Dispute Resolution
Summer Institute

Summer 2021 Online Courses

• Justice and Dispute Resolution | May 23 – July 3
  2 – 3 law school credits (3-credit includes long paper option)
  Qualifies for 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 4 – August 14
  2 law school credits
  Qualifies for 24 MN Rule 114 continuing education credit
  Faculty: Aimee Gourlay, Executive Director, Mediation Center

  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 | May 19-25
                2 law school credits (3-credit long paper option available to MHSL JD students)
                May 19, 20, 24, 25 (4:30–9:30 pm) and May 22 (8:30 am–5:00 pm)
                Qualifies for 24 CLE credits; satisfies MN Rule 114 certification standard for civil adjudicative/evaluative neutrals

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

                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.

              • Family Mediation | June 3-9
                3 law school credits
                June 3, 4, 5, 7, 8, 9, (9:00 am–5:00 pm)
                Qualifies for 40 CLE credits; satisfies MN Rule 114 certification standards for family mediation facilitative neutrals

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

                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.

              • Bridging and Bonding: The Power and Practice of Dialogue (June 5-6)
                1 law school credit
                June 5-6 (9:00 am–5:00 pm)
                Qualifies for 12 CLE credits; Qualifies for 12 MN Rule 114 continuing education credit

                Faculty: Robert R. Stains, Jr., M.Ed. is the Principal of Bob Stains and Associates Conflict Transformation

                Constructive conversations about divisive issues are often in short supply in the US today, especially where the issues touch on differences of identity, values, religion and fundamental worldviews. Patterns of dysfunctional discourse have corroded relationships in families, organizations and society at large, preventing people from living and working together in the most beneficial ways. This class will explore the theory and practice of Reflective Structured Dialogue (RSD), an approach to deep identity differences with roots in family therapy, communications theory and interpersonal neurobiology. Created in 1989 by the Public Conversations Project, RSD provides the means for opponents to shift their communication practices and change their relationships while retaining their passionate perspectives. It has been refined in conflicts over abortion, sexual orientation, gender, social class, religion and race as they present in organizations and in society at large in the US, Nigeria, Liberia, Burundi, Mexico, The Philippines and many other countries.

                We will examine the theory roots of dialogue in general and RSD in particular. Students will learn the fundamental components of dialogue practice through study and in-class experience. Learning modalities will also include lectures, readings, case studies and video clips. Special emphasis will be given to achieving clarity of purpose, preparing participants in advance, and using structure and agreements to prevent in-meeting problems and enable people to speak and listen in fresh and constructive ways.

              • Theories of Conflict | June 7-12
                2 law school credits
                June 7, 8, 9, 10 (4:30-9:30 pm) and June 12 (8:30 am-5:00 pm)
                Qualifies for 24 CLE credits; Qualifies 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.

                The course fee is $100, to cover the cost of the copyright for the electronic course reader. There is no additional textbook required for this course.

              • Restorative Justice | June 14-19
                2 law school credits
                June 14, 15, 16, 17 (4:30-9:30 pm) and June 19 (8:30 am-5:00 pm)
                Qualifies for 24 CLE credits; Qualifies for 24 MN Rule 114 continuing education credit

                Faculty: Kay Pranis, National Leader in Restorative Justice

                Restorative Justice offers a refreshingly different framework for thinking about crime and other wrongdoing.  Increasingly it is being called on as a practice to address non-criminal forms of conflict and harm that lead to deeply divided disputes in civil society.  The heart of Restorative Justice is the practice of Restorative Justice Dialogue.  This distinctive form of dialogue acknowledges the damaged relationships, as well as the injuries sustained by victims, that result from any wrongdoing and focuses on healing for all those involved.  Rather than the adversarial approach commonly found in criminal and civil adjudicatory proceedings, the practice of Restorative Justice Dialogue involves engagement of those harmed, those causing harm and the community for the purpose of social healing in a way that can lead to recovery of our shared humanity in the midst of conflict, crime and harm. This course offers students an opportunity to study the four leading forms of Restorative Justice Dialogue practice: (1) Victim-Offender Dialogue (formerly called Victim-Offender Mediation); (2) Group Conferencing (sometimes called Family Group Conferencing); (3) Talking Circles (sometimes called Peacemaking Circles); and (4) Truth Commissions.  The course will examine the principles underlying these forms of Restorative Justice Dialogue practice and explore the possibilities they offer to move beyond the limits of a retributive sense of justice toward embracing the importance of social healing in the community including the potential they have to encourage reform of judicial systems, to address disputes beyond the criminal justice system and to advance racial justice. The course will also explore the application of these processes in schools, workplaces, faith communities and families. Students will be invited to draw on their own experience of conflict as they explore the dynamics of different kinds of conflict.  The class will be highly experiential in nature with the practice of the talking circle serving as a core modality for class discussion.

