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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
 
- Framing the Challenge
- DR processes and tenets of democratic theory
- Normative commitments to process dynamics and substantive outcomes.
- A historical perspective on DR development:
- Nature of controversies
- Diversity (in)sensitivities of institutions and players.
- Concept of a problem: a lawyer's normative choice in problem-definition
- How extensive is the 'shadow of the law?'
- The myth of non-adversarial bargaining
- Role definition and responsibilities
- Reactive framework
- Party
- Advocate
- Intervener
- Partnering framework
- Party
- Advocate
- Intervener
- Testing the Waters: The Mediator's Role in Building Relationships
- Questions of entry
- What is the 'problem'?
- Matching or crafting process to challenge
- Participants
- Building a dialogue framework
- Avoiding co-optation
- Qualifications
- Financing services
- Crafting the advocate's role
- Crafting a party's role
- Implications of "Building Relationships" on Legal Education
- Concept of a professional in a community setting
- Visions of effective advocacy
- Blending lawyering skills into capacity-building initiatives
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