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Negotiating, Mediating and Managing Conflict: Evolution in a Global Society

creative — Sun, 29 Jun 2008 20:02:46 +0000

On April 10th, 2008, Teahouse Media had the privilege to document a day long conference – Negotiating, Mediating and Managing Conflict: Evolution in a Global Society – planned and hosted by the Straus Institute of the Pepperdine University School of Law. The following videos are previews of a few of the presentations that will soon appear on the Straus Institute site.

Conference Videos

Introduction with Dean Linda Livingstone

Dean of the Graziadio School of Business at Pepperdine University, Linda Livingstone, launched the conference by noting the increasing number of cross-cultural conflicts that will arise as the “world becomes flatter.”

Topic I – Culture, Tradition and Language in Cross-Border Negotiations and International Conflict

Professor John Barkai

In this fast-paced and informative presentation, John Barkai, Professor of Law from the University of Hawaii, explains how cultural dimensions impact negotiations and dispute resolution. A demonstration of the role perceptions can play illustrates how unnoticed bias slips into our relationships. Includes references to key works in the field.

Michael Zacharia

Recent Straus graduate Michael Zacharia takes us “inside the deal” as he draws upon his personal experiences negotiating complex business deals with foreign entities. Students who intend to practice law or conduct business with foreign firms will find this talk especially relevant.

Andrew Aglionby

In this video, Hong Kong-based attorney Andrew Aglionby cautions that, while cultural stereotypes may prove valuable in some instances, attorneys and mediators must bring a more nuanced understanding to the table when resolving cross-cultural disputes.

Panel Discussion

The Culture, Tradition, and Language in Cross-Border Negotiations and International Conflict Panel responds to the audience in a lively question and answer session.

Topic II – Global Evolution of Business Mediation

Thomas Stipanowich Introduction

Academic Director of the Straus Institute, Thomas Stipanowich, delivers introductory remarks on the Global Evolution of mediation and describes the recent collaboration between the Straus Institute and the Beijing Arbitration Commission.

Paul Grossman

Paul Grossman of the Paul Hastings law firm provides a “hands-on” perspective of mediation from the perspective of a U.S. lawyer specializing in employment law. A prolific user of ADR services, Grossman delivers an insider’s view of the mediation process that students studying the law or mediation will find extremely helpful.

John Hinchey

John Hinchey, the author of the new book International Construction Arbitration and a member of the JAMS construction panel, discusses the manner in which the construction industry has become a pioneer in designing flexible and “real time” dispute resolution processes.

Jay Welsh

Jay Welsh, General Counsel for JAMS, looks at “how we got here” with a view toward where we are going, globally, in the future. He draws upon the rich history of JAMS, the single largest provider of ADR services, to paint a picture of mediation’s future around the globe.

Professor Hal Abramson

Professor Hal Abramson discusses his latest research regarding the use of mediation in China. His work has begun to identify areas of similarity and areas where the approach may differ.

Madame Wang Hongsong

Madame Wang Hongsong, Secretary General, Beijing Arbitration Commission, chronicles the emerging use of mediation by the Beijing Arbitration Commission in an informative presentation that provides viewers with an up-to-date picture of western-style business mediation in China. Includes news of the ground-breaking collaboration between the BAC and the Straus Institute in training mediators.

Keynote Address

Mary Walker

In this multi-part keynote address, Mary Walker, General Counsel, U.S. Air Force, addresses the vital role the ethical culture of a corporation plays in the success of dispute resolution programs. Corporations that integrate heartfelt values into their culture find these values support and enhance corporate-wide dispute resolution programs.

Topic III – Early and Effective Conflict Management for Global Organizations

Introduction

Peter Robinson, co-director of the Straus Institute, introduces the afternoon session devoted to discussion of "Early and Effective Conflict Management for Global Organizations." Panel members who introduce themselves include: Kathleen Bryan, President & CEO International Institute for Conflict Prevention & Resolution; Phillip Armstrong, Litigation Attorney for Georgia Pacific; Stephen Gates, Former Senior Vice President & Group General Counsel ConocoPhillips; Charles Morgan, Managing Director FTI Consulting.

Part I

The panel discusses an emerging trend toward the systematic review and early evaluation of all cases coming into a corporation’s legal department with a focus on identifying conflicts that may be suitable for ADR. The question of how much discovery is actually needed before engaging in settlement efforts is raised.

Part II

The role of General Counsel or head of litigation in managing cases and engaging in early evaluation of ADR suitability is discussed. The respective roles of outside litigators and in-house counsel are considered in the context of early evaluation. Includes comments on the importance of viewing case management within the overall context of corporate goals.

