USC Gould's Center for Dispute Resolution graduated a seventh class this spring and welcomed our newest members to our alumni, ready to immerse themselves in the field to challenge and expand the future of ADR.

In this issue, we invite you to read about some of the Center’s collaborative partnerships, exceptional students and career-focused conversations that moved the discussion forward and provided our students and the greater dispute resolution community with access to the knowledge and expertise of accomplished ADR practitioners from around the world.

Discover USC Gould & Fall 2024 Admit Day

This March, USC Gould hosted virtual and in-person events to immerse our incoming Fall 2024 class in our Trojan Family and law community. Admitted students were invited to network with current students and potential classmates and attend exclusive presentations. 

Sessions also included an opportunity to observe a class and tour the law school, university campus and USC Housing.

Master Class in Dispute Resolution:

Creating Value in Negotiation

This spring, Center Director, Professor Richard Peterson, hosted an immersive master class that presented a framework for attorneys and mediators to ease emotional barriers that impede productive negotiations between disputing parties.

The presentation was be followed by a Q&A with USC’s Director of Admissions, Ashley Sim, who provided an overview of LLM programs and scholarship opportunities.

Additionally, a second session covering the ADR job market in the United States was hosted by Gould's dedicated career advisor, Amanda Thyden.

Both sessions can be viewed by clicking the images to the right.

CPR International Mediation Competition

This April, USC Gould's Center for Dispute Resolution was once again a proud sponsor of International Institute for Conflict Prevention & Resolution's International Mediation Competition (IMC), a leading international mediation competition held in Latin America that promotes mediation across the globe while also showcasing the leadership of the Brazilian community.

This year’s IMC had nearly 200 participants from across the world, including:

• 18 teams
• 31 judges
• 12 volunteers
• 13 organizing committee members
• Countries represented included: U.S., Canada, Brazil, UK, Austria, India, Australia, Kenya

The Center for Dispute Resolution was represented by the USC International Office Director in Brazil, Marcus Costa, who attended the events at Insper in São Paulo.

ADR Law & Policy by Lecturer and Alumnus, Sean Galliher

In January and February 2024, Center Lecturer Sean Galliher opened his ADR Law & Policy classroom to anyone interested in learning more about ADR. Galliher teaches the course alongside fellow LLM in ADR graduate, Joseph Jeong.

International Arbitration Greek Women's Group Launches

USC Gould School of Law Center for Dispute Resolution lecturer Katia Yannaca-Small was one of six international arbitration practitioners of Greek origin from across the globe to establish a group for Greek women in arbitration, aiming to promote professional development, networking and mentoring.

The Greek Women in International Arbitration Group (GreekWIAG) was officially launched at the Athens Arbitration Days on October 17-23, 2023.

Yannaca-Small says the group was formed to be a “forum and supportive network for experienced, new and aspiring practitioners alike.” It aims to connect Greek women in the arbitration community around the world and provide opportunities for networking, training and mentoring.

The group now counts among its members more than 65 practitioners based in the Americas, Europe, the Middle East, Africa and Asia. These include counsel, arbitrators, academics, institutional representatives, government lawyers and students.

Fouchard Paefstratiou comments that GreekWIAG “emphasizes mentoring for the younger generation of Greek lawyers to help them advance their careers in international arbitration.” Paralika says GreekWIAG will organize not only social gatherings but also “periodic virtual thematic events,” starting from spring this year.

The first of these events featured a discussion between White & Case associates Evanthia Kasiora and Polly Efstratiadi on a recent Greek court ruling that a commercial arbitral tribunal had no jurisdiction to address EU law matters following the European Court of Justice’s ruling in Achmea.

The second event on March 27, 2024, featured Kim & Chang attorney Evgenia Stavropoulou who discussed arbitration and trusts, in light of the recent decision of the Bahamas Supreme Court in favor of an Italian individual against his father.

