE DATE: FEBRUARY 27, 2016

FOR ADR INSTRUCTORS

This year’s Northern California ADR Faculty Conference, co-

sponsored by UC Hastings and Stanford, will be hosted by

Santa Clara University. The conference will be held at Santa

Clara Law School on Feb. 27, 2016. This event explores

cutting edge teaching practices in Negotiation and ADR and

is aimed at those teaching these subjects in law schools,

undergrad and in business schools.

FOR FURTHER INFORMATION ON UPCOMING EVENTS, PLEASE

CONTACT MICHELLE ADEOYE AT [email protected]

It has been a very successful tryout season for the UC Hastings ADR Team, led by Lecturer and Team Coach Clint

Waasted. Thanks to all of you who participated and helped in supporting the team. This year we had over 100

people participate in our tryout process, which consisted of seven 2.5 hour workshops and negotiation simulations, a

four hour weekend Negotiation Training Seminar, and four 1 hour problem preparation workshops. The entire

process culminated in our In-School Competition on Saturday, September 19, where 48 students competed to

determine competition assignments and the final Team Roster.

The teams first competition was the National Sports Law Negotiation Competition at Thomas Jefferson School of Law

in San Diego on September 26-27 where we placed in the top ten. Upcoming we have an INADR International

Mediation Tournament in Boston on October 9-11 and the American Bar Association Negotiation Competition in San

Diego on November 13-14.

Thanks again to all of the practitioners who coached and gave feedback during tryouts!

WE COULDN'T HAVE DONE IT WITHOUT YOU!

2015 VOLUNTEER COACHES & JUDGES

EXCITING NEW SEASON FOR ADR TEAM

Robert McBride

Stephanie Peter

Dennis Weaver

Leon Jon Bonney

Jack Eskridge

Rachel Ehrlich

Jack Russo

Eric Beiswanger

Anthony David

Robert La Vine

Harrison Sheppard

Jonathan Kaplan

Roger Moss

Kenneth Sheppard

Alina Laguna

Komal Chokshi

Ila Deiss

Richard Flier

Nick Campbell

Michelene Insalaco

Serena Lee

Charles Regal

Amy Thomas

Robert Fries

Gail Mitchell

Robert Aune

Naomi Ramsden

Abigail Ramsden-

Frank

John Dittoe

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ONLINE DISPUTE RESOLUTION CONFERENCE JUNE 3-5, 2015

This years Online Dispute Resolution Conference was held at Pace University in NY and

Prof. Vikki Rogers was the primary host. Last summer UC Hastings and Stanford co-hosted

the event which included a “Hackathon for Justice” and both this and last years

conference drew cutting edge thinkers from around the world to look at the latest tools and

technologies for resolving disputes online and off. (Photo right: Sheila and Noam Ebner of

Creighton)

ADVANCED PRACTICE MEDIATION AND CONFLICT RESOLUTION MAY 9, 16, & 30 2015

Teresa Carey , a leading Bay Area mediator and pioneer in the field, along with guest

lecturers led a special three day workshop to help hone and refine practitioners' mediation

and conflict resolution skills. Participants had the opportunity to put what they learned into

practice by working through real world cases with personalized coaching, debrief and

discussion. (Photo right: Teresa Carey and workshop attendees)

MASTERING THE FUNDAMENTALS OF MEDIATION JUNE 10-12 & 15-16, 2015

In June, a diverse group of lawyers, mediators, law professors participated in a 40 hour

mediation certificate training led by Jessica Notini. The training was part of UC Hastings’

Summer Legal Institute and was open to both students and the public. The training

provided a unique blend of mediation theory, hands-on mediation skills training and an

exploration of the sensibilities and personal qualities required to be an effective mediator.

(Photo right: Jessica Notini)

MEDIATION SOCIETY SUMMIT MAY 15, 2015

The Mediation Society brought together practitioners and organizations for a first ever

Mediation Summit. Sheila gave a Keynote address on “Trends in ADR Education” at the

Summit and 4 of her students also presented their research findings on the "State of the

Mediation Community in the Bay Area". (Photo right: Sheila and student Megan Miller)

TRAINING INTO PRACTICE A DEBRIEF OF FEW OF THE PAST PROGRAMS CNDR HOSTED OR SUPPORTED FOR ADR PRACTITIONERS.

THANK YOU FALL 2015 ADJUNCTS!

FIRST ROW (LEFT TO RIGHT):

Margaret Corrigan, Negotiation & Settlement; John Dean,

Negotiation & Settlement; Arlene Kostant, Negotiation &

Settlement; John Ford, Negotiation & Settlement

SECOND ROW (LEFT TO RIGHT):

Jan Gruen, Negotiation & Settlement; Jessica Notini,

Negotiation & Settlement; Magistrate Judge Maria-Elena James,

Judicial Settlement Conference; Anton Ware, International

Commercial Arbitration

In addition, CNDR’s fall semester courses included the following taught by core faculty and lecturers:

Emotions Mindfulness, & Law Clark Freshman Mediation Clint Waasted

Facilitation for Attorneys Sheila Purcell Civil Justice Mediation Clinic Carol Izumi

Debra Gerardi Gail Silverstein

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ELEVEN COUNTRIES, FIVE DAYS, ONE MISSION

Photo highlights from the INTERNATIONAL COURT ADR INSTITUTE , courtesy of Jim Block Photography

The International Court ADR Institute was an one week program, August 10 - 14, 2015, involving non-U.S.

judges, attorneys and court administrators to who came to learn to design and implement court ADR programs

in their respective countries.

