FALL 2018
Inside Straus `` Messages from Our Leaders.INSIDE FRONT COVER
`` Speaking Engagements....................................... 11
`` About Our Institute............................................... 1
`` Scholarly Efforts .................................................. 12
`` We Are Straus......................................................... 2
`` Preparing Global Citizens................................... 14
`` Global Outreach..................................................... 4
`` Programs and Degrees....................................... 16
`` Inn of Court for Dispute Resolution.................... 7
`` Conferences.............................. INSIDE BACK COVER
`` Responding to a Climate of Conflict.................... 8
`` Save the Dates..................................... BACK COVER
`` Feinberg Speaks at Commencement................ 10
Messages From Our Leaders
Thomas J. Stipanowich
Sukhsimranjit Singh
Obtaining your degree from the Straus Institute for Dispute Resolution is like nothing you have ever experienced.
From its beginning, the Straus Institute has been committed to three programmatic themes:
William H. Webster Chair in Dispute Resolution, Professor of Law, and Associate Dean, Straus Institute for Dispute Resolution
Instead of asking you to memorize pages and pages of content out of books, we provide a broad set of skills and insights for approaching problems and resolving conflicts in all aspects of life. You can choose from more than 50 separate courses that explore the dynamics of conflict and a wide array of options to manage or bring an end to disputes. You will learn the secrets of powerful negotiation, examine the human behaviors that create, increase, or dispel conflict, explore how to communicate across cultures, and master making the most of out-of-court processes like mediation and arbitration. As our unique program cannot be fully captured in a letter or brochure, I invite you to speak with our institute team to learn more about the program and how you can tailor it to your personal needs and schedule. Better yet, visit our beautiful campus, observe a class, and sit down with a faculty or staff member to explore your interests and goals. We want to do everything possible to acquaint you with the exciting educational programs at Pepperdine Law and demonstrate why law school faculty across the country have consistently ranked the Pepperdine dispute resolution program among the best in the country—and the world. I look forward to seeing you at the Straus Institute.
Managing Director, Straus Institute for Dispute Resolution and Assistant Professor of Law and Practice
1. developing academic programs for studentsthat advance their skills and insights regarding dispute resolution and conflict management; 2. promoting more effective professional practice through conferences and continuing education workshops; a nd 3. playing a leading role in dispute resolution scholarship and global initiatives that advance policies, practices, and service efforts in mediation, negotiation, and arbitration. Straus is an energetic and u nique place where inquisitive students have ample opportunities to learn and grow in the field of dispute resolution. ur excellent faculty focuses on real-world issues and O creates discussions and curricula with a practice-based approach that is informed by scholarship and expertise. he result is a classroom experience that invites students T to explore the real challenges of practicing dispute resolution. If your goal is to create a professional dispute resolution practice, the programs at the Straus Institute have been designed for you.
About Our Institute The Straus Institute for Dispute Resolution at Pepperdine University School of Law is one of the world’s leading educational programs in the field of dispute resolution. The institute offers academic courses leading to a master of laws (LLM), a master of dispute resolution (MDR), or a certificate in dispute resolution, and professional training programs serving emerging lawyers as well as experienced mid-career professionals, businesspersons, and religious and community leaders. In addition, the institute sponsors what may be the most comprehensive academic curriculum in the world (complemented by the AAA Library, a leading compendium of resources) and offers professional skills training around the globe. The Straus Institute has been ranked by U.S. News & World Report as the #1 law school dispute resolution program in the US for an unprecedented 13 of the last 14 years. In the more than 30 years since its founding, the Straus Institute has established itself as a standard of excellence in preparing effective negotiators, peacemakers, and problem solvers, and as a driving force for improving the culture of conflict in the US and the world. In the last year, we have deepened our relationships with global partners to share our knowledge in the field of dispute resolution, exchange innovative ideas, and build a foundation for future collaboration. Through our rigorous curriculum and professional training programs across the United States—taught by leading experts in their fields—we equip and empower individuals to be changemakers within their organizations and communities. Our dedicated and diverse staff, talented students and alumni, and exceptional faculty carry forward our legacy as the country’s leading educational program in the field of dispute resolution. The institute is a key contributor to the Pepperdine University mission to prepare individuals for lives of “purpose, service, and leadership.”
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WE ARE STRAUS!
Straus has the advantages of a state-of-the art curriculum taught by leading scholars and practitioners, an encouraging and helpful dean, and above all, a phenomenal staff that works hard to provide a highly supportive environment for a diverse population of students from around the world.