The founding board of GreekWIAG:

• Athina Fouchard Papaefstratiou, independent arbitrator (Paris)
• Christina Hioureas, partner and co-chair of the international litigation & arbitration department and chair of the United Nations practice group at Foley Hoag (New York)
• Stella Leptourgou, counsel at the ICC International Court of Arbitration (Paris)
• Anna Mantakou, independent arbitrator at Mantakou-Dougka (Athens)
• Marily Paralika, partner and head of international arbitration at Fieldfisher (Paris)
• Katia Yannaca-Small, senior international arbitration advisor at Arnold & Porter and lecturer at USC Gould School of Law (Washington, DC and Los Angeles)

ADR Profile: Two Sides to Every Story

As appeared in the Daily Journal, January 2024

As a USC undergraduate, mediator Michael L. Ludwig studied computer science, an area of academic focus that he feels has a great deal in common with the practice of law.

"In computer science and computer programming, the work is very logical and precise," Ludwig said. "You need to make a program flow from one command to another to another. I found crafting legal arguments to be very similar in the respect that you have to make a logical progression step by step by step to your legal conclusion."

Ludwig said time spent during his early college years with friends who were enrolled in law school sparked his own desire to pursue a legal career. A 1994 USC Gould School of Law graduate, Ludwig was introduced to employment litigation early on as an attorney, and he practiced labor and employment law for more than 25 years, representing employers.

Read more below on how Ludwig launched a second career in 2022 as a full-time employment law mediator.

Read the full article here.

USC Gould Dispute Resolution Society:

A Champion of ADR Discussion with the Honorable Dorothy Wright Nelson

The USC Gould Dispute Resolution Society organized a presentation on March 1, 2024, by The Honorable Dorothy Wright Nelson, Senior Judge of the U.S. Court of Appeals for the Ninth Circuit.

Judge Nelson spoke of her vast career, including her significant contributions to the advancement of mediation and ADR in the legal profession.

With strong ties to Gould, she received her Master of Laws degree from USC Gould in 1956 and then served as Dean from 1969 to 1980, making her the first female dean of a major American law school.

During her time at USC, she promoted mediation and arbitration in her courses. As a judge, she expanded the use of alternative dispute resolution in appellate courts. Judge Nelson and others founded the Western Justice Centre Foundation, which teaches peaceful dispute resolution methods in communities. In addition to this work Judge Nelson also ruled famous cases such as the more recent unprecedented County of Maui v. Hawaii Wildlife Fund (2020).

Students were thrilled by the opportunity to hear from an exceptional individual in the profession and hear the impact she has had in her career. 

SCMA's Family Mediation Institute: USC Gould Student Sponsorship

On April 20, SCMA held its 7th Annual Family Institute Conference at California State University, Dominguez Hills, marking a significant gathering for those invested in the evolving field of family mediation, and including student attendees sponsored by the Center.

This year's conference, themed "Conductors of Peace: Orchestrating Family Harmony," attracted a wide range of participants, from seasoned practitioners to academics, all drawn together by a common interest to explore and discuss strategic pedagogies for conflict resolution within family contexts. 

The conference was enriched by this year’s keynote speakers, Forrest Woody Mosten and Judge Elizabeth Scully, who delivered their wisdom on creating lasting agreements that serve the best interests of all parties involved. Their insights were complemented by the closing address from Kate Anthony, an author, coach, and podcaster, who presented about navigating the complexities surrounding marital issues.

The conference program consisted of seminars, plenary sessions, and workshops, facilitated by renowned speakers for their expertise in the field. The event featured two specialized tracks focusing on divorce mediation and family mediation. Sessions within these tracks spanned a variety of topics, from probate issues to transformative mediation techniques, offering attendees a comprehensive overview of the complex nature of family mediation.

ADR Scrimmage

Thank you to USC Gould Mediation Advocacy Professor, Jason Marsili, for facilitating this year's ADR Scrimmage held on April 10, 2024, against the University of Illinois College of Law!

Each semester, students take advantage of a variety of experiential learning and networking opportunities available from USC Gould School of Law, and the ADR Scrimmage is one such example that allows students to simulate a mediation and receive insightful feedback.

Launching Your Mediation Practice Workshop

On March 9, 2024, Center students welcomed esteemed mediators Richard Erhard, Mark Lemke, Jennifer Terando, and LLM in ADR alum Kuandyk Yelmanov to campus for a four-hour immersive discussion: Launching Your Mediation Practice.

