Teaching Collaborative Law

Collaborative practice (in family law and other civil cases) is steadily growing as a better way of conducting difficult negotiations.  Thus far, many collaborative lawyers first learn about this alternative, less hostile, way of resolving conflict after they have already finished their formal law training in school.  This panel will consider ways of teaching collaborative law as either as a stand-alone course or as a segment of another ADR class.  In addition, the panel will focus on currently available texts and other materials for successfully teaching collaborative law.

Kristen Blankley, University of Nebraska School of Law, Lincoln, NE
Sherrie Abney, Southern Methodist University Dedman School of Law, Carrollton, TX
Yishai Boyarin, Hofstra University School of Law, Hempstead, NY
Lawrence Maxwell, Attorney-Mediator-Arbitrator, Dallas, TX


Teaching Mediation Advocacy Inside and Outside the Classroom

Recent graduates have a higher likelihood of representing a client in mediation than actually mediating a dispute.  Yet most law school mediation clinics focus on students in the role of the neutral rather than the advocate.  This presentation shares the experiences of two law schools that successfully developed mediation practicums, one in partnership with a state court and the other in partnership with a federal agency.

Alyson Carrel, Northwestern University School of Law, Chicago, IL
Katheryn Dutenhaver, DePaul University College of Law, Chicago, IL
Teresa Frisbie, Loyola University Chicago School of Law, Chicago, IL
Liz Simon, Law Office of Elizabeth Simon, Chicago, IL


Teaching Psychology to Law Students

Most lawyers would benefit greatly from knowing more about psychology, the science of how people think, feel and behave.  After all, lawyers spend much of their time dealing with people.  Yet law schools have not done a great job of teaching psychology.  While the presenters and others have written on this subject, even we have not focused on how best to teach psychology to law students.  In this session experienced legal educators will provide practical suggestions for how best to convey psychological concepts to law students.

Jean Sternlight, UNLV Boyd School of Law, Las Vegas, NV
Jennifer Robbennolt, University of Illinois College of Law, Champaign, IL
Richard Birke, Willamette University College of Law, Salem, OR
Rebecca Hollander-Blumoff, Washington University School of Law, St. Louis, MO


Making Simulations More Realistic, Effective, and Fun

Virtually all dispute resolution instructors use simulations in their courses even though simulations are not as effective as many people assume.  This program will describe some of the problems with simulations as well as general strategies for making simulations more realistic, effective, and fun.   The presenters will describe their experiences increasing student engagementing realistic multi-stage simulations, conducting simulations in coordination with doctrinal courses, and requiring students to design their own simulations.  The audience will be invited to describe problems they have experienced using simulations and to brainstorm solutions to those problems.

Noam Ebner, The Werner Institute, Creighton University School of Law, Omaha, NE
Yael Efron, Zefat College School of Law, Zefat, Israel
Jim Hilbert, William Mitchell College of Law, St. Paul, MN
John Lande, University of Missouri School of Law, Columbia, MO


Teaching the Unteachable: Empathy, Morality, and Social Intuition

Empathy, morality, and social intuition are often described as unteachable to or unlearnable by law students.  This presentation takes that conclusion to task, arguing that these topics are not only teachable but that if faculty are willing to put in the work, classroom instruction can result in large strides in these areas.  The panelists will begin the discussion of each “unteachable” topic by presenting their respective work in the area followed by specific classroom exercises and ideas designed to enhance student ability in each area.

Jennifer Gerarda Brown, Quinnipiac Law School, Hamden, CT
Art Hinshaw, Sandra Day O'Connor College of Law - Arizona State University, Tempe, AZ
Andrea Schneider, Marquette School of Law, Milwaukee, WI


Launching a Probate Mediation Clinic: Successes & Lessons Learned

Law Schools are consistently working to incorporate live-client and skills development opportunities into their curricular offerings. The usual challenges we face are the expense and reliability of cases. This clinic is built on existing human resources, an interested judge, and limited funding. The panelists will discuss the impetus for starting the clinic, the challenges and questions faced throughout its early development and pilot years, the various components involved in its launch and evolution, and the progress achieved thus far. The session is designed to provide information, experience, and lessons learned from various organizational perspectives on how to launch a successful clinic without breaking the bank.

