Fall 2013 Newsletter

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          Director's Letter

          Happy Thanksgiving! We continue to be thankful for all the opportunities we have to connect with courts, community mediation organizations as well as international firms and legal organizations offering ADR programming in the Bay Area. Recently, I was pleased to visit my former court, San Mateo San Mateo Small Claims MediatorsSuperior, to thank Small Claims Mediation volunteers at a Recognition luncheon. I was struck by how fortunate our students are to have a chance to offer similar community service at the SF Superior Court Mediation Clinic overseen by CNDR Prof. Carol Izumi, Prof. Gail Silverstein and Adjunct Darshan Brach.

          We are also grateful to ADR Team Head Coach Clint Waasted who, as you will read below, once again led our students to victory in several Fall competitions.

          As we approach the holidays we want to thank the many people who have contributed to the work of the Center by serving as adjuncts, volunteering as Team coaches and judges, donating financial assistance, and all of you who attended our three 10th Anniversary events.  See the photo gallery.

          Best wishes,

          Donate to CNDR

          Last Chance MCLE, Saturday, December 14
          Register Here

          In one action-packed day, Lawyers in Group 3 (N-Z) who must complete those hard-to-get MCLE credits in legal ethics, substance abuse/mental illness and elimination of bias before the deadline of February 3, 2014, will earn 6 specialized credits and gain understanding, skill and insight as a negotiator.  All lawyers who would like a head start on these specialized credits are welcome.

          Ethics of Negotiation: The Good, the Bad and the Ugly
          8:30 am – 12:45 pm
          Adjunct Professor Jessica NotiniLast Chance MCLE

          Implicit Bias in Negotiation
          2:00 pm – 3:00 pm
          Clinical Professor Carol Izumi

          Recognizing & Understanding Mental Health Issues
          3:15 pm – 4:15 pm
          Adjunct Professor Robert Terris

          $275 early registration (by December 1)
          $250 Alums, gov't & non-profit employees
          Includes breakfast and all MCLE materials

          Register Here

          MCLE: This activity has been approved by the State Bar of California for 6 MCLE credits, including all required credits in specialized areas: 4 credits in legal ethics, 1 credit in elimination of bias in the legal profession and 1 credit in prevention and detection of mental illness.

          Auspicious Start for ADR Team

          UC Hastings ADR Team tore out of the gates in winning fashion through a high-octane tour of dispute resolution competitions this semester, placing in the top 5 in each one. 

          National Sports Law Negotiation CompetitionFirst stop:  The National Sports Law Competition in San Diego.  Robert McBride and Ida Khamsi finished in Second Place, winning all of their rounds and taking Second Place only after a series of tiebreakers broke their tie for First Place. 

          Next stop:  The Southwestern Entertainment Law Negotiation Competition in Los Angeles.  Both teams UC Hastings sent advanced to the finals, with Kyle Bonacum and Brian Lowry finishing in Second Place and Pedrom Ghafoori and Justin Schultz finishing in Fourth Place.Southwestern Entertainment Law Negotiation Competition

          Pit stop:  UC Hastings In-School Negotiation Competition.  Part of UC Hastings ADR Team tryout process, the In-School is the culminating event of a month-long negotiation bootcamp.  Approximately 65 alums and other professionals volunteered their time and energy to coach and judge the 100+ students who tried out for the team this year.  As we often say, we couldn’t possibly assess so many students for their ADR skills without all the help we receive from our community of volunteers.  Our deepest thanks go out to all of those who have assisted us over the years.  You are all part of the Team’s phenomenal success.

          Jeffry Abrams Mediator CompetitionThird stop:  The Jeffry Abrams National Mediator Competition in Houston.  UC Hastings swept the top honors with Kyle Gertridge winning First Place and Alix Pisani taking Second Place. 

          Fourth stop: The ABA Regional Negotiation Competition in Berkeley.  Danielle Chang and Justin Page claimed Fourth Place, with Sarah Barr and Jonathan Kam placing Fifth.

          The Team is taking a bit of a breather for finals(!) and then they hit the ground running in January, with 8 competitions over 4 months.  Congratulations to Head Coach Clint Waasted and ALL Team Peeps, and good luck going forward!