The panel shared advice for starting a mediation practice as well as their viewpoints on the state of mediation, and welcomed student questions on a variety of business-related topics. They encouraged students to network, intern, and volunteer with local dispute resolution organizations and find mentors who can guide them in the developing dispute resolution field.

We look forward to hosting a similar event next year so our LLM in ADR and MDR students are supported as they determine next steps for their careers.

Hazel Navarez | LLM in ADR 2023

Hazel Navarez is an aspiring legal professional who graduated with an LLM in Alternative Dispute Resolution in December 2023.

Moving from the Philippines, her fascination with the intricacies of the legal system found a perfect home in the dynamic environment of California with USC Gould’s global reputation and exceptional ADR program. 

Why did you choose to pursue your degree at USC Gould? 

I have always wanted to further my legal education after obtaining my Juris Doctor degree in the Philippines.

My goal was to learn in a dynamic environment, much like the U.S., with diversity and vast learning opportunities. California, with its rich landscape for exploring dispute resolution and opportunities for networking with like-minded professionals, became the perfect place for my career development.  

My pursuit of growth as a legal professional, mediator and individual led me to USC Gould’s LLM in ADR program. USC is recognized as one of the top 20 law schools in the U.S. and holds a global distinction in offering one of the top 10 dispute resolution programs from LLM GUIDE. They provide hands-on dispute resolution training through their clinics and have a Recognized Course Provider status with the Chartered Institute of Arbitrators (CIArb). As one of only three recognized institutions in the U.S. by CIArb, I am eligible to join CIArb and receive a certification at the member level upon completion of my studies. 

Before applying for my LLM in ADR degree, I received encouragement from a friend who is an alumna of USC Gould’s LLM in ADR program. I even participated in USC's webinar introducing the ADR program and SCMA's "So You Want To Be A Mediator, What Now?" webinar. These experiences not only deepened my understanding of the program but also ignited my passion to join the field of dispute resolution.

Another reason I wanted to study at USC Gould, with its top-notch program, is my firsthand experience in assisting courts and administrative bodies in the Philippines in drafting case decisions where I’ve witnessed the consequences of protracted legal battles, and the strain on overloaded court dockets. I wanted to contribute to alleviating these issues not just in my country, but in others as well.

What sparked your interest in the law?

Growing up, I had an interest in TV shows and news segments centered around discussions of law, and I would enthusiastically engage in conversations with my parents about my fascination with seeing how the law shapes systems to establish order and provide a framework for society to tackle moral dilemmas. I recall watching a TV show that portrayed a courtroom scene where lawyers passionately advocated for their clients and judges rendered case decisions. These experiences played a role in sparking my interest in studying law and pursuing it as my profession where I could contribute to society, whether by championing the interests and rights of others or resolving their conflict out of court. I've always identified with the values of peace, order, and fairness, and have a passion for assisting individuals in resolving their issues, which is why I find the legal profession to be service-oriented and in alignment with my aspirations.

What captivates me even more is that, despite often being jurisdiction-specific, the law inherently carries elements of diversity and international relations. This field offers an array of specializations, both within and beyond the courtroom.

Can you tell us about your current work in dispute resolution?

Currently, I serve as a Committee Member for the Southern California Mediation Association (SCMA), California's largest professional mediation association. My role involves contributing to SCMA's overarching objective of advancing and advocating for the practice and profession of mediation in the U.S. and in other countries. I continuously enhance my knowledge in mediation and refine my skills through active engagement with well-esteemed professionals in the field and participation in various SCMA conferences.

Through the USC Practical Mediation Skills Clinic class and in collaboration with the Center for Conflict Resolution (CCR) and their dedicated mediators, I mediate actual small claims and civil harassment cases at Los Angeles County Courts. Building on this foundation, I became a Mediation Clinic Graduate Fellow, extending my commitment to mediating cases and supporting fellow USC Gould ADR students in their mediation efforts in this course. 

I also became the Co-Vice President of the Gould Dispute Resolution Society (GDRS) of the USC Center for Dispute Resolution, with the goal of fostering educational and practical opportunities in the realm of dispute resolution, facilitating events that encourage networking, and promoting relationship-building between students and seasoned professionals in the field.