              • Negotiation | June 17-26
                3 law school credits
                June 17, 21, 22, 23, 24 (4:30-9:30 pm) and June 19 & 26 (8:30 am-5:00 pm)
                Qualifies for 24 CLE credits; Qualifies for242 MN Rule 114 continuing education credit

                Faculty: Ken Fox, Professor, Hamline University School of Business: Senior Fellow, Dispute Resolution Institute, Mitchell Hamline School 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 10-15
                2 law school credits
                July 10 (8:30 am-5:00 pm) and July 12, 13, 14, 15 (4:30-9:30 pm)
                Qualifies for 24 CLE credits Qualifies for 24 MN Rule 114 continuing education credit

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

                This course examines how cultural differences affect interpersonal, intergroup and international disputes, and how cultural fluency can improve intervention processes and outcomes. Via short lectures, experiential exercises, dialogues and case studies, we will deepen our capacities to effectively address disputes with intercultural dimensions. We will examine the influence of culture on problem-solving processes, building cultural fluency by enhancing awareness and knowledge of our own cultural lenses; learning ways to discern and respond to parties’ cultures; and examining cultural assumptions built into mediation and negotiation processes themselves. Participants will develop culturally-fluent tools for intervention, and strategies for interculturally-responsive process design and adaptation. This course will help students to deepen their cultural fluency and emerge better equipped for effective participation in dispute resolution processes that increasingly involve diverse languages, customs, values, nationalities and worldviews.

              • Alternative Dispute Resolution of Employment Disputes | July 12-17
                2 law school credits
                July 12, 13, 14, 15 (4:30-9:30 pm) and July 17 (8:30 am-5:00 pm)
                Qualifies for 24 CLE credits Qualifies for 24 MN Rule 114 continuing education credit

                Faculty: Richard Fincher, Mediator and Arbitrator, Workplace Resolutions LLC

                This course explores the resolution of workplace disputes arising in the private, public, and federal sectors. Starting with a review of the historical and legal contexts, the course will initially discuss theories of workplace mission, employee diversity, organizational justice, power imbalances, and ADR ethics. The course continues with a focus on negotiation, conflict management systems, mediation, Ombuds, labor arbitration, and employment arbitration. Discussion will include federal workplace ADR programs such as EEOC Resolve, Postal Resolve, NRC mediation, and FINRA employment arbitration.

                The course is highly interactive with customized role plays reflecting traditional and emerging workplace conflicts, including covid disputes. The course will conclude with exploration of career opportunities for workplace neutrals.

              • Mediation | July 19-26
                3 law school credits
                July 19, 20, 21, 22, 26 (4:30-9:30 pm) and July 24, 25 (8:30 am-5:00 pm)
                Qualifies for 36 CLE credits. satisfies MN Rule 114 certification standards for civil facilitative/hybrid neutrals

                Faculty: Alyson Carrel, Clinical Assistant Professor and Co-Director, Center on Negotiation and Mediation, Northwestern University School of Law

                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.

              • The Expanding Role of Organizational Ombuds | July 24-29
                2 law school credits
                July 24 (8:30 am-5:00 pm) and July 26, 27, 28, 29 (4:30-9:30 pm)
                Qualifies for 24 CLE credits; Qualifies for 24 MN Rule 114 continuing education credit

                Faculty: Giuseppe De Palo, International Professor of ADR Law and Practice; Senior Fellow, Dispute Resolution Institute, Mitchell Hamline School of Law

                Organizational ombuds professionals work in all types of organizations. Ombuds advocate for the principles of fairness and equity in solving disputes within a given organization, and they do not represent any side in a dispute.  Ombuds also work as a change agents within an organization. This course will provide a thorough introduction to the ombuds profession, including the history, theory, and benefits of the different types of ombuds roles.  Students also will have the opportunity to develop ombuds skills, including:  active listening, appropriate questioning, clarifying, generating options, negotiation, and shuttle diplomacy.

            2021 Summer Application  

            Course Requirements

            Students must attend all class sessions and complete an advance reading assignment. Degree-seeking students must submit a written paper. Students may take one or more courses. Mitchell Hamline law students may take either the Mediation or Family Mediation course but may not take both for academic credit. Enrollment is limited to enhance the interactive nature of each course.

            Course Materials

            Syllabi for all courses will be made available 1 month prior to the first day of class.

            Registration

            Certificate Students: Complete the online application.

            Law and Graduate Students: Degree-seeking law or graduate students currently enrolled in an accredited graduate program should complete the online application form. A letter from their school’s registrar reflecting the applicant’s status as a student in good standing with permission to take the Mitchell Hamline course(s) as a visiting student will need to be uploaded. Note: Hamline MSL students do not need a letter of good standing from the registrar.

            Attorneys: Attorneys may apply for summer courses by completing the online application form. Attorneys will be granted special student status.

            Others: Other professionals may apply to take summer courses by completing the online application form. To be considered, applicants must furnish a transcript indicating completion of an undergraduate or graduate degree.

            Tuition

            Audit: $650/credit.  Exception: For the courses that qualify for MN Supreme Court Rule 114 Certification which are offered at a flat rate as follows:

            • • • Arbitration: $800
                • Mediation and Family Mediation: $1,200

            Certificate students: $930/credit

            Full tuition due 1 week prior to the start of the course.

          • For further information on tuition costs, contact Kitty Atkins | 651.695.7677 | kitty.atkins@mitchellhamline.edu
            

            Housing

            Information regarding housing is available upon request.  Check the appropriate box on the application form to receive this information.

            Questions

            Contact kitty.atkins@mitchellhamline.edu | 651.695.7677