          Teaching Notes

          With the goal of improving teaching preparation, student participation and quality of work product and learning by our students, CNDR held its annual Best Practices meeting in October.  Adjunct professors attended both live and remotely to share information, ideas and wisdom learned over the years.  Facilitated by Adjunct Professor Jessica Notini, the meeting covered grading, new reading in the field of dispute resolution, written assignments and coordination of cross-class exercises.

          CNDR Director Sheila Purcell continues to work with UC Hastings administration and faculty to integrate ADR into the 1L and LLM curricula.  She was a guest lecturer in four classes of Torts, running a negotiation exercise based upon a Torts case the students were studying.  Sheila also presented on Court ADR to Professor David Levine’s Civil Litigation and Dispute Resolution Concentration class.  Sheila and Melissa Nelken also taught a negotiation class to this year's incoming LL.Ms during orientation.

          Race, Rights & Reparation BookcoverClinical Professor Carol Izumi’s 2nd edition of her co-authored book, Race, Rights and Reparation:  Law and the Japanese American Internment, was published last May by Wolters Kluwer Law and Business.   While in Washington DC (her old stomping grounds) Carol served as small group discussion leader at the Association of American Law Schools (AALS) Workshop for New Law Teachers, was appointed to the AALS Planning Committee for the 2014 New Law Teachers Workshop, led a plenary session discussion on “The 25th Anniversary of the Civil Liberties Act of 1988 and Japanese American Redress” with Secretary Norman Mineta, Wade Henderson (President of the Leadership Conference on Civil and Human Rights), and John Tateishi (former JACL Redress Director) at the Japanese American Citizens League (JACL) national convention and was elected to her fourth 3-year term as a member of the Board of Directors for Consumer Reports. 

          Clark FreshmanProfessor Clark Freshman traveled to Copenhagen this semester to research Danish mediation and train Danish lawyers and executives in detecting lies in negotiation. He was also a plenary speaker on Ethics, Honesty & Trust In Negotiation at the Global Summit on Negotiation and Trust in Phoenix, Arizona.

          Emeritus Professor Melissa Nelken gave a talk on Cognitive Traps and negotiation skills as part of a series of presentations to a group of emerging leaders at OpenDNS, a San Francisco based internet security company.

          International Impact

          Weinstein FellowADR Around the World in 60 Minutes For the second year in a row, CNDR was pleased to invite fellows from the JAMS Foundation Weinstein International Fellowship program to speak to students and faculty about alternative dispute resolution around the world.  The Weinstein International Fellowship program provides opportunities for qualified attorneys, judges and practitioners from outside the U.S. to study dispute resolution processes and practices in the U.S. in order to advance the resolution of disputes in their home countries. Pictured are Weinstein Fellows and Mediation Society Annual Membership Dinner attendees, L to R: Teresa Leitao from Portugal, Tony Piazza, JAMS Foundation Managing Director David Brandon, Judge Ahmed Zeid from Egypt, Sheila Purcell, Sayed Monsour from Afghanistan, Weinstein Fellowship Program Director Ellen Bass, Melissa Nelken and Primila Edward from Malaysia.

          International Court ADR Institute Faculty Present to Weinstein Fellows  The JAMS Foundation invited CNDR Director Sheila Purcell, Adjunct Professor and ADR Director of the US Northern District Court Howard Herman, and Claudia Bernard, Chief Mediator for the Ninth Circuit Court of Appeals to provide an overview on US Court ADR. These three have served as the core faculty for the JAMS Foundation-funded CNDR International Court ADR Systems Design Institute.

          Fifiek MulyanaRule of Law, ADR and Court Reform in Indonesia  Fifiek Woeland Mulyana, an Eisenhower Fellow from Indonesia visited our Mediation Clinic, (pictured far R) observed a mediation at JAMS and met with CNDR Director Sheila Purcell to discuss Court-related ADR Systems Design. Fifiek and Sheila first met last fall at an ADR Conference hosted by the Singapore Supreme Court. A leading consultant on judicial reform in Indonesia, Fifiek plays a significant role in implementing the Indonesian Supreme Court’s 25 year blueprint for judicial reform, which includes ADR.  Indonesian Judge Diwi appears next to Fifiek in the photo.