What is the most memorable experience or learning from your USC studies? 

The experiences I’ve had during our Practical Mediation Skills Clinic class were truly remarkable. It allowed me to engage in mediating actual small claims and civil harassment cases within the Los Angeles County Courts, providing an unparalleled learning experience. Under the expert guidance of professors Richard Peterson and Michael Karagozian, this course challenged me and gave me a profound insight into mediation, effectively translating theory into practice. It is incredibly uplifting to hear from parties who have expressed their gratitude, acknowledging the role of mediation in fostering communication and finding resolutions. Knowing that we've empowered them to make well-informed decisions, offering an experience often quite different from a courtroom trial, is truly heartwarming. This experience facilitated my meaningful interactions with individuals from diverse backgrounds, ADR students, court officials, lawyers, and judges.

Further, I've taken part in courses involving immersive simulations of mediation, arbitration, and negotiation. It has enriched my understanding of dispute resolution. These experiences and learnings proved invaluable in honing my conflict resolution skills, not only as a professional but also as an individual, considering that negotiations, in various forms, are a constant presence in our daily routines, from minor day-to-day interactions to high-stakes endeavors.

How has your degree from USC Gould given you an advantage in your career? What do you want to do next?

As an international student holding a JD degree from abroad, my LLM in ADR program at USC Gould has been instrumental in navigating my transition and establishing a strong foundation for my career in the legal and dispute resolution field in the United States. The program has provided me with valuable networking opportunities with esteemed professionals in the industry. In addition to my mediation experiences, my studies have been enriched by my participation in the International Arbitration course under Professor Nathan O’Malley, which granted me the eligibility to join the Chartered Institute of Arbitrators (CIArb) at the member level.

I have also had the privilege of being a Teaching Assistant for ADR courses such as Negotiation Theory and Application, ADR Law and Policy, and Dealmaking in the Entertainment Industry, which have greatly enhanced my grasp of dispute resolution.

I intend to sit for the California bar exam, earning my license as a lawyer in the US. I aim to fuse my legal knowledge with my mediation, arbitration, and negotiation skills as I embark on my future career, creating a harmonious blend of skills and insight.

What advice do you have for students who may be interested in following a similar path to yours?

For aspiring students, especially those who are international or specifically interested in the LLM in ADR or Master of Dispute Resolution (MDR) degrees, a piece of advice: when that incredible opportunity comes knocking, and you’re set on broadening your horizons in dispute resolution or on seamlessly blending your work experiences with ADR, take the plunge and set your course toward becoming a peacemaker! 

It's never too late to chase a new dream, and unexpected opportunities often await around the corner. Even if you already have a legal background or knowledge in dispute resolution, further studies can be a pivotal step in advancing your career and personal growth. Have faith and if it's meant for you, it will happen, no matter the odds.

Keep pressing forward and always remember: Fight On!

Jenny Januszewski | MDR 2024

This April, USC Gould School of Law held our annual award ceremony, recognizing exceptional faculty and students from the academic year.

This year, dispute resolution student Jenny Januszewski (MDR 2024) received the annual Graduate & International Programs Student Award for her dedication to her work as a student at the Center.

Melinda Feldman, Jack Gannon, Xochilt Rosas I

MDR 2022

MDR alumni Melinda Feldman, Jack Gannon and Xochilt Rosas have launched a new mediation firm, Advanced-Mediation-Solutions, a venture that began with a shared passion for conflict resolution, fostering understanding and the belief in the power of mediation.

Through their new practice, they hope to guide individuals and organizations toward amicable outcomes, including resolving workplace conflicts, facilitating difficult conversations, or helping with personal disputes. We are so proud of these Gould ADR alumni collaborating to bring their education at the Center to create meaningful impact. Fight On!

Erin Brennan | LLM in ADR 2024

Recent graduate and LLM in ADR alumna, Erin Brennan, will be joining the American Arbitration Association's Los Angeles office as the Director-ICDR. In this role, she will be involved in case management for ICDR users and outreach for the Los Angeles region, building on her International Affairs undergraduate and LLM graduate degrees. 

