Summer 2023 Institute

Asynchronous Online courses

• Justice and Dispute Resolution | May 21 – July 1, 2023
  2 law school credits
  24 MN Rule 114 continuing education credits

  Faculty:  Joseph “Josh” Stulberg, Co-Director, Divided Community Project;  Emeritus Moritz Chair in Alternative Dispute Resolution, Ohio State University

  Conflicts are inescapable, be they commercial, employment, familial or interpersonal. In some roles, we find ourselves helping others resolve disputes as their negotiating representative, as a mediator, or as an arbitrator; in other roles, our responsibility is to design an organizational process or program that serves as the forum for resolving disputes. Whichever “private system of justice” we design or use, its desirability and enforceability is always compared with and linked to the “public justice system.” Chief Justice Warren Burger, at the 1976 Pound Conference, famously encouraged judges, lawyers and business leaders to embrace the robust use of ADR processes in order to help all citizens secure access to justice systems and to achieve justice. More than 50 years later, that call, for some persons, remains urgent and desirable; for others, it abandons the fundamental norms and protections of our constitutional order. This course, through discussion, exercises, and simulations, examines the structural values that shape private (ADR) and public dispute resolution processes, the professional values that govern participant conduct within them, and the policy goals that influence process implementation.

• Organizational Conflict Management | July 2 – August 12, 2023
  2 law school credits
  24 MN Rule 114 continuing education credit

  Faculty: Aimee Gourlay, Collaboration Services Manager, League of Minnesota Cities Insurance Trust.

  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.

• • Arbitration Synchronous Online| May 21-25, 2023 
    2 law school credit
    May 21 (8:30 a.m. – 5:00 p.m.) and May 22, 23, 24, 25 (4:30-9:30 pm)
    24 CLE credits applied for; MN Rule 114 certification for civil adjudicative/evaluative neutrals applied for

    Faculty: Henry Blair, FCIArb., Robins Kaplan Distinguished Professor of Law, Mitchell Hamline School of Law; Senior Fellow, Dispute Resolution Institute

    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.

  • Conflict Coaching | June 1-4, 2023
    2 law school credits
    June 1-2 (4:00 – 9:00 p.m.); June 3-4 (8:30 a.m. – 5:00 p.m.)
    24 CLE credits applied for; 24 MN Rule 114 continuing education credits

    Faculty: Debra Gerardi , RN, MPH, JD, PCC, Executive Coach/Consultant/Conflict Specialist

    The capacity to engage in conflict is an essential skill for leaders, managers, and teams in all organizations. Developing this capacity requires self-awareness, reflection, self-management, and the relational intelligence to work through tensions that arise in the normal course of working side-by-side with others. Conflict specialists must also have this capacity in order to assist others in moving through conflict situations.

    An effective means of helping others to develop the capacity to engage with one another is through the use of coaching. Coaching is defined by the International Coaching Federation as: “partnering with clients in a thought-provoking and creative process that inspires them to maximize their personal and professional potential.” The use of coaching is growing as a means of assisting single parties, groups, and teams to intentionally assess and move through conflict and strengthen working relationships. Coaching skills can be embedded into existing professional roles to facilitate behavior change and enhance professional maturation. Professional coaching can also be provided as a distinct service within a broader professional practice portfolio.

    Conflict coaching can be used as an adjunct or alternative to mediation and facilitation and as a supplement to teambuilding and training programs to assist with the transfer of learning to the work environment. Conflict coaching can also be integrated into a professional coaching practice working with executives, leaders and teams to better address conflict dynamics within organizations.

    This course will introduce students to the fundamentals of coaching and applications of coaching skills to conflict situations. The course will provide students with an overview of professional coaching practice and how conflict coaching can serve as a means of assisting individuals, leaders, and teams to move through complex conflict dynamics.

