CSDR-LL.M. E-newsletter Archives

Vol. 5, Issue 1 - August 27, 2004

What's Inside:


This year the LL.M. Program will have 23 students including 9 full-time students, 4 new part-time students, and 10 continuing part-time students. This is another very experienced, talented, exciting, and diverse group of people. Again we have students from around the world including new students from Brazil, South Africa, and Venezuela. Biographies of this year’s class are at http://www.law.missouri.edu/llmdr/current_students.htm. Welcome all!

Paul Ladehoff joined the CSDR in August as the coordinator of training and director of the MU Campus Mediation Service. Paul is an honors graduate of the University of Nebraska College of Law and served as a trial attorney in the Environmental Defense Section of the U.S. Department of Justice, Environment and Natural Resources Division. An experienced mediator and mediation trainer, Paul came to MU from his position as associate director of the Mediation Center in Lincoln, NE. Paul succeeds Art Hinshaw (’00) who became the director of the Lodestar Dispute Resolution Program at the Arizona State University College of Law.

Robert G. Bailey was selected to serve as a salary arbitrator for seven cases for Major League Baseball and was appointed as an arbitrator for the National Rural Letter Carriers. Bailey attended the National Academy of Arbitrators meeting in Las Vegas, where he moderated a panel discussion on the Clark County (Nev.) School Board and participated as a member of the strategic planning and membership committees. He was appointed to the statewide Fee Dispute Resolution Committee by the Board of Governors of The Missouri Bar. During his four-year term, he will serve with a group composed of four lawyers and three other professionals who oversee the work of approximately 100 volunteer lawyers and other professionals. These volunteers investigate complaints by clients who feel they have been charged unfairly by a lawyer and provide mediation and arbitration services at no cost to help resolve fee disputes.

Philip J. Harter was invited to testify before the Subcommittee on Commercial and Administrative Law of the U.S. House of Representatives Committee on the Judiciary concerning the reauthorization of the Administrative Conference of the United States (ACUS). ACUS, a small agency responsible for making recommendations concerning the improvement in the way the federal government functioned, served as a forum in which government agencies and experts in the private sector could discuss common issues and ways to implement regulatory requirement. Congress abolished the agency in 1996 by refusing to appropriate funds for it. Harter strongly urged that Congress resurrect ACUS and provide the resources that would enable it to fulfill its original mission. He testified in June that "a permanent entity such as a renewed ACUS is needed that can be devoted to solving the problems of excess costs, delays and burdens that are imposed on the agencies and upon the public by inadequate, inefficient and duplicative government processes."

Also this summer, Harter taught at the School of Law’s program at the University of the Western Cape in Cape Town, South Africa. His course, Alternative Dispute Resolution and Government, explored the practical questions involved in using ADR to resolve government disputes.

John Lande was elected to the Council of the ABA’s Dispute Resolution Section, which is the Section’s policymaking body. In August, the Council adopted a "Resolution On Good Faith Requirements For Mediators And Mediation Advocates in Court-Mandated Mediation Programs," which Lande helped draft and which prominently quotes his article, Using Dispute System Design Methods to Promote Good-Faith Participation in Court-Connected Mediation Programs, 50 UCLA Law Review 69 (2002). The resolution is available at http://www.abanet.org/dispute/webpolicy.html. He co-chairs the Program Committee planning the Section’s annual conference, which will take place in Los Angeles next April. He also was appointed to the Steering Committee of the Family Law Education Reform Project, which is co-sponsored by the Association of Family and Conciliation Courts and Hofstra Law School’s Center for Children, Families and the Law.

Lande published "‘The Vanishing Trial’ Report: An Alternative View of the Data," 10 Dispute Resolution 19 (Summer 2004) and he continued work on collaborative law including publication of "Fitting the Forum to the Family Fuss: Choosing Mediation, Collaborative Law, or Cooperative Law for Negotiating Divorce Cases" (with Gregg Herman) 42 Family Court Review 280 (2004). (Both of these articles are posted on his web site at http://www.law.missouri.edu/lande/.) This summer he gave presentations on collaborative law at meetings of the Missouri Chapter of the Association of Family and Conciliation Courts and the Boone County Bar Association.

Margaret E. "Peggy" McGuinness was named a 2003-2004 Faculty Fellow by MU’s European Union Center, which is one of only 12 such centers in the United States. In May, McGuinness participated by invitation in the Association of American Law Schools’ Conference in Hawaii on Educating Lawyers for Transnational Challenges. This conference of legal educators from around the world was aimed at addressing the impact of globalization on legal education. Her paper, "Teaching Transnational Law: A View from the Heartland," discussed the importance of teaching international perspectives across the curriculum and communicating to students the relevance of transnational legal issues to their future practice. The conference resulted in a resolution to create an international association of law schools. In June, McGuinness participated in a one-week interdisciplinary faculty development seminar in Freiburg, Germany, on the subject of U.S.-European Relations: Post 9/11, Post-Iraq.