—Thomas J. Stipanowich
Thomas J. Stipanowich
William H. Webster Chair in Dispute Resolution, Professor of Law, and Associate Dean, Straus Institute for Dispute Resolution
Aparna Gupta Associate Director
Seth G. Hackett
Admissions and Student Services Coordinator
Sukhsimranjit Singh
Managing Director, Straus Institute for Dispute Resolution and Assistant Professor of Law and Practice
Shellee S. Warnes (’94, MDR ’02) Director of Operations
Pashtana S. Abedi (MDR ’16)
Assistant Director of Student Recruitment, Marketing, and Global Outreach
Deborah E. Jasmin
Faculty and Class Support Manager
Stephen C. Lepley (LLM ’15) Director of Professional Outreach
Sammy Liu
Head of China Programs
Tess Marmé Stephanie B. Blondell
Associate Director, Assistant Professor of Law and Practice, and Director of the Master of Dispute Resolution Program
Program Administrator, Professional Programs and Recruitment
Sarah Y. Park
Randi Saxer Redman (’13)
Assistant Director of Admissions and Student Services
Joanna E. Reese (MBA ’17) Assistant Director
Peter R. Robinson Professor of Law
Marcelo B. Rosadilla
Assistant Director and Adjunct Professor
Jeannie A. Ruse
Administrative and Business Services Coordinator and Administrative Assistant to Thomas J. Stipanowich
Lori M. Rushford
Assistant Director, Professional Programs and Conferences
Associate Director Not pictured: Stephanie B. Blondell, Stephen C. Lepley, Sarah Y. Park, and Joanna E. Reese
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Straus Welcomes Three New Staff Members
Aparna Gupta
Aparna Gupta manages student and alumni advising, professional development, and external relations for the Straus Institute. She cultivates strategic relationships with private-sector, government, and nonprofit organizations to develop inspiring experiential learning opportunities that advance students’ careers. She received her JD from University of California, Los Angeles, School of Law and was awarded an Equal Justice Works Fellowship with the Asian American Legal Defense and Education Fund in New York City to represent low-wage workers seeking enforcement of their labor rights. Aparna has previously worked at the American Constitution Society in Washington DC, and most recently, she served as assistant director for UCLA School of Law’s Public Interest Program. In her various professional roles, she has given presentations about employment law, law student careers, and diversity in higher education.
Sammy Liu
Sammy Liu serves as Pepperdine’s ambassador to Chinese universities, government institutes, and students. Prior to Pepperdine, Sammy was a senior legal counsel at Mannheimer Swartling specializing in international dispute resolution. She is a member of the New York State Bar Association and holds a JD from Chicago-Kent College of Law, an LLM from University of Washington, and a master of laws from Peking University in China. Sammy has worked at major US law firms in Hong Kong since 1996, a UK law firm in China, and law firms in Sweden. She has worked more than a decade in the foreign direct investment area in the Asian market. In addition to her extensive experience in advising multinational companies in cross-border transactions, she has gained in-depth knowledge of Chinese industries, law, policies, and culture through advising major international companies in entering into the Chinese market.
Pashtana S. Abedi (MDR ’16)
Pashtana Abedi serves as part of the Straus Institute’s efforts to recruit students from around the world to continue its legacy of creating an enriching and diverse academic experience. She also manages Straus’ communication platforms and marketing efforts to highlight the institute’s various initiatives and academic programs. She holds a bachelor of arts in psychology from the University of Southern California and a master of dispute resolution from the Straus Institute. As the daughter of an international mediator, Pashtana knew she wanted to be a part of peace processes, which is why she built her own mediation practice where she mediates a variety of cases including cross-cultural and faithbased disputes. She has served at the Islamic Shura Council of Southern California and the Southern California Mediation Association, and authored a book on faith-based mediations entitled Mediation & Islam.
Associate Director
Head of China Programs
Assistant Director of Student Recruitment, Marketing, and Global Outreach
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Global Outreach CHINA Programs in Beijing and Shanghai Highlight Partnerships Old and New In March Tom Stipanowich, professor and Straus Institute associate dean, and Sammy Liu, the head of Straus’ China programs, traveled to Beijing and Shanghai for a series of presentations and meetings at leading universities and arbitration institutions. These included meetings and lectures at Peking University Law School and two other prominent law schools in Beijing, the University of International Business and Economics, and the Chinese University for Political Science and Law. The latest chapter in the long professional partnership between the Straus Institute and the Beijing International Arbitration Commission (BIAC) was written on March 8, 2018 when dean Stipanowich gave a presentation at BIAC headquarters in Beijing. The program, including his talk on “Commercial Arbitration and Settlement: The Influence of Culture and Legal Tradition,” was moderated by famed arbitrator Jingzhou Tao of Dechert LLP and included commentary by advocate Helena Chen and professor Gabrielle Kaufmann-Kohler. The lecture was subsequently broadcast by a major legal online news site, the Rule of Law and News, and seen by 224,000 viewers. Dean Stipanowich was one of two foreign speakers at the Shanghai International Arbitration Conference, a multiday event cosponsored by the Straus Institute and many other organizations and attended by more than two hundred lawyers, arbitrators, and scholars from China and Hong Kong.
