The USC-JAMS Arbitration Institute hosts an annual symposium featuring captivating keynote speakers and knowledgeable panelists from around the world speaking to timely issues in international arbitration.

The 7th Annual International Arbitration Symposium was held on March 16, 2023, in partnership with SIAC, the Singapore International Arbitration Centre, at USC Gould.

Topics covered ranged from anti-suit injunctions to third-party evidence, corporate counsel approaches to arbitration, and disputes in the life sciences. The keynote address was delivered by Sheila Ahuja, Partner, Co-Head of India Practice Group, Allen & Overy in Singapore, covering the issues and challenges arising from anti-suit relief sought involving non-parties.

In her keynote, she addressed how anti-suit injunctions are often sought when court proceedings are commenced in breach of an arbitration agreement.

She discussed how things are not quite streamlined when anti-suit injunctions are brought by – or against – a non-party who, prima facie, is not entitled to rely on the arbitration agreement. What are the issues and challenges confronting a non-party in such situations? How have courts and tribunals dealt with these questions, particularly in a domain where caution and comity are commonly preached? Her keynote addressed these essential elements for this year's attendees to spark understanding and conversation.

Attendees - including a number of USC Gould dispute resolution students and alumni - had the opportunity meet notable panelists and network at post-event receptions and were able to earn MCLE credit for their attendance.

The Center's Director, Professor Richard Peterson, participated in the 2nd Annual GEMS Leadership Conference, a day-long conference hosted by the Center for Gender Equity in Medicine and Science at USC Keck School of Medicine.

Prof. Peterson's session, “Productive Conflict: Conflict Resolution and Mediation Workshop," was aimed to educate those in the medical field on how to turn conflict into a tool for positive change. He spoke alongside Alan Nager, MD, Director, Emergency and Transport Medicine, CHLA, and Alana Epstein, MSW, LCSW, Faculty Support, Medical Staff Services at Children's Hospital of Los Angeles.

Congratulations to all who participated in the 2023 CPR International Mediation Competition in São Paulo, Brazil!

The USC Gould Center for Dispute Resolution was proud to collaborate with the International Institute for Conflict Prevention & Resolution and sponsor the competition. The Center was represented by Associate Director Ashley Sim and USC Brazil Director Marcus Costa at the competition, which was held on the campus of Insper.

To welcome some of our future students, USC Gould and the Center hosted our Admit Day for Fall 2023!

Our Fall 2023 admitted students were able to experience the unparalleled community of USC Gould School of Law, sitting in on a class and networking with faculty, students and alumni, including a class taught by Center Director, Professor Richard Peterson.

We are thrilled to welcome these new students to the Center and can't wait to see them around campus this fall!

In the article below, Jones Day Partner and USC LLM in ADR student, Daniel D. McMillan, discusses ADR as it specifically pertains to the construction industry, including how to tailor a dispute resolution plan into contracts.

Alternative Dispute Resolution (ADR) plays a significant role in the resolution of disputes within the construction industry. However, parties to construction contracts and their counsel frequently defer focusing on ADR clauses until late in the contract negotiation and drafting process. Parties often treat ADR and related forum selection clauses as boilerplate, recycling or combining clauses from one or more prior agreements without careful consideration as to whether the clauses achieve their intended purpose. The practice of relegating discussion of ADR clauses to the end of the contract drafting process is why such clauses are referred to as “midnight clauses.”

Leaving ADR clauses until the end of the contract drafting process or simply cutting and pasting ADR clauses from prior contracts or industry model contracts can result in a dispute resolution process ill-suited for the project. Just as size and style are critical when selecting a satisfactory shoe, so too must ADR be properly fitted to effectively serve the project and the parties.

Unfortunately, a poorly drafted ADR provision or forum selection clause in a construction contract can lead to the very same problems the parties sought to avoid, and then some. Failing to incorporate appropriate ADR processes into a construction contract may result in a minor issue blossoming into a major dispute or collateral squabbles over the dispute resolution process itself. Not understanding implications of what appear to be minor wording differences when drafting ADR provisions and forum selection clauses can lead to unintended consequences, unpleasant surprises, and increased delay, expense, and inconvenience, as the parties fight over procedural issues rather than resolving the substance of their disputes. Worse yet, the end result might be litigation over ADR provisions that were intended to keep the parties out of the courthouse in the first place.