          Dominican Republic  In September Dr. Jorge Subero Isa, former President of the Supreme Court of the Dominican Republic, visited UC Hastings and spoke on Leading with Integrity: Practical Perspectives on U.S. Engagement in Rule of Law Development at Tetra Tech DPK’s 20th Anniversary celebration. DPK’s work supports countries seeking to improve the delivery of justice by strengthening the institutions of accountable and effective governance.

          DLA Piper ArbirtratorsInternational Arbitration  DLA Piper’s Cedric Chao along with John Beechey, Chair of the ICC, International Court of Arbitration and others spoke at a stimulating seminar attended by Sheila Purcell entitled “Does International Arbitration Make Sense for California Companies?” DLA Piper’s Hilary Gevondyan and Tom Duley serve as Adjuncts for our newly added course on International Business Negotiations, modeled on a course started by Jay Finkelstien also of DLA Piper.  Pictured L to R: Cedric Chao, John Beechey, Ellen Brown and Robert Shanks.

          Mediation Society Honors Sheila Purcell

          Sheila Purcell & CNDR FacultyIn September, CNDR Director Sheila Purcell was honored by The Mediation Society for her Outstanding Achievement in the Field of Mediation.  The Mediation Society is a non-profit organization based in Northern California that is composed of experienced mediators who meet regularly to share information, develop mediation skills and techniques, and enjoy an atmosphere of fellowship among peers. Pictured L to R CNDR Faculty: Melissa Nelken, Elaine Leitner, Howard Herman, Claudia Bernard, Martin Quinn, Bob Fries, Sheila Purcell and Mary McLain.  Congratulations, Sheila!

          Upcoming Events - Save The Dates!!

          Last Chance MCLESaturday, Dec. 14, 8 AM - 4:15 PM
          Last Chance MCLE: Ethics, Elimination of Bias & Mental Health Awareness Through a Negotiation Lens.  This activity has been approved by the State Bar of California for 6 MCLE credits, including all required credits in specialized areas: 4 credits in legal ethics, 1 credit in elimination of bias in the legal profession and 1 credit in prevention and detection of mental illness.  Register Here

          The Waiting RoomTuesday, Jan. 14, 4 - 6 pm
          Appetizers, a Movie & Discussion of the documentary "The Waiting Room: 24 Hours, 241 Patients, 1 Stretched ER"
          This timely, award winning documentary film looks at law, healthcare and the conflicts that arise at hospital bedsides as outcomes of public policy decisions. The viewing and discussion are in collaboration with the UCSF/UC Hastings Consortium on Law, Science & Health Policy which offers broad array of programs and opportunities for faculty, staff, and students at UC Hastings and UCSF in the areas of education, research, and clinical service.

          Saturday, Feb. 1, 9 AM -4 PM
          Northern California ADR Faculty Teaching Conference
          CNDR and the Gould Center for Conflict Resolution at Stanford have secured Michael Wheeler from the Harvard Business School and Debra Gerardi to present at the annual Northern California ADR Faculty Conference.  Michael’s new book, “The Art of Negotiation: How to Improvise Agreement in a Chaotic World”, examines negotiation agility and creativity from diverse fields such as jazz, sports, theater and military science.  He will explore how improvisation is its own discipline with its own mindset and techniques that can be learned with the appropriate attitude.  Debra, a healthcare conflict engagement specialist who has trained at Second City and Bay Area Theater Sports, will lead an interactive improvisation session for faculty to learn first hand how to incorporate improvisation into their teaching.

          Ruth GlickTuesday, Feb. 11, 5:30 PM-7 PM
          What Every Lawyer Needs to Know About ADR and Why
          Join us for a networking reception and MCLE event featuring Ruth Glick, UC Hastings ’91 and current ABA Dispute Resolution Section Chair.  Ruth will address the growing responsibility that attorneys have to advise their clients about ADR processes and to assist them through these.  She will also offer professional advice to those seeking to transition their practice into mediation and other forms of ADR.

          June 25-27, 2014
          Online Dispute Resolution Conference
          UC Hastings and Stanford University will co-host the 13th Annual Online Dispute Resolution “ODR” Conference June 25-27, 2014, with significant collaboration from the Internet Bar Organization and co-sponsorship from the ABA Section of Dispute Resolution. UC Hastings will host a Hackathon and ABA President James R. Silkenat will present a keynote address.  