Dean Stipanowich Is Featured Commentator for CCTV Documentary on Arbitration in China Dean Stipanowich will be featured as a foreign commentator for the CCTV (China national TV) law channel series “Arbitration in China,” currently in production. He will appear in all five parts of the series, which is cosponsored by the Chinese Supreme People’s Court, the Legal Working Group of the National People’s Congress, the State Council Legal Office, the China International Economic and Trade Arbitration Commission (CIETAC), and other Chinese
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arbitration commissions, as well as the Chinese University for Political Science and Law, the China Arbitration Institute, the Legal Daily, Legal Net and Xinhua Net. The documentary, which may reach as many as 100 million people, will examine the history and modern development of arbitration and dispute resolution in China. In addition to filming in Beijing and Shanghai, the CCTV crew came to Los Angeles to film at the Straus Institute, the American Arbitration Association (AAA) and JAMS, as well as other venues including a tea ceremony at the Stipanowich home!
Exchanging Ideas with Secretary General Wang of CIETAC During their March visit to Beijing, dean Stipanowich and Sammy Liu had multiple opportunities to meet with secretary general Wang Chengjie, general of CIETAC, the leading arbitration institution in China. Their meetings occurred in settings as diverse as a famed teahouse off Tiananmen Square and the CIETAC headquarters. Secretary Wang and dean Stipanowich recognized each other from years before, when both had been involved in cooperative efforts between the China Counsel for Promotion of International Trade, CIETAC, and the International Institute for Conflict Prevention & Resolution, which Stipanowich then led. On June 29, the Straus Institute hosted a visit by secretary general Wang and a delegation from CIETAC, including a lunch (sponsored by JAMS) and program in the recently renovated law school atrium. Stipanowich moderated a conversation with Wang and two leading lawyers and CIETAC arbitrators: Christine Kang, partner of JunHe Law Firm in Beijing, and Audry Li, partner of the Zhong Lun Law Firm in Shanghai. Cooperating organizations included the Pepperdine Straus Inn of Court, the College of Commercial Arbitrators, and the AAA.
BRAZIL Straus Is Prominent at the First Brazilian Business Mediation Congress Dean Stipanowich was keynote speaker before an audience of more than two hundred at the First International Congress on Business Mediation in Sao Paulo, Brazil on October 25, 2017—a conference cosponsored by dozens of dispute resolution institutions in Brazil. His talk, “The New Dawn of Mediation: Brazil’s Quiet Revolution in Dispute Resolution,” explored recent Brazilian legislation promoting mediation against the backdrop of related developments worldwide. The conference also provided the participants with a few workshops, including one in mediation advocacy, taught by Straus assistant director Marcelo Rosadilla, who also participated in a posterior round table discussion related to the development of extrajudicial mediation in Brazil.
Dispute Systems Design: The Brazilian Experience The Straus Institute for Dispute Resolution hosted mediation expert Diego Faleck to speak at a lunchtime series event on the use of dispute systems design in the context of victims’ compensation. Diego Faleck is the founding partner of Faleck & Associados, the first dispute resolution firm fully specializing in mediation, settlement counsel, and dispute systems design in Brazil, with a unique track record in complex business mediation and dispute systems design for major national disasters.
Straus Institute at Mackenzie Presbyterian University’s Exchanging Hemispheres Program Continuing the success of the partnership between Mackenzie Presbyterian and Pepperdine, the Straus Institute was honored to participate last January in the second edition of Mackenzie’s Exchanging Hemispheres program. The program takes part during the Brazilan summer at the beautiful campus of Mackenzie Presbyterian University in São Paulo. This year’s program further solidified our institute’s presence in the Brazilian legal arena with adjunct professor Jim Craven teaching Mediation Theory and Practice and assistant director
Marcelo Rosadilla teaching Negotiation Theory and Practice. The program was created for the nurturing of better professionals and the evolution of our civil society, by providing students from all over the world with an opportunity to be exposed to the newest advancements in the practice of law and to the vanguard of legal trends in the international arena. It was conceived by the brilliant minds of Mackenzie’s dean of the School of Law, professor Felipe Chiarello; its director of international programs, professor Pedro Buck; and its coordinator of public affairs, professor Regina Barone; all longtime friends of the Straus Institute.
EGYPT Professor Sukhsimranjit Singh and Assistant Director Pashtana Abedi Engage Officials in Egypt Organized by the Straus Institute and one of our alumni, Yousra Kamal (LLM ’16), professor Singh and Pashtana Abedi were invited to visit the Egyptian State Council, Egyptian State Lawsuits Authority, and Cairo University School of Law. Discussions were held to train the senior judges of the Egyptian State Council in mediation by the Straus Institute and to collaborate on cross-cultural dispute resolution literature. The Straus team was featured on Law TV, an initiative by Cairo University students. Thanks to Cairo University’s hospitality, the institute continues to remain engaged in collaborative discussions with our hosts.
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Members of the Korean National Supreme Court with deans Caron and Stipanowich, and professors Coe, Park, Robinson, and Singh.