This article discusses some of the major ADR options that can be incorporated into construction contracts, as well as some key pitfalls and issues associated with adapting ADR clauses for construction contracts. Read the full article here.

USC Gould was proud to be named as a top law school for practical training, specifically citing the Center's Practical Mediation Skills Clinic, which allows students to put theory into practice by mediating real cases in small claims and civil harassment courts of Los Angeles County.

Additionally, Gould was named to the law school honor roll as a top school in Alternative Dispute Resolution Law.

This April, the Center hosted our annual mediation workshop featuring Wendy Kramer that focused on the integral elements of building a business dedicated to mediation.

One of our LLM in ADR candidates, Nausha Hiren Naik, a mediator for the Center for Conflict Resolution (CCR) and YCM Conflict Management & Mediation Initiative Peace Ambassador for the U.S., shares her thoughts on the workshop below.

Attending Wendy Kramer’s Launching Your Mediation Practice workshop was an invaluable experience for learning the intricacies of kick-starting a mediation practice. Kramer’s mentoring approach provided practical guidance, leading us through each necessary step for starting and growing a successful mediation practice. She covered essential topics such as creating a business card, developing a rate sheet, building a website, networking, and outlining daily mediation practices such as case management, preparing intake form, billing, and follow-up on cases that did not settle, among many others.

While every minute of the workshop was helpful, the highlight for me was learning about the “7 touches” concept for marketing and networking in mediation practice. She shared insights from her own practice on how to build a database and maintain network over time to help develop the client base. Additionally, she offered individual advice on defining our practice by identifying our niche subject areas, choosing the appropriate networks to target for potential clients, and areas to improve to become the best in our practice.

Overall, Ms. Kramer was like having a supportive mentor to guide me in the right direction. The practical advice and insights she shared helped me feel confident in my ability to launch a successful mediation practice. I am thankful to the Graduate and International Programs team at USC Gould for providing me with the opportunity to attend it, and I would strongly recommend it to anybody interested in starting or growing their mediation practice.

Congratulations to our Gould students on a successful mediation with the University of Illinois College of Law! The Center was proud to have hosted the annual mediation scrimmage with such a great team representing USC Gould School of Law. Below, MDR candidate and Graduate & International Programs' Student Services Advisor, Stephanie Moran, shares her scrimmage experience:

Earlier this month, I had the opportunity to represent USC Gould in a mediation scrimmage against the University of Illinois as part of Professor Jason Marsilli’s Mediation Advocacy class. I was admittedly nervous to see how I would fare in a higher stakes situation; the extent of my formal mediation experience up to this point was limited to our classroom simulations. This was also the first time I would be participating in a multi-party mediation and I was unsure how each of our slightly different interests would be communicated to the mediator and opposing side.

The Center's advisors and faulty love to connect with our current students throughout the year.

We were proud to host this semester's ADR lunch with such a great group of students in our Trojan Family!

LLM in ADR student Bruna Scotti Abreu found mediation after a path through interests in journalism and employment law. Ultimately, she has always been driven to continue learning and helping others. In this Q&A, learn why she chose USC Gould School of Law’s dispute resolution program and what she has planned for her future in law.

Before studying law, I studied journalism for two years. I have always loved to talk with people and know their stories. I thought that journalism was a good path for me, but, during college, I realized that I could apply these skills to another profession: law. I realized that I didn’t want just to hear and tell people’s stories, but I also wanted to help them somehow. I believe being a lawyer focused on employment law has helped me to achieve this, and I hope to continue working in employment law after graduation. When we choose law as a career, we never stop studying and we are learning every day.

After I finished my bachelor’s degree, I studied labor and employment law at law school. For my final paper, I wrote about ADR methods in the Brazilian Employment Court. That was my first immersion into ADR, which was barely discussed in law school. After that, I started to study interest-based negotiation and then, about mediation. The regulation of mediation in Brazil is relatively new, so I felt the need to learn more about the ADR methods in a place that has been utilizing them for a longer time, such as in the U.S. I chose USC Gould because its Center for Dispute Resolution is renowned in the area of ADR while having the structure and benefits of a top 20 law school.