    This course is experiential, and students will practice core coaching competencies while reflecting on and growing their own capacity to better understand the habits and patterns that impact the ability to engage with others. Various models will be incorporated for framing the use of coaching including: Bridges Transitions Model, Theory-U, Self-As-Coach, Complex Adaptive Systems, Karpman Drama Triangle, and Horizontal and Vertical Adult Development. Students will be required to keep a reflective practice journal and submit a paper applying a coaching approach to a real-world scenario.

  • Mediation | June 4-11, 2023
    3 law school credit
    June 4, 10, 11 (9:00 a.m. – 5:00 p.m.); June 5, 6, 7, 8 (5:00 – 9:30 p.m.)
    35 CLE credits applied for; MN Rule 114 certification for civil facilitative/hybrid neutrals applied for

    Faculty: Lela Love, Professor of Law, Founding Director, Kukin Program for Conflict Resolution, Director, Cardozo Mediation Clinic

    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.

  • Decision Making in a Chaotic Reality and Challenging Conversations 
    Variable 2-3 law school credit options (3-credit option has additional skills building component)
    2 credit option: June 10-14, 2023 | June 10-11 (9:00 a.m. – 5:00 p.m.); June 12, 13, 14 (4:30 – 9:30 p.m.)
    3 credit option: June 10-17, 2023 | June 10, 11, 17 (9:00 a.m. – 5:00 p.m.); June 12, 13, 14, 15 (4:30 – 9:30 p.m.)
    24 CLE credits applied for; 24 MN Rule 114 continuing education credits

    Faculty: Michael Tsur, Founder and Director, Shakla and Tariya, Israel; Senior Fellow, Dispute Resolution Institute, Mitchell Hamline School of Law; Member of the Israeli Defense Force Hostage Negotiation Unit

    Professionals in today’s chaotic world must develop the skills necessary to handle those inevitable situations in which external events intrude upon, and interfere with, the professionals’ abilities to make clear and appropriate decisions. These situations of uncertainty can easily deteriorate into crises. If not handled correctly, they also can cause irreversible damage to relationships. In order to be effective in such situations, conflict professionals must possess the capacity to collect, assess and adapt new and changing information. They must also develop their creative capacities and vision to take into account and address the consequences for the future (”the day after”). In addition, professionals must be proficient in tackling challenging conversations. Using the most contemporary tools and methodologies for creative problem solving, students will develop the skills needed for making good decisions in a chaotic reality. Mastering these skills offers the possibility of negotiation success even when your negotiating partners do not share your aspiration to collaborate.

  • Theories of Conflict | June 24-29, 2023
    2 law school credits
    June 24 (9:00 a.m. – 5:00 p.m.); June 26, 27, 28, 29 (4:30 – 9:30 p.m.)
    24 CLE credits applied for; 24 MN Rule 114 continuing education credits

    Faculty: Ken Fox, Professor, Hamline University School of Business; Senior Fellow, Dispute Resolution Institute, Mitchell Hamline School of Law

    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.

    Note: There is a $100 student fee assessed for course materials.  No other book is required.

  • Family Mediation | July 8-13, 2023
    3 law school credits
    July 8, 9, 10, 11, 12, 13 (9:00 a.m. – 5:00 p.m.)
    35 CLE credits applied for; MN Rule 114 certification for family mediation facilitative neutrals applied for

    Faculty:  Jana Deach, Attorney, Moss & Barnett

    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.

  • Negotiation | July 17-24, 2023
    3 law school credits
    July 17, 18, 19, 20, 24 (4:30 – 9:30 pm); July 22-23 (9:00 a.m. – 5:00 p.m.)
    35 CLE credits applied for; 35 MN Rule 114 continuing education credits

    Faculty:  James Coben, Senior Fellow, Dispute Resolution Institute , Professor of Law

    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.

  • Cross-Cultural Dispute Resolution | July 30 – August 3, 2023
    2 law school credits
    July 30 (8:30 a.m. – 5:00 p.m.); July 31 & August 1, 2, 3 (4:30 – 9:30 p.m.)
    24 CLE credits applied for; 24 MN Rule 114 continuing education credits

    Faculty:  Michelle LeBaron, Professor of Law, Peter A. Allard School of Law, University of British Columbia

    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