Summer Institute

Summer 2020 Online Courses

• Justice and Dispute Resolution
  2 law school credits | May 17 – June 27

  Faculty: Professor Joseph “Josh” Stulberg, Professor Emeritus and Emeritus Moritz Chair in Alternative Dispute Resolution, Ohio State University Moritz College of Law

  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.

• Theories of Conflict
  2 law school credits | May 17 – June 27
  

  Faculty: Professor Ken Fox, Hamline University School of Business

  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.

• Mediation
  3 law school credits  | May 31 – July 25
  

  Faculty: Professor James Coben , Senior Fellow, Dispute Resolution Institute, Mitchell Hamline 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.

• Negotiation
  3 law school credits | May 31 – July 25
  

  Faculty: Professor Sharon Press, Director, 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.

• Organizational Conflict Management
  2 law school credits | June 28 – August 8

  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
  2 law school credits | June 28 – August 8
  

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

  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.