From the moment I decided to apply to USC, everyone at Gould was so responsive and helpful with the questions that I had. Later, as I prepared to come to the U.S., I felt that the G&IP Office helped to make me feel at home at USC. It was a great experience and I felt very welcomed. The first months of the program require a lot of adjustment, but with the support of USC and with the friends I made here, it became a lot easier.

During my first semester of the LLM program, I chose courses that had in-class simulations of mediation, negotiation and arbitration. We had those every week and I learned a lot in each class. It was great to have the opportunity to put into practice what we learned in theory. This in-class experience made me realize that I want to use the knowledge that I have about mediation and negotiation to be a better lawyer. I believe that knowing the mediation process, how to negotiate and how to get the best out of these methods will enable me to offer a better service for my clients.

The LLM degree from Gould has opened a lot of doors for me and I plan to explore these opportunities. After graduation, I plan to continue working in employment law, but also use the knowledge that I gained from the LLM in ADR program to solve my clients’ conflicts in the most effective way. I also plan to sit for the California Bar Exam after graduation.

I first learned about LLM programs when I came to U.S. to study Business English in 2019. I always dreamed of studying in another country, and the program looked like the perfect fit for me. However, from the time I decided to apply for an LLM program to the time I arrived, I faced many challenges. And I can say now that it is worth the effort! When I was preparing to start the USC Gould LLM, one of my mentors said: “this year is going to be amazing in the same proportion that is going to be hard” I have found this to be true. It's not easy to learn so much in a short period of time and grow to be a better professional (and person), but when you accomplish your goals, it’s a great feeling. My advice is to not give up when things look hard (or even impossible) - you got this! Fight On!

Stephanie Moran (MDR Class of 2024) is a student services advisor for USC Gould’s Graduate & International Programs who decided to pursue a Master of Dispute Resolution (MDR) to better advocate for students navigating their academic journey at USC.

In this Q&A, learn why she chose USC Gould School of Law’s dispute resolution program and her most memorable experiences as a student so far.

My interest in the law was sparked in my early childhood after a visit to my mom’s law office for career day. The attorneys at her firm set up a mock trial so that we could try our hand at lawyering. My client was unfortunately found guilty, but it sparked a strong interest in the law nonetheless.

I chose to pursue my degree at Gould because of the professors and class structure. I've really enjoyed the fact that many of my classes incorporate simulation. As someone completely new to mediation, it was important for me to be able to practice and learn from real-time feedback. I appreciate that my professors are practicing attorneys and mediators who can offer practical guidance.

My transition to the program was much easier than I expected. The long days of work and school were definitely tiring at first, but I was able to find a good rhythm after a few weeks. My advisors helped me choose classes that fit best with my full-time work schedule and offered drop-in hours during the first few weeks as a resource during that initial adjustment period. It was also helpful to connect with the students in my program who are balancing full-time work and school.

One of my most memorable learning experiences has been my Contract Drafting and Negotiation course with Professor Christine Min. Near the end of the semester, I found myself needing to negotiate a new housing contract. I went into my negotiation equipped with the tools Professor Min taught us and was able to successfully negotiate better terms. I was excited I was able to put the skills I’d learned into practice so quickly and felt that she had prepared us well in the few short weeks we had been in class.

Outside of class I have enjoyed volunteering with Team Trojan for WalkUnited LA and volunteering as a mentor for USC undergraduate international students. Another standout moment from last fall was performing alongside the Trojan Marching Band at the homecoming game as an alumni member. Being in the band was one of my favorite undergrad activities and it was so special to be able to relive those moments last fall.

My degree from Gould will help me better advocate for students navigating their academic journey at USC. I am excited that I have already been able to apply some of the mediation best practices at work with students. My plans after my program are to continue my career in higher education as an academic advisor.

Congratulations to the Center's Professor Richard Erhard on his recent induction into the National Academy of Distinguished Neutrals (NADN)! A well-respected leader in mediation, he brings experience and optimism to his teaching and practice.