INDIA
KOREA
Professor Sukhsimranjit Singh Travels to India
Pepperdine Law Signs Memorandum of Understanding with Korean National Supreme Court
Professor Sukhsimranjit Singh, managing director of the Straus Institute, was invited by the government of India under the prestigious Global Initiative of Academic Networks program to deliver dispute resolution lectures in Rajiv Gandhi National University of Law (RGNUL) in Punjab in November 2017. The workshop was attended by law faculty from three law universities, scholars, attorneys, and law students from all over India. In February 2018, the Delhi High Court Bar invited professor Singh to give a keynote address at its international ADR summit. He conducted advanced mediation training at Maadhyam, the council for conflict resolution, as organized by A. S. Chandhiok, president of the organization and former additional solicitor general of India. Professor Singh was invited to give a TEDx talk titled “Made in India” at the RGNUL campus on May 8, 2018. His TEDx talk discussed his struggles with public speaking during his time as a law student and lessons from dispute resolution that helped him overcome his challenges.
On April 16, 2018 Pepperdine Law School signed a memorandum of understanding (MOU) with the National Court Administration of the Supreme Court of Korea to promote future educational and judicial cooperation. Members of the court visited Pepperdine and discussed potential mutual cooperation for its visiting judicial scholars, the Korean court system and development of arbitration and court-ordered mediation, as well as the future of dispute resolution and the potential for the growth of private mediation in Korea.
Korean Commercial Arbitration Board and the Straus Institute Invest in the Future of International Commercial Arbitration The Straus Institute has also signed a MOU with the Korean Commercial Arbitration Board (KCAB). Delegates from KCAB’s Seoul headquarters and Los Angeles branch, as well as from the Korean Ministry of Justice, visited Pepperdine for the MOU signing ceremony on September 22, 2017. Representing the KCAB was president Sungbae Ji, and signing for the Straus Institute was dean Tom Stipanowich. Included in the KCAB delegates was our own Straus alumna Jiyun Moon (LLM ’15), who played an integral role in bringing these two organizations together.
The Straus Institute welcomed 33 lawyers and judges from Delhi, India for a week of advanced mediation training in June. 6
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A SUCCESSFUL DEBUT FOR
the Pepperdine/Straus American Inn of Court for Dispute Resolution
Inn of Court members pictured at the year’s final social event hosted at the Jonathan Club.
The Pepperdine/Straus American Inn of Court for Dispute Resolution was launched this year with the goal of creating networking and educational opportunities for Straus alumni and students alongside other experienced lawyers and dispute resolution professionals. Led by an organizing committee composed of Inn counselor dean Stipanowich, professor Peter Robinson, and a group of Straus alumni, adjunct faculty, lawyers, and practitioners including adjunct professor the Honorable Alex Williams, Steve Brawer, current president Steve C. Lepley (LLM ’15), adjunct professor Rebecca Callahan (LLM ’07), Paul Rafferty, and adjunct professor Darryl Darden (MDR ’15), the Inn was inspired by the Justice Marie L. Garibaldi American Inn of Court for ADR in New Jersey, of which dean Stipanowich is an honorary member. Our Inn is focused on providing high-caliber dispute resolution continuing education qualifying for MCLE credit in settings that offer excellent opportunities for networking and collegial connection.
Nearly 40 members attended the inaugural dinner meeting titled, “Is It Ever OK to Lie in Mediation?,” at the offices of Jones Day in downtown Los Angeles, hosted by Paul Rafferty, partner and Inn executive committee member. The Inn also featured programming on implicit bias led by former lawyer and current JAMS neutral, Charles Dick, as well as a practice-focused discussion in April on key statutes and developments for commercial neutrals and advocates. The first coast-to-coast program in the history of the American Inns of Court was co-hosted on May 10 by the Inn and its “sister,” the Justice Marie L. Garibaldi American Inn of Court for ADR. Dean Stipanowich was joined by Laura Kaster, former counsel for AT&T and an active arbitrator and mediator, and Canadian law professor Veronique Fraser (LLM ’10), for an interactive discussion focused on the practical, legal, and ethical issues associated with various scenarios involving multiple dispute resolution processes. The Inn’s first year calendar concluded with a June summer social event hosted by the Inn and the Straus Institute at the beachside Jonathan Club in Santa Monica. Pepperdine University
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Responding to a Climate of Conflict SHOWCASING EFFORTS TO IMPROVE SOCIETY AND RESOLVE DISPUTES IN AN OVERHEATED SOCIETY
REFLECTING ON THE IMPORTANCE OF DIVERSITY Dean Tom Stipanowich offered reflections on “The Consequences of Homogeneity in Dispute Resolution,” at the Symposium on ADR and Diversity at New York Law School. His discussion of the varied concerns associated with lack of diversity in conflict resolution referenced recent empirical studies and personal anecdotes.