Jennifer K. Robbennolt was named Associate Dean for Faculty Research and Development at the School of Law, effective Sept. 1. She continues to publish and present research on the role of apologies in settlement decision-making. She published a summary of her recent Michigan Law Review article about apologies and settlement in the spring issue of Dispute Resolution Magazine. During the spring semester, she gave presentations on various facets of her work at the University of Nevada-Las Vegas School of Law, at a Medical Error Communication and Dispute Resolution conference in Philadelphia, and at the annual meetings of the Law and Society Association, the American Psychological Society and the American Psychological Association.

Robbennolt joined School of Law professors Leonard L. Riskin, James E. Westbrook, Richard C. Reuben and the late Timothy J. Heinsz, and former School of Law professor Christopher P. Guthrie, to write the third edition of Dispute Resolution and Lawyers.

LL.M. student Maureen Dickmann was quoted in an August 20, 2004 article in the Columbia Missourian. The article entitled, "Preachers Walk a Fine Political Line", discusses how pastors and churches approach the upcoming election. Maureen is the pastor at the Rock Bridge Christian Church.


On Friday, Sept. 10 the Missouri Chapter of the Association of Family and Conciliation Courts is offering a St. Louis Area Fall Half Day Seminar from 8:30 am to 1 pm, "Therapists’ Work with Families Who Are in Custody Disputes: Defining Roles and Debunking Myths about Family Court Processes." The seminar will be at the Brentwood Community Center, 2505 South Brentwood Blvd. For more information, e-mail Andrea Clark or Ellen Cowell, or call (314) 615-8094 or (314) 615-8752.

MISSOURI BAR ADR CONFERENCE OCT. 15, COLUMBIA, MO The Missouri Bar ADR Conference will be held on Oct. 15 in Columbia, MO.

ASSOCIATION OF MISSOURI MEDIATORS CONFERENCE OCT. 16, COLUMBIA, MO The Association of Missouri Mediators Conference on the Uniform Mediation Act will be held Oct. 16 in Columbia, MO. For more information, see the web site or contact Kathleen Bird.

W.A.M. MEDIATION JOURNAL SEEKS ARTICLES The Wisconsin Association of Mediators publication The Mediation Journal is soliciting article submissions. Any article concerned with all aspects of mediation and dispute resolution are welcome. Articles should contribute to the understanding and/or advancement of the theory and practice of mediation and dispute resolution. Submission deadline: Oct. 1. For more information on how to submit your article see the binder in 206 Hulston.

W.A.M. OFFERS CHARLES "CHIC" NICHOL ESSAY AWARD In remembrance of exceptional contributions made to the mediation profession and to the Wisconsin Association of Mediators by Charles "Chic" Nichol, an award in his name recognizes an outstanding article on the practice of mediation. Award submissions will be judged on originality and unique contribution to the mediation field. The winning submission will be published as the lead article in The Mediation Journal. The author of the winning article will receive a $500 cash award. Submission procedures are noted in the binder in 206 Hulston. Submission deadline: Oct. 1.


UNIVERSITY OF MISSOURI-COLUMBIA SCHOOL OF LAW The University of Missouri-Columbia School of Law seeks applications and nominations for the Gibson Missouri Endowed Professorship. The position is not restricted to any field of law and must be filled from outside the campus. Nominees should have a national reputation for distinguished scholarship or, in the case of less senior faculty, have demonstrated the promise of national eminence. In addition, the Law School seeks applications for a tenure-track associate professor. Either of these positions could be combined with the directorship of the Center for the Study of Dispute Resolution, depending upon the background and interests of the applicant. For more information about applying on both positions, see http://web.missouri.edu/%7Efacjobs/law/index.html. Review of applications will begin on Sept. 1 and will continue until a suitable candidate is hired.

TOPEKA, KS The Washburn University School of Law invites nominations and applications for the James R. Ahrens Chair in Advocacy and Dispute Resolution. The endowed chair will support a legal scholar with a national reputation for scholarship and superior teaching skills in advocacy or an affiliated area. The University seeks applicants with demonstrated expertise and leadership in ADR. Nominations or applications should be submitted, preferably by Sept. 15, to Bill Rich, Associate Dean for Academic Affairs, Washburn University School of Law, Topeka, KS 66621, (785) 231-1010, ext. 1662, or Bill.Rich@Washburn.edu. For more information see the binder in 206 Hulston.

SOUTH ROYALTON, VT Vermont Law School is seeking a faculty member addressing subject matter needs that include, but are not limited to civil procedure, evidence, ethics, ADR, and commercial law. For more information see the binder in 206 Hulston Hall or e-mail Professor Joan Vogel.

LOS ANGELES, CA The non-profit Dispute Resolution Services, Inc. (a project of the 24,000 member Los Angeles County Bar Association), seeks a director for its ADR Program emphasizing school, youth, and community programs. To apply, e-mail a resume to Los Angeles County Bar Association Associate Executive Director W. Clark Brown.