Lauren S. Holland, Lane County Circuit Court, Eugene, OR
Jane Gordon, University of Oregon School of Law, Eugene, OR
Susan N. Gary, University of Oregon School of Law, Eugene, OR
Corie Shupe, University of Oregon School of Law, Springfield, OR


Teaching Negotiation Online: Better Than Face-to-Face?

Online instruction has been catching the attention of many academic institutions.  Research suggests that some forms of online instruction produce better results than face-to-face instruction.  While most online instruction formats replicate the lecture-oriented approach seen in most universities, some online courses are designed to teach in the experiential model typical of most negotiation and mediation courses.  This presentation is designed to explore the ways that law schools can and could teach negotiation and mediation online.  Specifically, the panelists will discuss the advantages and disadvantages of online formats, opine on what future technologies will be available to improve teaching, and explore trends of teaching negotiation online in law schools.

Sean Nolon, Vermont Law School, South Royalton, VT
Benjamin Davis, University of Toledo College of Law, Toledo, OH
David Larson, Hamline University School of Law, Saint Paul, MN


Teaching Cross-Cultural Dispute Resolution Through Experiential Learning: A Case for Cross- Disciplinary Simulations

As globalization continues to transform our society, effective cross-cultural dispute resolution proves even more necessary.  However, cross-cultural relationships are often characterized by uncertainty and miscommunication.   How do we teach law students about such traits, with a focus on both organizational and national culture? At Willamette University, we have employed cross-disciplinary simulations for several years in our law school and business school. We will primarily discuss the cultural lessons that can be taught by deploying such simulations in conjunction with discussions about culture enabled by video technology. Simulation materials will be made available to session attendees.

David Friedman, Willamette University, Salem, OR
Sukhsimranjit Singh, Willamette University College of Law, Salem, OR


Teaching in Circle

This interactive presentation will focus on the use of “Talking Circles” in a law school class, specifically in experiential learning such as practicums, externships and internships.  Talking circles are deeply rooted in traditional practices of indigenous people.  Rather than debate and challenging each other, the circle process establishes a safe non-hierarchical place in which all present have the opportunity to speak without interruptions.  The circle can improve the students’ listening skills, increase their ability to empathize and create a positive and supportive environment.  The program will include a student from a circle-focused classroom who will describe the experience.

Donna Erez Navot, Mediation Clinic, UW Law School, Madison, Wisconsin
Lynn Cohn, Program on Negotiation and Mediation, Northwestern University School of Law, Chicago, Illinois


The Ethics Game: What Would YOU Do?

This is a fun, interactive activity designed to teach student mediators how to apply Mediator Standards of Conduct to ethical situations they may face. Attend this workshop and join in on what is sure to be a high-spirited discussion of this and other ethical dilemmas. Participants will play this game in teams and prizes will be awarded. Scenarios from various versions of this game will be used to demonstrate how the format can be applied to family mediation (using the AFCC Standards of Conduct for Family Mediators), general mediation (using the ABA-ACR-AAA 2005 Standards of Conduct for Mediators) and special areas using issues faced when mediating ADA-related, employment and special education disputes.

Cheryl Cutrona, Temple University Beasley School of Law & Good Shepherd Mediation Program, Philadelphia, PA


Teaching Mediation Advocacy: Differing Techniques, Side by Side

Beginning lawyers encounter mediation most often as advocates, making instruction in advocacy an important part of ADR teaching. But how best to do this? In this program teachers with different philosophies of mediation advocacy will demonstrate how they teach skills to deal with specific challenges. Attendees will be able to compare the philosophy and attributes of each technique side-by-side. How-to instructions and role-plays will be distributed, allowing teachers to bring these techniques into their classrooms.

Dwight Golann, Suffolk University Law School, Boston, MA
Lela Love, Cardozo School of Law, New York, NY
Marjorie Corman Aaron, University of Cincinnati College of Law, Cincinnati, OH
Harold Abramson, Touro University Law School, New York, NY