STIPANOWICH AND NATIONAL PANEL OF EXPERTS ENGAGE ON THE CHALLENGES AND OPPORTUNITIES FOR THE US CIVIL JUSTICE SYSTEM AT OHIO STATE CONFERENCE Dean Stipanowich led off the discussion on “Integrating Contemporary Dispute Resolution Processes into Today’s Courts: A Conversation with National Experts” at the 2018 Supreme Court of Ohio Dispute Resolution Conference at Ohio State University in March 2018. The panel, moderated by Ohio State professor Nancy Rogers and featuring leading scholars, jurists, and dispute resolution professionals, explored the current economic challenges facing the US justice system and the opportunities for more effective approaches to managing conflict, including programs informed by current empirical studies, more widespread availability of legal counsel, and online dispute resolution. An audience of more than four hundred attended the program, which also featured Straus friends Zena Zumeta, Colin Rule, and Dwight Golann.
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RESTORING CIVILITY AND 2018 PROFESSIONAL SKILLS PROGRAM Professor Singh invited and worked with Tracy L. Allen and Eric R. Galton to moderate a conversation on restoring civility. How and why have we become such an overheated, polarized society? How can we be better participants in a disagreeable conversation without being disagreeable? How do we design, manage, and process difficult conversations? These were some of the questions handled by the panelists at “Restoring Civility in an Overheated Society” that took place at Pepperdine University on June 20, 2018. The program received an overwhelming response as it preceded one of the largest annual events hosted by the Straus Institute, its Professional Skills Program, which took place June 21 to 23, 2018. Encouraged by the success of the event, the institute plans to host a daylong event in Spring 2019 for national participants and audiences.
Professors Singh and Blondell pictured with chief of police Michael Moore and retired assistant chief Sandy Jo MacArthur.
STRAUS PARTNERS WITH SCHOOL OF PUBLIC POLICY ON NEW SPECIALIZATION Pepperdine University School of Public Policy (SPP), ranked in the top ten MPP programs in the western United States, announced a partnership with the Straus Institute to create a new dispute resolution specialization within its Master of Public Policy (MPP) degree starting Fall 2018. The new specialization makes Pepperdine one of America’s only universities to offer such a concentration within its MPP, and the only university to offer a joint MPP/MDR program. Pete N. Peterson (MPP ’07), dean of the School of Public Policy, sees the new program as being consistent with the school’s broader curriculum. “We’re living in an era known for its polarization—especially in the public square. Through this course work, we intend to prepare leaders with both policy expertise and the skills to work across differences—whatever they may be.”
PROFESSOR BLONDELL TEACHES ADVANCED PUBLIC ENGAGEMENT FOR LOCAL GOVERNMENT Professor Stephanie Blondell taught “Facilitating Fearlessly: Difficult Conversations in Public Meetings and Beyond” in the Pepperdine School of Public Policy’s Professional Certificate in Advanced Public Engagement for Local Government held January 19 to 21. The three-day intensive workshops were designed to equip public servants with the skills and abilities to engage residents in the decisions that affect their lives and communities. In an age where trust in government (and indeed all institutions) is at an all-time low and indifference toward local government is at an all-time high, conflict resolution skills are integral to good government.
STRAUS INSTITUTE COLLABORATES WITH LOS ANGELES POLICE DEPARTMENT TO FACILITATE COMMUNITY DIALOGUES AND HEALING A national conversation is taking place about the use of force and related police policies and procedures. The dialogue illustrates an incongruent understanding of the problem between both sides—police and community— creating further frustration and lessening hopes of healing the fracture in the relationship. The foundational damage to this relationship occurs where the breakdown of trust and legitimacy intersect. Thus, a critical need for intervention exists, one that allows the protected and the protector an opportunity to return to relational fundamentals, effectively improving engagement in everything from dialogue to calls for service. The program is designed to incorporate both sides of the divide in a two-part training to promote trust, problem solving, and legitimacy in a neutral environment. The above mentioned initiative was possible due to a generous grant by the Open Society Foundation, which represents collaborations among the Los Angeles Police Officer Women’s Association, LAPD, and Pepperdine School of Law. Professors Blondell, Robinson, and Singh are pleased and honored to be a part of this training and believe that this initiative provides a unique opportunity to serve the lives of the community for the better. Pepperdine University
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Ken Feinberg speaking at the Pepperdine Law 2018 commencement
Feinberg Speaks at Commencement RENOWNED MEDIATOR KENNETH FEINBERG ADDRESSES PEPPERDINE LAW GRADUATES AND RECEIVES HONORARY DOCTORATE AT THIS YEAR’S COMMENCEMENT CEREMONY Kenneth R. Feinberg, an American attorney and one of the best-known figures in the field of alternative dispute resolution, addressed the Pepperdine Law Class of 2018 at this year’s commencement ceremony on May 18. Feinberg was also this year’s honorary doctorate recipient and is renowned for his work as special master of the US government’s September 11th Victim Compensation Fund and the Troubled Asset Relief
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Program Executive Compensation. Straus dean and professor Tom Stipanowich describes Feinberg as the ultimate problem solver: “I would argue that Ken has the empathy of Lincoln, the dauntless pugnacity and determination of Churchill, the charisma and narrative skill of Fiorello La Guardia, and the systems design genius of Henry Ford.”
