Summer Institute

This course examines how obvious and not-so obvious cultural difference impacts resolution of inter-personal and inter-state (international) disputes. Specifically, the course will bring an international perspective to understanding the impact of culture in the most commonly used international and domestic dispute resolution processes (negotiation, mediation and arbitration). It will follow a three-step approach to know and understand the influence of culture on decision-making, including: awareness and knowledge of one’s own culture; knowledge and understanding of another party’s culture; and knowledge and impact of either on the desired goal/outcome of the dispute. This course will help students be more culturally aware and better equipped for effective participation in dispute resolution processes that increasingly involve different languages, customs, values, nationalities, and states of origin.

Faculty: Nadja Alexander, Academic Director, Singapore International Dispute Resolution Academy, Visiting Professor of Law, Singapore Management University

This course explores the nature and sources of systemic and organizational conflict, and provides students with an opportunity to develop practical skills to prevent destructive conflict before it occurs and manage inevitable conflicts which arise in organizations.  This course will utilize a range of modalities including case studies, discussions and research projects to illustrate key organizational conflict concepts.  Students will learn how to analyze conflicts and help organizations create productive outcomes.

Faculty: Aimee Gourlay, Executive Director, Mediation Center

June 2 (8:30 a.m. – 5:00 p.m.); June 3, 4, 5, 6, (4:30 – 9:30 p.m.)

This interdisciplinary course introduces students to important theoretical perspectives on our understanding of conflict and conflict response. Specifically, students explore the biological/physiological, psychodynamic, social psychological, communication, and sociological/political perspectives on conflict by reading and discussing major theoretical works within each perspective. Emphasis is on comparing and distinguishing key dimensions of these theories, such as the nature and sources of conflict, conflict escalation, conflict response, and the nature of the third party role. Classes follow an interactive format. Using case studies, exercises, and group discussion to draw upon personal experiences, including those involving race and social identity, the course explores the usefulness of each perspective to understand the experience of conflict.

Faculty: Kenneth Fox, Professor, Hamline University School of Business

June 7, 10, 11, 12, 13 (4:30 – 9:30); June 8 & 9 (8:30 a.m. – 5:00 p.m.)

This course examines the skills, constraints, and dynamics of the negotiation process. A theoretical framework for understanding negotiation practice in a variety of contexts will be developed through readings, highly interactive exercises, and role-plays. The course addresses fundamental skills such as systematic preparation, management of the negotiation process, and identification of optimal agreements. Ethical constraints of negotiation also are considered. Course content is drawn from the fields of law, psychology, business, and communication.

Faculty: Professor Sharon Press, Director, Dispute Resolution Institute and Professor of Law, Mitchell Hamline School of Law

June 15 (8:30 a.m. – 5:00 p.m.);  June 17, 18, 19, 20 (4:30 – 9:30 p.m.)

Facilitation is a process in which a neutral or team of neutrals works with a large group or multiple parties to help the group work more effectively. Facilitation is a system used in a wide variety of settings, including, but not limited to, business, political, legal, and social welfare. This course will focus on the principles of dispute resolution design, such as stakeholder analysis, process design, and agenda setting, and applying these principles to individual cases. The course will also help students develop the skills necessary for effective facilitation, including active listening and managing group dynamics. This course will include simulations involving public disputes, child welfare, and employment to give students a flavor of the many areas in which facilitation skills may be useful.

Faculty: Professor Kristen Blankley, Association Professor and Director, Robert J. Kuktak Center for the Teaching and Study of Applied Ethics, University of Nebraska College of Law

June 21, 24, 25, 26, 27 (4:30 – 9:30 p.m.); June 22 & 23 (8:30 a.m. – 5:00 p.m.)

Through discussion, simulations, and roleplay, this course focuses on the structure and goals of the mediation process and on the skills and techniques mediators use to aid parties in overcoming barriers to dispute resolution. The course also examines the underlying negotiation orientations and strategies that mediators may confront and employ; the roles of attorneys and clients; dealing with difficult people and power imbalances; cultural, race, and social identity considerations; and ethical issues for lawyers and mediators. In addition, special attention is devoted to the art of successful representation of clients in mediation.