Ayesha Siddiqui | LLM in ADR 2023

LLM in ADR alumna, Ayesha Siddiqui, is now a practicing criminal defense advocate at the Calcutta High Court in Kolkata, India.

Shubhangi Nangunoori | LLM in ADR 2023

LLM in ADR alumna, Shubhangi Nangunoori, has been working with FINRA as a Case Administrator in the Dispute Resolution Sector for Arbitrations for the past year.

Bruna Scotti Abreu | LLM in ADR 2023

LLM in ADR alumna, Bruna Scotti Abreu, was invited to speak on a panel during the ABA International Labor and Employment Law Committee Midyear Meeting, taking place in Mexico City this May.

The panel discussed Emerging Areas of Protection against Discrimination around the Globe.

Hazel Navarez | LLM in ADR 2024

LLM in ADR alumna, Hazel Navarez, has joined a personal injury law firm in downtown Chicago, Illinois, at the Law Offices of John A. Ranieri, LLC. She hopes to broaden her perspective and explore more of the U.S. legal field, ultimately using the ADR knowledge and skills she acquired from USC Gould.

Jennifer Winestone | Lecturer in Law

Divorce and Family Mediation Professor Jennifer Winestone, along with her colleague Jeffery Jacobson, have been working for almost two years on creating legislation for a joint petition form/process for divorce, which would provide California families with the necessary infrastructure to support cooperative divorce, early dispute resolution and help to minimize conflict.

 As a result of their efforts, last week, Sen. Ben Allen introduced Senate Bill 1427. If passed, SB1427 will provide a pathway for separated spouses to jointly petition for divorce, with the dignity of equal footing and balance, without the need to set claims, anchor to facts, or be formally served. And, in the event that they cannot reach agreement or either party later requires the intervention of the court, the process provides for a safe 'offramp' to the traditional process.

Thomas Lenz | Lecturer in Law

Labor and employment lecturer, Thomas Lenz, appeared on the Your Legal Rights radio show to discuss new workplace laws, among a variety of news interviews and presentations discussing workplace laws, labor law trends in California and nationally, and harassment prevention.

Additionally, he was interviewed by Law360 on issues related to union organizing campaign activity involving Starbucks Coffee employees, and recently won a summary judgement in federal court in the District of Colorado against a against a multi-employer pension plan with our challenge to an assessment of “withdrawal liability.”

This summer, he will continue his advocacy and legal work when he joins a panel at the National LERA Annual Meeting in New York, NY, on issues related to the National Labor Relations Board ruling changing the framework for how employees gain union representation. 

The Power of Civil Discourse in Negotiation and Dispute Resolution:

Achieving Better Outcomes for Everyone

Professor Richard Peterson, Director of the USC Gould School of Law Center for Dispute Resolution

In today's complex and interconnected world, conflict and disagreements are inevitable. Whether in personal relationships, business dealings or international diplomacy, the ability to engage in civil discourse plays a crucial role in resolving disputes and reaching mutually satisfactory agreements. By fostering a culture of respect, empathy and open communication, individuals can overcome barriers and work toward solutions that benefit all parties involved. 

The Value of Civil Discourse in Dispute Resolution:

Civil discourse is essential in dispute resolution as it allows individuals to communicate effectively, understand each other's perspectives, and collaborate towards finding common ground.

English composer John Powell(1), wrote, "Communication works for those who work at it.” The key to successful dispute resolution lies in open and respectful communication between the parties involved. By engaging in civil discourse, individuals can avoid misunderstandings, build trust and foster a cooperative atmosphere conducive to problem-solving. Civil discourse helps parties move beyond entrenched positions towards exploring shared interests and creative solutions that address the root causes of conflict.

Moreover, civil discourse in negotiation is key to achieving durable and sustainable agreements that are fair and equitable. As stated by Fisher and Ury(2) in their seminal book Getting to Yes, “…successful negotiation requires a focus on principled negotiation,” characterized by separating people from the problem, focusing on interests rather than positions, generating a variety of options for mutual gain, and insisting on objective criteria when searching for those options. Civil discourse allows parties to express their needs and concerns constructively, leading to solutions that reflect the interests and priorities of all stakeholders. This approach increases the likelihood of agreements being implemented and upheld in the long term, benefiting everyone involved.

