CSDR-LL.M. E-newsletter Archives

Vol. 2, Issue 27 - March 22, 2002

What's Inside:

CSDR / LL.M. PROGRAM NEWS

DID YOU MISS US?
There was no e-newsletter last week because of e-mail problems at MU. There will not be an e-newsletter next week because of spring break, so the next issue will be distributed on April 5.

THE LL.M. PROGRAM RECEIVES TWO GIFTS ... AND WELCOMES MORE
Recently the Law School received a $200,000 gift from the estate of MU grad Rankin M. Gibson ('39) to establish a scholarship fund for LL.M. students. Gibson served on the Ohio Supreme Court and various government agencies and he taught at the University of Toledo Law School and Capital University Law School. Much of his career in private practice was as a labor arbitrator and mediator. The Law School will hold the principal and use the income for scholarships for LL.M. students. The full amount of annual income will be available for the 2003-04 academic year. We are grateful to Mr. Rankin and his family and to Interim Dean Ken Dean for securing this gift.

LL.M. grad Patrick Pinkston ('01) recently came back to visit us in Columbia and made a $1,000 gift as an expression of his appreciation for his education in our Program. Thanks very much, Patrick.

If you might like to make a gift to the LL.M. Program, please get in touch with John Lande at 573-882-3914 or landej@missouri.edu

PROF. CHRIS GUTHRIE PUBLISHES ARTICLE ON FACILITATIVE MEDIATION AND LAWYERING
This is a belated notice of an article by Chris Guthrie entitled "The Lawyer's Philosophical Map and the Disputant's Perceptual Map: Impediments to Facilitative Mediation and Lawyering," 6 Harvard Negotiation Law Review 145 (2001). In that article, he argues that mediation is unlikely to be a purely facilitative process as long as lawyers serve as mediators and that law schools should teach law students not only to "think like a lawyer" but also to "feel like a lawyer."

PROF. JENNIFER ROBBENNOLT GAVE A PRESENTATION ON APOLOGIES IN CIVIL CASES
Jennifer Robbennolt recently gave a presentation entitled "The Effect of Apologies on Settlement Negotiation in Civil Cases" at the 2002 Biennial Program of the American Psychology-Law Society in Austin, Texas.

LL.M. ADMISSIONS COMMITTEE DECISIONS ON FALL 2002 CLASS
The LL.M. Admissions Committee met this week and made decisions for this fall's class. The Committee has admitted eleven full-time and three part-time students into next year's class so far. The Committee is continuing to review applications and so the size and composition of next year's class has not been determined finally. We can say that this class, like its predecessors, will be an exciting group of students bringing a rich and diverse set of experiences. Watch this space for more information about the new class in future editions of the e-newsletter. We welcome into our LL.M. "family" the newly admitted students who are now starting to receive this e-newsletter.

BRAD REICH WILL PUBLISH ANOTHER ARTICLE
Brad Reich ('01) will publish an article in the Spring 2002 issue of the Southern Illinois University Law Review entitled "Attorney v. Client, Creating a Mechanism to Address Competing Process Interests in Lawyer Driven Mediation." The article argues that different process variables affect attorney and client satisfaction. Attorneys appear to be most satisfied with a largely evaluative model which focuses on settling monetary issues, reducing costs, and increasing likelihood of settlement. In contrast, clients appear to gain the most process satisfaction from the opportunity for self-expression, communication, and control over outcome. To address both interests, the article proposes a two-stage model called "Med-Rec" in which mediation is followed by a non-binding neutral recommendation in the event of impasse. This article is based on a paper Brad wrote for an LL.M. course.

LEGAL EDUCATORS' COLLOQUIUM AT ABA CONFERENCE WILL FEATURE LYNN MALLEY'S SIMULATION
The Legal Educators' Colloquium at the annual conference of the American Bar Association's Section of Dispute Resolution will include Lynn Malley's ('02) simulation, "When Cultures Clash," in this year's collection of exercises for their "Lawyer as Problem-Solver" project. (Because of time constraints at the conference, this simulation will probably not be featured in the Saturday morning workshop session.) Students in the Advanced Dispute Resolution Practice class got an opportunity to enact that exercise last week. Last year, the Colloquium featured materials by MU Professors John Lande, Sylvia Lazos, and Maria Pabon Lopez and LL.M. student Kathleen Murphy ('02). The Colloquium is co-sponsored by the ABA's DR Section and the Association of American Law Schools.

APRIL PROCLAIMED MEDIATION MONTH IN MISSOURI
On March 18, 2002, Governor Bob Holden proclaimed April to be Missouri Mediation month. Lynn Malley ('02) attended the ceremony as President-elect of the Association of Missouri Mediators. A copy of the proclamation is on the bulletin board in 206 Hulston.

REMINDER: REPRESENTATION IN MEDIATION COMPETITION AT THE ABA CONFERENCE
MU JD students Rhiana Sharp and Michael Foster will compete at the national Representation in Mediation Competition at the annual conference of the American Bar Association’s Section on Dispute Resolution in Seattle. The semifinals will be on Wednesday, April 3 and the finals will be on Thursday, April 4 and are open to the public. Good luck, Michael and Rhiana!