Faculty: Professor Alyson Carrel, Associate Professor; Assistant Dean of Law and Technology Initiatives; Assistant Director, Center on Negotiation and Mediation, Northwestern University Pritzker School of Law

July 8, 9, 10, 11 ,12  (8:00 a.m. – 5:45 p.m.)

This is a challenging, high-energy course in basic divorce mediation skills and practice development. Along with the basic content areas of divorce settlement—property division, parenting, child and spousal support, divorce tax issues—the course also addresses the role of consultants and lawyers, conflict theory, psychological issues, power balancing, domestic abuse, drafting agreements, and mediation ethics. Although designed with the law student and family lawyer in mind, the course also is an ideal training and specialization opportunity for therapists and other social service professionals. This course emphasizes experiential learning with the opportunity for individual feedback from experienced coaches.

Faculty: Aimee Gourlay, Executive Director, Mediation Center and Susan Mainzer, Dispute Resolution Consultant

July 8, 9, 10, 11 (4:30 – 9:30 p.m.); July 13 (8:30 a.m. – 5:00 p.m.)

Court systems around the United States are designing and implementing ODR systems as quickly as possible. Although ODR has been available for several decades as an alternative dispute resolution (ADR) process offered by private companies, state and local governments now are making ODR platforms an official part of the court system. Consequently, students must be familiar with ODR. Students will use and critically evaluate different audio, video, and text based technologies that can assist in resolving disputes, will have a “hands on” experience using commercially available dispute resolution software, will study and discuss current literature concerning technology mediated dispute resolution, will resolve simulated disputes using ODR, and will interact with internationally recognized ODR experts using video technology. Professor Larson is currently the System Designer for the ODR platform that is being integrated into the New York State Unified Court System and a National Center for Technology and Dispute Resolution Fellow.

Faculty: Professor David Larson, Professor of Law and John H. Faricy Jr. Chair for Empirical Research, Mitchell Hamline School of Law

July 15, 16, 17, 18 (4:30 – 9:30 p.m.); July 20 (8:30 a.m. – 5:00 p.m.)

This course explores the private resolution of workplace and employment discrimination (EEO) disputes arising in the private, public and government sectors. Starting with a review of the historical and legal contexts, the course will discuss theories of workplace mission, employee diversity, organizational justice, power imbalances, and ADR ethics. The course will provide a focused emphasis on negotiation, mediation, labor arbitration, and employment arbitration. Discussion will include the effectiveness of federal ADR programs such as EEOC Resolve, Postal Resolve, NRC, DOE, and FINRA.
The course is highly interactive with significant time in customized role plays reflecting workplace conflicts and integrated conflict management systems. The course will conclude with exploration of career opportunities for workplace facilitators, mediators, and arbitrators.

Faculty: Richard Fincher, Instructor of Workplace Dispute Resolution, Scheinman Institute on Conflict Resolution, Cornell University

July 22, 23, 24, 25 (4:30 – 9:30 p.m.); July 27 (8:30 a.m. – 5:00 p.m.)

This foundation course covers the salient points of U.S. arbitration law as it relates to domestic and international matters. The course curriculum begins with an introduction to the basic legal concepts that make up arbitration law and to the institutions that are central to arbitration practice. Consideration of the Federal Arbitration Act follows, along with a systematic treatment of the role of contract in arbitration and the function of subject matter inarbitrability. Problems relating to the enforcement of arbitral awards, the role of the arbitrator (focusing on the arbitrator’s functions, duties, and responsibilities), and other practice issues are examined. The basic facets of international commercial arbitration also are introduced. Through lectures, demonstrations, discussions, and simulations, this interactive curriculum is designed to foster effective use of contemporary arbitral processes.

Faculty: Professor Allen Blair, FCIArb., Robins Kaplan Distinguished Professor of Law, Mitchell Hamline School of Law