Speaking Engagements ENVISIONING THE FUTURE OF ADR
TEACHING THROUGH THE LENS OF GENDER
At a plenary program at the annual meeting of the American College of Construction Lawyers in February, dean Stipanowich offered visions of the future of dispute resolution, imagining a world in which skills and insights are obtained primarily through simulated models, human knowledge and experience are heavily augmented by “cyberinfo,” a person’s essential characteristics are measured with mathematical precision, and humans face competition from robots and avatars. He had previously spoken on this topic as part of a series of programs on leadership, held in downtown Toronto, where dean Stipanowich shared key lessons drawn from his long-standing career.
The Women’s Negotiation Academy, taught by professor Stephanie Blondell, and adjunct professor and mediator Denise R. Madigan, convened again this past February to a sold out audience. The academy uniquely coaches students through the negotiations process with the perspective of gender in mind. Earlier in the year, professor Blondell presented at an event titled, “Negotiations and Money: The Two Taboos,” at the Ellevate Network, an organization that strives to “change the culture of business from the inside out—by investing in women.” Most recently, she headlined the “Living Your Calling” Conference for the Pepperdine Faculty/Staff Advisory Board and spoke about the dynamics women face when negotiating, offering strategies in her remarks.
In more than a dozen programs throughout the US and abroad, dean Stipanowich spoke on different facets of the interplay among different modes of dispute resolution— notably mediation, evaluation, and arbitration. His most recent presentations on the subject include participation in an international panel on “Coordinating Multiple Dispute Resolution Processes” at the Institute for Transnational Arbitration workshop and annual meeting in Dallas in June and “Arbi-gotiation: The Multilane Highway of Construction Conflict Management,” for the International Institute for Conflict Prevention & Resolution in May.
EXPLORING NEW FRONTIERS IN DISPUTE RESOLUTION In November 2017, professor Peter Robinson spoke at the Santa Barbara County Bar Association Alternative Dispute Resolution section about "Mediators Balancing Fairness and Neutrality and Mediator Apology" as well as his forthcoming book, Aspects of Genuine Apology. In addition, he also recently made two presentations on strategic and advanced mediation skills. On October 26, professor Robinson spoke on “How Mediation Can Support Christian Legal Aid” at the Christian Legal Society’s National Conference and Legal Aid Summit in Newport Beach, California. On November 3, he presented “Current Practices and Techniques for the STAR [Stage, Task, Action, Result] Approach to Mediation” at the Riverside County Bar Association.
PROMOTING CROSS-CULTURAL UNDERSTANDING In August 2017, professor Sukhsimranjit Singh spoke to Willamette University’s Atkinson Graduate School of Management’s incoming MBA class on cross-cultural understanding and communication as well as conflict management and team building. He was invited back to Willamette in February 2018 to give a keynote presentation at the Career Connections Conference and to deliver an advanced negotiation workshop in connection with Willamette’s MBA for Professionals program. Professor Singh was a keynote speaker on “Cross-Cultural Issues in Commercial Mediation,” at the JAMS Annual Owners Meeting in Scottsdale, Arizona, in May 2017. Introduced by the executive director of JAMS, Richard Birke, he also led a session on “Negotiating Difficult Conflict in Interpersonal Contexts.” In addition, Professor Singh spoke to fellows during JAMS Fellowship Week in San Francisco in September 2017 and 2018 Professor Maureen C. Weston, along with twelve dispute resolution law professors from various law schools participated in a seminar in Israel in connection with the Academic Partners for Peace program. The group met with numerous leaders, individuals, and groups to study conflict resolution strategies surrounding the IsraeliPalestinian conflict.
Professor Maureen Weston presented an “Arbitration Law Update,” discussing how film distribution disputes are resolved at the Independent Film and Television Alliance (IFTA) arbitration meeting in November 2017 in Santa Monica, California.
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Scholarly Efforts JACK COE Professor Jack Coe has been one of four reporters tasked with drafting the now nearly complete ALI Restatement of the Law: The US Law on International Commercial Arbitration, a peer-reviewed reference that spans roughly 1000 pages. This year he also completed as coeditor, with professor Trey Childress, a two-volume collection titled Private International Law and Arbitration to be published by Edward Elgar Publishing in November. In addition to teaching four Straus seminars related to international arbitration, professor Coe has taught short courses at both the summer Academy of the Center for American and International Law in Dallas and the Chinese University of Political Science and Law in Beijing. Coe remains active as an arbitrator and alternative dispute resolution expert, serving in connection with international commercial and investment treaty disputes. In recent months he has authored several expert opinions on a variety of topics ranging from rights under an international arbitration agreement of non-signatories to the public international law concept of denial of justice.
