Association of American Law Schools
2003 Annual Meeting
Washington, D.C.
Thursday, January 2 - Sunday, January 5, 2003


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Friday, January 3, 2003
8:45 a.m.-5:30 p.m.
Annual Meeting Workshop on Dispute Resolution:
Raising the Bar and Enlarging the Canon


Concurrent Session: Building Community



Joseph B. Stulberg
The Ohio State University

 

  1. Framing the Challenge

    1. DR processes and tenets of democratic theory
      1. Normative commitments to process dynamics and substantive outcomes.

      2. A historical perspective on DR development:
        1. Nature of controversies
        2. Diversity (in)sensitivities of institutions and players.

    2. Concept of a problem: a lawyer's normative choice in problem-definition
      1. How extensive is the 'shadow of the law?'

      2. The myth of non-adversarial bargaining

    3. Role definition and responsibilities

      1. Reactive framework
        1. Party
        2. Advocate
        3. Intervener

      2. Partnering framework
        1. Party
        2. Advocate
        3. Intervener

  2. Testing the Waters: The Mediator's Role in Building Relationships

    1. Questions of entry
      1. What is the 'problem'?

      2. Matching or crafting process to challenge
        1. Participants
        2. Building a dialogue framework

      3. Avoiding co-optation

      4. Qualifications

      5. Financing services

        1. Crafting the advocate's role

        2. Crafting a party's role

  3. Implications of "Building Relationships" on Legal Education

    1. Concept of a professional in a community setting

    2. Visions of effective advocacy

    3. Blending lawyering skills into capacity-building initiatives

 


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