The program was taught by Claudia Bernard, Chief Circuit Mediator for the United States Court of Appeals for

the Ninth Circuit; Howard Herman, Director of ADR Programs for the United States District Court for the

Northern District of California; and Sheila Purcell, Director of the Center for Negotiation and Dispute Resolution

at UC Hastings, and former ADR Director for the Superior Court for the County of San Mateo, California.

This year the Institute accepted participants from eleven different countries representing countries in Latin

America, Sub-Saharan Africa, the Middle East/Northern Africa, Europe, and Asia. The diverse group of

participants came from courts at different stages of development bringing with them a variety of perspectives,

making the week an educational and enriching experience for the participants and faculty.

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UC Hastings Chancellor and Dean, Frank

Wu, shares welcoming words to the

attendees and guests.

Senior Circuit Judge Michael Daly Hawkins of

the United States Court of Appeals for the

Ninth Circuit shares a few words at the

opening reception.

Mediator Maciej Taniski, Judge

Mohammed Halim , Judge Do Thuy

Thanh, Mediator Liping Jiang, Lawyer

Aleksandre Tsuladze, and Judge Harrison

Mutabazi.

Many thanks to the Carolyn Purcell (middle)

and Steve Purcell and the Silicon Valley

Foundation for their generous contribution to

the Institute.

Chief Judge Phyllis Jean Hamilton

welcomes the group to the U.S. Northern

District Court.

Institute Faculty and staff, Gabrielle Parris,

Sheila Purcell, Howard Herman, Claudia

Bernard, and Michelle Adeoye.

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The Center for Negotiation and Dispute Resolution’s

(CNDR) one-of-a-kind Institute hosted judges, mediators

and court administrators from Austria, Bangladesh,

China, Egypt, Georgia, Lebanon, Mexico, Nigeria,

Poland, Rwanda, and Vietnam during a weeklong

intensive academic program that equips attendees with

the knowledge and tools to envision, design and

implement court mediation programs in their home

countries.

Sheila Purcell '86, Clinical Professor of Law and Director

of CNDR, helped found and teaches the Institute with co

-faculty and fellow UC Hastings’ alumni Claudia Bernard

’86, the Chief Circuit Mediator for the Ninth Circuit Court

of Appeals and Howard Herman ’83, Director, ADR

Program, United States District Court, Northern District

of California. He is also the new Chair of the American

Bar Association’s Dispute Resolution Section. The three

lawyers are well-known leaders and educators in the field

of alternative dispute resolution (ADR).

Mediation programs can give parties greater control of

their cases and can save courts and parties substantial

time and money by encouraging adversaries to talk

directly to one another with the assistance of a neutral

mediator. The concept of using ADR to resolve disputes

translates across cultures, unlike many other areas of

law, which are more constrained by countries’ own legal

procedures. “In some ways it’s audacious to think that

people from 11 different countries with vastly different

legal systems can learn from us and each other, but

there are common elements that every court needs to

grapple with when establishing mediation programs,”

remarked Purcell.

The participating countries are at different stages in their

court mediation programs. Some boast established

initiatives while others are first contemplating how to

design them. Faculty teach this hands-on and

interactive Institute by offering an overview of ADR

practice, assisting participants in assessing needs in

their systems, explaining the elements of program

design, addressing implementation issues faced by

mediation programs and advising participants on

ongoing program development.

BRINGING COURT MEDIATION

TO COUNTRIES AROUND THE WORLD ARTICLE COURTESY OF UC HASTINGS NEWSROOM

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In addition to the coursework, participants visit the faculty

members’ courts to see the physical facilities, meet

judges and ask questions of people who are involved in

mediation on a daily basis. The three faculty members

also provide technical assistance consultations to the

participants. “The consultations are the most unique

aspect of our program. We look at the attendees’ plans

and provide advice. In the six months following the

Institute, we remain available to provide additional

consultation via email and Skype,” said Purcell.

Although not every participant returns to mount a full

court mediation program, most of them apply the lessons

learned. And some former participants have had great

success getting programs off the ground. One participant

from Armenia received funding from the country’s

Ministry of Justice and created a five-year strategic plan

that that USAID is helping fund. Another participant from

South Africa started a small claims mediation clinic for

low-income people. A judge from Mozambique has

asked Purcell, Herman and Bernard to visit his country

to help implement new laws to promote mediation.

“Working with judges and lawyers from across the globe

has made me realize how much change can be driven

by individuals with vision and determination,” remarked

Herman.

Comparing the Institute to a small Model UN, Purcell

appreciates that its value derives not only from the course

work, but also from the learning opportunities the

participants receive from one other. Bernard concurred,

“By far the most rewarding aspect of the program is

spending an intense week with thoughtful, curious,

engaged judges and lawyers from all over the globe. The

relationships have been incredibly rewarding. I learn as

much from them as they do from me.”

Photo Credit: Jim Block Photography

(pg 10 ) Mediator Maciej Taniski (Poland), Mediator Jiang Liping (China),

Judge Harrison Mutabazi (Rwanda), Judge Mahmoud Mourad (Egypt)

(pg 11) Judge Mostafa Elsheif (Egypt) and Judge Do Thuy Thanh (Vietnam)