MICHAEL HELFAND Associate dean for faculty and research, codirector for the Glazier Institute for Jewish Studies, and associate professor of law, Michael A. Helfand, continues to expand upon his work on faithbased arbitration. Among his current projects, he is working on two book chapters addressing the benefits and challenges of using arbitration as a method of religious dispute resolution within faith communities. In his chapter in the forthcoming Oxford Legal Handbook on Global Pluralism, “The Future of Religious Arbitration in the United States: Looking Through a Pluralist Lens,” Helfand considers what those benefits and challenges are from the perspective of faith communities as well as from the perspective of the state. Looking from both viewpoints, Helfand argues that religious arbitration holds out the potential to enhance the state’s ability to provide justice to its citizens and, at the same time, enable religious communities to pursue lives committed to shared religious values and principles. Helfand explores similar themes in another chapter, “From Public Law to Private Law: Promoting Religious Values Through Private Law Dispute Resolution,” in the forthcoming Christianity and Private Law. In this work, Helfand directly considers the relative benefits of the two different paradigms—legal enforcement of private forms of religious dispute resolution versus mere deference afforded such decisions under constitutional public law—through which US law engages with private religious dispute resolution and more specifically, religious arbitration. 12
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TOM STIPANOWICH AND VERONIQUE FRASER Reflecting their wide-ranging research conducted in connection with leadership roles on the International Task Force on Mixed Mode Dispute Resolution, dean Tom Stipanowich and Sherbrooke University faculty of law professor Veronique Fraser are close to completing a second white paper associated with the topic. The unique contribution of the current paper may be its focus on key process priorities that underpin practices and perspectives in dispute resolution and the factors (including party choice, organizational and professional culture, and national culture) that control these priorities.
MAUREEN WESTON Professor and director of the Entertainment, Media, and Sports program, Maureen Weston, has coauthored Arbitration: Law, Policy, and Practice. The book “provides the ideal blend of arbitration case law, problems, and experiential exercises� for students. This book is the only arbitration casebook on the market with a full arbitration case file to enable students to experience the arbitration hearing from beginning to end, whether in the role of party, lawyer, or neutral. Special chapters on all aspects of the arbitration process enable students to explore the practical side of arbitration through the lens of both arbitrator and advocate. The book also comprehensively covers legal doctrine and ethical constraints essential to understanding modern arbitration and includes chapters on preemption, arbitrability, judicial review, complex arbitration procedures, and international arbitration. Pepperdine University
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Preparing Global Citizens “EQUIPPED TO LEAD, EMPOWERED TO SERVE”
STRAUS IS PROUD TO HAVE ALUMNI FROM 64 COUNTRIES AROUND THE WORLD!
SHADEEQUA SMITH
SERGEY MOROZOV
Shadeequa Smith (LLM ’18) serves as director of training for Prison of Peace, a nonprofit organization that aims to reduce violence and promote peaceful conflict resolution among prison inmates. A veteran of the US Air Force and an accomplished lawyer, Smith has dedicated her career to studying the criminal justice system and understanding its impact on individuals, families, and communities. Her efforts are informed by her work at the Third Circuit Drug Court in Oxford, Mississippi, US Probation Office, and the Oakland Re-Entry Court, as well as with entities that improve individuals’ transition from incarceration into their communities. “I believe that we all have an obligation to restore and heal the most vulnerable individuals in our communities,” said Shadeequa.
Prior to attending the Straus Institute, Sergey Morozov (LLM ’17) was a dispute resolution attorney at an international law firm. Upon completing his degree, he became an even more active member of the Russian arbitration community. He now works closely with the ICC Russia Commission on Arbitration, Young IMA, and other Russian arbitration organizations.
Her keen interest in restorative justice brought Smith to Straus, where she had the opportunity to learn from mentors like Tom Stipanowich, Doug Noll, and Laurel Kaufer. “I had been exposed to it [restorative justice] in my past work, but it was Straus that got my foot in the door.” Smith’s work helps prisoners across California master the art of communication and conflict resolution, thereby enabling them to create safer, more peaceful lives, in prison and beyond. 14
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He says, “What is unique about Straus is that the educational process is very interactive and practice oriented, and the atmosphere is hospitable and supportive. I truly believe that because of Straus’ excellent academic environment, outstanding location, and the people I met there, it was the best part of my life so far.”
KABIR BARAT
STACIE HAUSNER
“The one thing I was willing to do, is work. And that’s all that people expect—hard work.” said Kabir Barat (LLM ’16) who now serves as a foreign legal associate at the international law firm, DLA Piper in Perth, Australia. Barat came to the Straus Institute from Mumbai, India, where he practiced law and cultivated an interest in commercial arbitration. He excelled at Straus under the guidance of his mentors, professors Coe and Stipanowich. Barat secured a position as a paralegal in the San Francisco offices of DLA Piper, where he began in the file room. Barat worked his way up the ladder, and eventually began researching case law and learning from key partners in his field. Upon completing his OPT, Barat was offered his current position with the firm. “All international students need is one break, one chance to prove themselves,” says Barat. He attributes much of his success to the advice of Straus faculty, including the advice of professor Singh, who taught him to take pride in his various identities—as an Indian lawyer, a trusted professional, and as a Straus alumnus.
