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.”
All Instruction in English.
“Overall, this was an excellent program, both on a theoretical and practical level.”
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, Director of UC Hastings' Center for Negotiation and Dispute Resolution
Sheila Purcell teaches ADR Systems Design at UC Hastings and has taught ADR Policy classes both at Hastings and Berkeley Law School since 1996. Prior to joining Hastings, she designed and directed 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 China, Bosnia, Hong Kong, India, Italy, the Netherlands, and Singapore, and has assisted the Ministry of Justice of Slovenia with ADR legislation and implementation training.
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. Lodging is available at discounted rates.
This program has been made possible by a generous grant from the JAMS Foundation.
June 11-14 & 16-17, 2014, (8:30-5pm, except last day, 8:30-3pm)
40 MCLE credits, including 1.5 hrs Elimination of Bias & 2 hrs Legal Ethics
This comprehensive mediation training provides 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. We welcome those with no previous mediation training or experience, as well as experienced mediators who wish to enhance their effectiveness. This course will also be useful for any attorney who represents clients in mediation to understand the mediation process and to be more effective in representing clients in mediation. We also encourage participation of international attorneys, notaries and Hastings LL.M. students.
*This course satisfies training requirements for most court and agency mediation programs.
Jessica Notini, Mediator and UC Hastings Adjunct Professor of Law
Jessica Notini, J.D.., is a mediator and facilitator in private practice in Lafayette, California, experienced in a wide range of disputes and now emphasizing work with probate and estate, employment, and contract disputes. Before becoming a mediator 18 years ago, Ms. Notini practiced environmental law in San Francisco. Ms. Notini teaches mediator and negotiation at UC Hastings and several other Bay Area schools, and has trained mediators internationally, in Latin America and Europe. She is past Chair of the State Bar of California ADR Executive Committee and past President of the Northern California Mediation Association (now ADRNC).
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 40 hours of MCLE credit, including 2 hours Legal Ethics and 1.5 hours Elimination of Bias in the Legal Profession.
Registration for Mediation Training
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.