Part III

Panelists note that the development of fully integrated conflict resolution systems that include provisions for resolution and prevention of conflict is rare within corporations, but the need for integrated systems is now emerging as a topic of discussion. The panel’s focus turns to corporations with international operations and the need to develop systems to handle conflicts in varied cultural settings with differing legal systems.

Straus Institute Media Demo

creative — Sat, 12 Apr 2008 20:30:20 +0000

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A demo of videos created for the Straus Institute for Dispute Resolution.

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Straus Media Demo

Time 6:52

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Straus Institute for Dispute Resolution at the Pepperdine University Law School

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“A Matter of Choice” with Judge Alexander Williams III

creative — Wed, 06 Feb 2008 01:06:55 +0000

Part I

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Part II

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Judge Alexander Williams III of the Los Angeles Superior Court presents his opening remarks at the start of a judicial settlement conference. He explains the choices litigants face and the reasons why a settlement may best meet their needs.

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A Matter of Choice Part I

Time 16:36

A Matter of Choice Part II

Time 15:17

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Judge Alexander Williams III

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A Conversation with International Students

creative — Wed, 06 Feb 2008 00:57:34 +0000

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International graduate students Giorgi Chaladze, Sangyeop Lee, and Soraiya Campbell share their experiences while enrolled at the Straus Institute, the top-ranked graduate program in dispute resolution in the nation.

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A Conversation with International Students

Time 17:30

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Straus Institute International Students

Sangyeop Lee

Soraiya Campbell

Giorgi Chaladze

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The Healthy Families Cooperative

creative — Wed, 06 Feb 2008 00:46:40 +0000

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The Healthy Families Cooperative seeks to help parents better understand how to handle conflict with young children. In this fund-raising video, the Western Justice Center Foundation presents the rationale for funding a project to bring these techniques to parents through a series of DVDs.

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Healthy Families Cooperative

Time 12:10

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Western Justice Center Foundation

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Marquez Equilibria and Ariel Wrye

Marquez Equilibria coaching parents

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Interview with Felix Doerfelt

creative — Wed, 06 Feb 2008 00:12:28 +0000

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Fulbright scholar Felix Doerfelt, an international law student from Germany, received his Masters in Law (LLM) from the Straus Institute for Dispute Resolution in May of 2007. Felix explains how an education in dispute resolution figures into his long-term plans to practice and teach law in his native country.

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Interview with Felix Doerfelt, Straus Institute International Alumnus

Time 11:07

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Straus Institute for Dispute Resolution at the Pepperdine University Law School

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Felix Doerfelt

Malibu Surfrider Beach

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Faith-Based Diplomacy

creative — Thu, 31 Jan 2008 17:41:51 +0000

Part I

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Part II

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Faith-Based Diplomacy, an emerging discipline that seeks to integrate religion and politics in the cause of peacemaking and reconciliation, is explained by the Canon Reverend Brian Cox. Father Alexei Smith, Shakeel Syed, and Rabbi Mark Diamond share insights regarding the inter-faith dialogue that is such a vital step in peacemaking.

It was our privilege to make the vital peacemaking efforts of faith-based diplomacy better known through this two part video.

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Faith-Based Diplomacy Part I

Time 19:24

Faith-Based Diplomacy Part II

Time 20:05

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Straus Institute for Dispute Resolution at the Pepperdine University Law School

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Brian Cox

Father Alexei Smith

Shakeel Syed

Rabbi Mark Diamond

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Along the Borderline: When Neutrals Consider Changing Roles

creative — Thu, 31 Jan 2008 00:41:33 +0000

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Straus Institute Director Thomas Stipanowich narrates a visit to the “borderline” between mediation and arbitration. In this teaching video, re-enactments of mediation and arbitration address the question of when it is appropriate for a neutral to switch processes.

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Along the Borderline: When Neutrals Consider Changing Roles

Time 16:05

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Straus Institute for Dispute Resolution at the Pepperdine University Law School

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Arbitration Panel

Mediation Conference

Thomas Stipanowich

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Divorce Mediation

creative — Wed, 30 Jan 2008 03:30:01 +0000

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Nina Meierding, recognized as one of the leading divorce mediators in the country, discusses the challenges of mediating domestic disputes. Peter Robinson and Thomas Stipanowich introduce Nina with a discussion of the important role mediation plays in domestic disputes.

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Divorce Mediation

Time 15:21

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Straus Institute for Dispute Resolution at the Pepperdine University Law School

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Nina Meierding

Thomas Stipanowich

Peter Robinson