VIDEOTAPE OF JULIE MACFARLANE PRESENTATION IS AVAILABLE AT THE LAW SCHOOL LIBRARY
We videotaped Prof. Julie Macfarlane's presentation last month, which was entitled "Settlement Without Tears? How Mediation and Collaborative Lawyering Are Challenging Traditional Models of Legal Negotiation." It was a terrific session, including exercises featuring LL.M. students Roger Carter, Lynn Malley, Anita Mortimer, Angel Pagan, and Paula Young. The presentation used the same case to illustrate differences between unmediated negotiations between lawyers, collaborative lawyering, and mediation. The tape is about 100 minutes and is available at the reserve desk in the Law School Library for seven days at a time.

Copies of Prof. Macfarlane's articles are also on reserve at the library including:

  • Culture Change? Commercial Litigators and the Ontario Mandatory Mediation Program
  • Why Do People Settle?
  • Assessing the "Reflective Practitioner": Pedagogic Principles and Certification Needs
  • Teacher Power in the Law School Curriculum
  • Using Problem-Based Learning to Teach First-Year Contracts
  • The New Advocacy: Implications for Legal Education and Teaching Practice
  • When Cultures Collide
  • Mediating Ethically: The Limits of Codes of Conduct and the Potential of a Reflective Practice Model
  • What do Changing Cultures of Dispute Resolution Mean for Legal Education?

CONFERENCES / RESOURCES / CONTESTS

FEDERAL GOVERNMENT ADR WEB SITE
The Federal government's ADR web site, www.adr.gov, recently added a listserv feature. By subscribing to the listserv, subscribers can keep up-to-date on developments in Federal ADR. The web site also contains numerous resources regarding federal ADR, including a report to the President, guidance on confidentiality and other topics, texts of relevant laws, resource manuals, lists of agency contacts, and information about activities of the Interagency ADR Working Group chaired by the Attorney General.

IOWA MEDIATION SUMMIT FEATURES FORREST "WOODY" MOSTEN
DES MOINES, IA, APRIL 11-12 The Iowa Association for Dispute Resolution is presenting the 2002 IADR Conference, featuring Forrest "Woody" Mosten. Woody is the founder of the Mosten Mediation Centers, which operate in 26 states. He spent the last twenty years building the practice of mediation and he will share his experience in how to connect mediators, the legal profession, and the public. The registration deadline is April 1. See the binder in 206 Hulston for details.

RELIGION AND CULTURE CONERENCE
NEW YORK, NY, APRIL 20-21 The Institute of Advanced Theology at Bard College is presenting an International Conference on Conflict Resolution, "A Dialogue Among Cultures And Religions," at the Union Theological Seminary in New York City. For information, contact Parviz Morewedge at pmorewed@binghamton.edu or call (607) 777-4495; (607) 722-4908; (212) 679-6410.

INTERNATIONAL COUNCIL FOR ARBITRATION 16TH CONGRESS
LONDON, ENGLAND, MAY 12-15 The International Council for Commercial Arbitration will hold its 16th Biennial Congress in London, May 12-15. For more information, see www.icca-2002.org.

GUARDIANSHIP / CAREGIVER MEDIATION TRAINING
ANN ARBOR, MI, JUNE 2-4 The Center for Social Gerontology presents its Sixth Annual Adult Guardianship Mediation Training June 2-4, 2002 in Ann Arbor, Michigan, including presentations on caregiver mediation. A description of the program and registration information are at www.tcsg.org/med.htm.

DEADLINE EXTENDED FOR PAPERS: U MASS CONFLICT STUDIES CONFERENCE
BOSTON, MA, OCT. 25-26 The Graduate Programs in Dispute Resolution at the University of Massachusetts, Boston is hosting a conference designed for graduate students to present and share ideas, network with prominent scholars and build community in the developing field of conflict and conflict resolution. Students currently enrolled in doctoral, master's, law, or graduate certificate programs are encouraged to submit proposals. Proposals were due March 15. That deadline has been extended to Friday, March 29. For more information see www.disres.umb.edu or call (617) 287-7421.

CALL FOR PROPOSALS; PEACEWEB, ATLANTA CONFERENCE / EXPO
ATLANTA, GA, APRIL 3-7, 2003 PeaceWeb, formerly NCPCR, will hold a conference in Atlanta, April 3-7, 2003, with the theme "Weaving the Future of Peacemaking." and invites proposals for the conference. The proposal deadline is July 15, 2002. For details, see the binder in 206 and to submit proposals online see www.apeacemaker.net/call_proposal.asp.

PEACEWEB CONTINUES PRACTITIONER SCHOLARS WRITING PROJECT
PeaceWeb, formerly NCPCR, is continuing its Practitioner Scholars Writing Project (PSWP), a program that focuses on peacemakers of color who are interested in writing and publishing. PSWP held its first retreat in December 2001 for people to get to know one another and explore their individual needs. The next retreat will be in Puerto Rico in early May. For more information, see www.apeacemaker.net call Program Director Sharon Bailey at (215) 651-8089 or e-mail her at spb2@apeacemaker.net