Strategies for Implementing Civil Discourse:

Active Listening: Active listening is a fundamental component of civil discourse in dispute resolution and negotiation. Author David Augsburger(3) observed that "Being listened to is so close to being loved that most people cannot tell the difference." By listening attentively, refraining from interrupting, and asking clarifying questions, individuals can demonstrate respect and empathy towards the other party, building trust and rapport. Active listening helps parties gain a deeper understanding of each other's perspectives, interests, and emotions, paving the way for constructive dialogue and creative problem-solving.

Seeking Common Ground: Seeking common ground is another key strategy in implementing civil discourse in dispute resolution and negotiation. Roger Fisher, referred to above, has said, “True negotiation is about finding common ground, not imposing one’s will on the other side.” When two people disagree, they often focus on their differences. Finding common ground can help them see that they may share more similarities than they realize. By focusing on shared interests and mutual goals, parties can identify areas of agreement and collaboration, even in the midst of conflict. This helps establish trust and rapport between the parties, leading to more civil and collaborative communication. Seeking common ground, however, does not require pretending that differences do not exist. Former diplomat and author John Graham(4) has written, “Finding common ground with other people does not mean finding absolute agreement. Common ground is shareable ground whose boundaries are marked by a range of actions that all can live with. You and your neighbor may not vote for the same political candidate, for example, but your shared belief in elections, free speech, and the democratic process is common ground.” Seeking common ground allows parties to move away from positional bargaining towards a more integrative and cooperative approach, increasing the chances of reaching mutually beneficial outcomes.

Promoting Empathy and Understanding: Empathy and understanding are essential elements of civil discourse in dispute resolution and negotiation. By putting oneself in the shoes of the other party, individuals can develop a deeper appreciation for their perspectives, emotions, and motivations. Author Roy T. Bennett(5) once said, “Sometimes all a person wants is an empathetic ear; all he or she needs is to talk it out. Just offering a listening ear and an understanding heart for his or her suffering can be a big comfort." Empathy helps bridge differences, de-escalate tensions and build a connection based on mutual respect and understanding. By fostering empathy, parties can create a more collaborative and constructive atmosphere that facilitates effective communication and problem-solving. As author and leadership expert Steven R. Covey(6) wrote, “When you show deep empathy toward others, their defensive energy goes down, and positive energy replaces it. That's when you can get more creative in solving problems.”

Conclusion

Civil discourse is a powerful tool in dispute resolution and negotiation, leading to better outcomes for everyone involved. By practicing active listening, seeking common ground, and promoting empathy and understanding, individuals can create a culture of respect, collaboration and mutual benefit. Civil discourse enables parties to communicate effectively, understand each other's perspectives, and work together toward finding creative and sustainable solutions to conflicts. As noted by American diplomat and author Chester Bowles(7), "There is no substitute for open and honest dialogue in resolving disputes." By embracing civil discourse, individuals can overcome barriers, build trust, and achieve outcomes that are fair, equitable, and mutually satisfactory for all parties.

References:

1. Powell, John, “Will the Real Me Please Stand Up? (So We Can All Get to Know You: 25 Guidelines for Good Communication), Thomas Moore Press, January 1, 1985
2. Fisher, Roger, and Ury, William. "Getting to Yes: Negotiating Agreement Without Giving In." Penguin Books, 2011.
3. Augsburger, David W., “Caring Enough to Hear and Be Heard: How to Hear and How to Be Heard in Equal Communication,” Baker Publishing Group, January 1, 1982
4. https://www.johngraham.org/coach/17-finding-common-ground-negotiating-and-resolving-conflicts-part-i
5. Bennett, Roy T., “The Light in the Heart, Inspirational Thoughts for Living Your Best Life” November 15, 2021.
6. Covey, Steven R., “The 7 Habits of Highly Effective People: 30th Anniversary Edition” Simon and Schuster, May 19, 2020
7. Bowles, Chester. " Promises to Keep: My Years in Public Life." Harper and Brothers, 1972.