Prior to earning her LLM degree from Straus in 2016, Stacie Hausner (LLM ’16) was a litigation attorney for almost 20 years. Since Straus, Hausner has enjoyed a mediation career at ADR Services, Inc., where she mediates cases in the fields of business, employment, real estate, personal injury, and construction defects. She also has become an adjunct professor at Straus where she has taught both Mediation Theory and Practice and the Mediation Clinic. Additionally, Hausner is teaching part of the institute’s “Mediating the Litigated Case” program this summer and presents MCLE programs to bar associations and law firms on various topics, including effective attorney advocacy in mediation, optimization of negotiation outcomes, ethics and mediation, psychology and mediation, and gender negotiations. “I absolutely credit a large part of my career to the incredible education and opportunities that I received from Straus. Straus is an amazing place that seems to have the magic combination that allows its students to garner the skills, understanding, and support for a career in dispute resolution. I feel lucky to be a part of the Straus family.” Pepperdine University
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PROGRAMS AND DEGREES joint degrees
§§ LLM in Dispute Resolution with Concentrations Available in Mediation, Arbitration, or Litigation
§§ LLM in International Commercial Law and Dispute Resolution (ICLDR) §§ LLM in US Law
§§ LLM in Entertainment, Media, and Sports
§§ Master of Public Policy/Master of Dispute Resolution
§§ LLM in US Law and Dispute Resolution
§§ LM in International Commercial Arbitration (ICA)
§§ Juris Doctor/Master of Dispute Resolution
§§ Master of Dispute Resolution
§§ LLM in International Commercial Law and Arbitration (ICLA)
§§ Certificate of Dispute Resolution
MORE OPTIONS Straus offers opportunities for students from all five Pepperdine schools. Students earning a JD, MBA, Master of Public Policy, or undergraduate degree can take dispute resolution classes and earn a concentration or certificate in conjunction with their primary degree. Students in Pepperdine’s Graduate School of Education and Psychology can also elect to participate in Straus’ certificate program in tandem with most programs the school offers.
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Conferences NEW PERSPECTIVES ON TEACHING DISPUTE RESOLUTION CONFERENCE CONNECTING IN CLASSROOMS AND COMMUNITIES We are pleased to collaborate with the American Bar Association’s Section on Dispute Resolution to host a two-day conference convening dispute resolution faculty, adjuncts, and trainers to discuss the challenges and opportunities of teaching conflict management. Scheduled to take place on June 17–18, 2019, in Malibu, California, the conference will address relevant topics for educators, including the role of experiential education, resources for adjunct faculty, assessing curriculum, and identifying and responding to modern trends in the field. We invite you to save the date and join us in beautiful Southern California for a rich discussion on dispute resolution pedagogy.
THE GLOBAL DISPUTE RESOLUTION CONFERENCE IN PARTNERSHIP WITH PRINCE MOHAMMED UNIVERSITY The Straus Institute for Dispute Resolution is pleased to announce the Global Dispute Resolution Conference at Pepperdine University on March 12–13, 2019. Cosponsored by the King Fahd Bin Abdulaziz Program for Studies and Research in International Dispute Resolution at Prince Mohammad Bin Fahd University, the conference will bring together experts from the East and the West to brainstorm cross-cultural lessons in dispute resolution. It will provide a platform to share the religious values and perspectives on the theory and practice of negotiation and mediation. The conference will also include a section on “Arbitration in the US and in Saudi Arabia—A Comparative View.” Professors Thomas Stipanowich, Sukhsimranjit Singh, Peter Robinson, Jack Coe, Stephanie Blondell, Michael Helfand, and Ahmad Taha are confirmed to participate from the Pepperdine faculty, and we are in the process of sending invitations to interested scholars, thinkers, and teachers from across the world.
PEPPERDINE UNIVERSITY School of Law Straus Institute for Dispute Resolution 24255 Pacific Coast Highway Malibu, CA 90263-4655
Tel: 310.506.4655 Fax: 310.506.4437
Straus Institute for Dispute Resolution
straus.pepperdine.edu dracademics@pepperdine.edu
Save the Dates! Washington, DC Professional Skills Series Washington, DC
``October 18–20, 2018 4th Annual Fall Professional Skills Program in Dispute Resolution Nashville, Tennessee
``December 6–7, 2018 Women’s Negotiation Academy: Creating Skills and Sophisticated Negotiators West L.A., California
``December 31, 2018– January 5, 2019 Winter Intensive Academic Program Malibu, CA
``January 28–31, 2019 Leadership for Attorneys in Business Malibu, California
``February 7–9 and 21–23, 2019 Mediating the Litigated Case Irvine, California
``March 12–13, 2019 Global Dispute Resolution Conference Malibu, California
``May 20, 2019–August, 3, 2019 Summer Intensive Academic Program Malibu, CA
June 17–18, 2019 New Perspectives on Teaching Dispute Resolution Conference Malibu, California
``June 20–22, 2019 32nd Annual Summer Professional Skills Program in Dispute Resolution Malibu, California
``July 9–31, 2019 US Law and Legal Writing Seminar Malibu, California
``July 22–27, 2019 Mediating the Litigated Case Malibu, California
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``September 2018