          The Conference has been the definitive gathering for ODR researchers and practitioners from all over the world. This will be the first time it will be in the United States. Prior meetings have been held in locations such as Geneva (at the Palais des Nations), Melbourne, Cairo, Hong Kong, Haifa, Buenos Aires, and Chennai.

          We hope you can join us for each of these events.  Save the dates, and we'll send you more information as it develops.

          Giving Thanks (and Treats)

          HalloweenWe have been blessed by so many within the community who have donated their time, expertise and money to CNDR.  Without the contributions from our alumni and practitioners, we simply could not produce the quality programs the Center has been proud to offer students and professionals in the Bay Area and around the world for the past 10 years.  Thank you to all of you who have recently contributed to CNDR’s success:

          Leslie Airola-Murveit, Brooke Barnum-Roberts, Ellen Bass, Eric Beiswanger, James Birkelund, David Bluhm, Darshan Brach, David Brandon, Sue Bunnell, Nick Campbell, Michael Carbone, Teresa Carey, Robert Carr, Karen Carrera, Emily Chan, David Cherniss, Karl Christiansen, Elizabeth Cooper, Jan Coplick, Margaret Corrigan, Tony David, John Dean, Rob Dobbins, Emily Doskow, Paul Dubow, Tom Duley, Robert Epstein, Richard Flier, Jay Folberg, John Ford, Raquel Fox, Janet Frankel, Bob Fries, Hilary Gevondyan, Matt Geyer, Jonathan Gross, Jan Gruen, Shirish Gupta, John Harrison, Robert Helwick, Howard Herman, Jim Hildreth, Billy Hileman, Mark Humbert, Eric Ivary, Peeyush Jain, JAMS Foundation, Maria-Elena James, Philip Jelley, Olivera Jovanovic, Eugene Kalinsky, John Kaplan, Linda Kattwinkel, Chris Knowlton, Barbara Kong-Brown, Arlene Kostant, Robert La Vine, Chris Lavdiotis, Paula Lawhon, Elaine Leitner, Stephen Liacouras, Greg Lim, Charles Loughran, Grande Lum, Jaimie Mak, Sabi Mand, Janet Martinez, Judy Mazia, Mary McLain, Jason Meek, Linda Miller, Marcia Moulton, Terry Murphy, Phillip Neiman, Jessica Notini, William Quinby, Martin Quinn, Charles Regal, Lizanne Reynolds, Meredith Richardson, Diana Richmond, Matthew Roman, Nicole Roman, Hadden Roth, Joel Rubin, Jack Russo, Joel Schaffer, Kathryn Schear, Erika Schmidt, James Schurz, Jeremy Sell, Pat Shanahan, Harrison Sheppard, Grant Shubin, Ann Shulman, Robin Siefkin, Amy Slater, Rochael Soper, DJ Soviero, Susan Stone, Robert Terris, Amy Thomas, Sheryl Traum, Dennis Weaver, John Weber, Richard Whitmore, Randall Wulff, Jess Yanez, Cathy Yanni, Pazit Zohar

          Donate to CNDR

          Donor Profile: Leslie Airola Murveit & her father, Buzz Airola '48

          CNDR extends its deepest gratitude to Leslie Airola Murveit for her generous underwriting of CNDR’s 10th Anniversary reception.  Leslie’s contribution was in honor of her late father, Lowell A. “Buzz” Airola, UC Hastings ’48.

          Leslie Airola MurveitLeslie is active in a number of community ADR organizations and services, serving a number of years on the Board of Directors for the Peninsula Conflict Resolution Center. She also has been active with her local School Board, served as a mediator on the San Mateo Superior Court Mediation panel, and was the Small Claims Advisor for San Mateo County for many years.  Her father was an important pioneer in the workers' compensation bar.  Stricken with polio at the age of 11, he dedicated his professional life to helping injured workers, obtaining one of the first legal specialties in workers' compensation and co-founding the California Applicants Attorneys Association, which works to improve legal rights for injured workers. He was the recipient of the first Eugene Marias award recognizing excellence in representing injured workers.

          Donate Now

          We thank all our donors and generous volunteers who give both contributions and time. We invite you to consider donating to the Center. Donations go to the Negotiation and Mediation Team (for travel, competitions and hospitality for volunteers), the Mediation Clinic (for training and supervision), scholarships to the International Court ADR Institute for participants from developing countries, and ongoing events and projects of the Center.