Summer Institute

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.

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.

May 30-31 | 8:00 a.m. – 5:00 p.m.

Group meetings are ubiquitous in the legal and business world yet rarely is much thought given to the nuts and bolts of how to conduct meetings most effectively. With training and preparation, leaders and participants can dramatically improve group dynamics and decision-making. Facilitation is the art of guiding a group to define its purposes, encourage productive interaction, and achieve its goals. The fundamental theory of group facilitation is that every person in a group is a valuable participant whose voice should be heard and who can play a role in building toward more creative, robust and reliable decision-making. This course will explore the theoretical underpinnings of this model of facilitation through lecture, structured role plays, exercises and group discussions. Students will also learn practical facilitation skills: ascertaining a group’s purpose; structuring a meeting process to meet those ends; encouraging story-telling and dialogue; building consensus; and managing conflict. A blend of philosophy and “how to,” the course is suitable for anyone interested in meetings and group dynamics.

June 1, 2, 3, 4 (4:30 – 9:00 p.m.)

This course challenges students to master key communication and conflict processing skills. Negotiating when we are personally and emotionally involved is one of our greatest challenges. But is it possible not to be involved? Can we check our feelings at the door? Communication skills, like handling challenging conversations, allow negotiation to happen, and help us get back on track when things get stuck. The course methodology is based on the book, Difficult Conversations: How to Discuss What Matters Most, authored by Douglas Stone, Bruce Patton, and Sheila Heen from the Program on Negotiation at Harvard Law School. The course will focus on two skills dimensions: internal skills—the ability to work with your thoughts and feelings before and during a conversation; and external skills—the things we need to say and do in a conversation to help it go better. Mastering these skills offers the possibility of negotiation success even when your negotiating partners do not share your aspiration to collaborate. The course is constructed as an intensive workshop, including group discussions, simulations, and challenging conversations set in a wide variety of contexts.

June 6-7 (8:00 a.m. – 5:00 p.m.);  June 8-9 (4:30 – 9:30 p.m.)

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”). 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.

June 12, 15, 16, 17, 19 (4:30 – 9:30 p.m.); June 13 & 20 (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.

June 22, 23, 24, 25, 26 (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.

July 6, 7, 8, 9 (4:30 – 9:30 p.m.); July 11 (8:30 a.m. – 5:00 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.

July 20, 21, 22, 23, 27 (4:30 – 9:30 p.m.); July 25-26 (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.

July 28, 29, 30, 31 (4:30 – 9:30 p.m.); August 1 (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.