I must admit, my nomination last October to membership in the National Academy of Distinguished Neutrals (NADN) came as a complete surprise! Following a call from the Academy’s Executive Director, Darren Lee, who let me know about my nomination, I anxiously waited two months for the Academy to complete their vetting process, which I will note, included interviews with professional peers, clients and associates, some from both sides of the table.

In early December, I received an email from Darren Lee with the following message, “Following our peer-vote review and completion of due diligence client interviews in recent weeks, I'm pleased to confirm your induction to the California Chapter of the National Academy of Distinguished Neutrals for 2023”. I am truly humbled by this recognition. To be recognized by your peers, in my opinion, is the greatest honor bestowed on an individual, regardless of the field. For this recognition, I am truly grateful! To my colleagues in the Southern California dispute resolution community, for both seeing and supporting me on my journey, from my earliest mediation training more than thirty years ago, to my ongoing involvement with the Southern California Mediation Association, with its diverse and highly skilled members, to the University of Southern California Gould School of Law, who currently provides me, a professional educator and mediator, the platform, and students, to both hone and grow my dispute resolution skills, as well the opportunity to impact the learning of others. I thank each and every one of you for this vote of confidence.

Richard Erhard served public education agencies for nearly three decades in two states, culminating with his position as an assistant superintendent of student services. He is currently Principal | Owner of the consulting firm, Richard Erhard and Associates, LLC, which he formed to provide mediation and consultation services focusing on educational disputes. He provides consultation, coaching and professional development workshops to assist organizations and individuals with first identifying and then effectively communicating their areas of agreement and disagreement to reach mutually agreed upon solutions.

In January 2019, Mr. Erhard joined the adjunct faculty of the USC Gould School of Law, Center for Conflict Resolution, as a lecturer in law, where his courses include: Special Education Dispute Resolution, Directed Research and most recently Mediation Theory and Practice. 

Symposium Alumni Connections 

LLM alumni Fernanda Flores (LLM in ADR 2020) and Tuyana Molokhoeva (LLM in ADR 2022) returned to campus for our USC-JAMS Arbitration Symposium and connected with our current LLM students Bruna Abreu and Shaima Alharbi!

Tuyana is General Counsel at Quandary Peak Research. Fernanda is a mediator with Southern California Family Mediation.

Jeff earned his LLM in ADR from the Center in 2021, and has just been accepted to business school at UCI. He will pursue his MBA as part of their part-time hybrid program. Congratulations, Jeff!

Ghobad Sam Doost | LLM in ADR 2019, MCL 2020

After graduating from the Center with an LLM in ADR, Ghobad was admitted to the Master of Comparative Law program at USC Gould School of Law to continue his legal studies. He now works in criminal law in the Northern California court system, and has recently been admitted for his PhD in International Legal Studies with a thesis topic related to international arbitration to Golden Gate University. Congratulations, Ghobad!

Purdue University Global, the parent organization for Concord Law School, hosted a 25th anniversary celebration for Concord Law School in February. USC Gould ADR Lecturer, Jack Goetz, was presented with the Founder's Award, with the following accompanying description in the program:

 "Jack Goetz had the audacious vision of launching a fully online law school back when most people had dial-up internet and many people still did not have an email address. As Concord's founding dean, he turned that dream into a reality, enrolling the first JD students in 1998 and the first EJD students just one year later. Under Jack's leadership, the law school not only survived but thrived, enjoying tremendous growth. His founding of Concord is part and parcel of his broader commitment to legal education and the legal profession that has spanned nearly half a century." Congratulations, Jack!

Putting his MDR degree to work, Walter volunteers for the Center for Conflict Resolution. He has mediated small claim case disputes - including insurance claims, landlord tenant disputes and merchant disputes - at LA County Courthouses in Inglewood, Santa Monica, Pasadena, and Compton.

He continues to build on his experience, hoping to work as a professional mediator That's because I would like to become a professional mediator in the field of special education. Fight On, Walter!

As the school year comes to a close, it's another bittersweet moment for all of us here at the USC Gould Center for Dispute Resolution. We are sad to say goodbye to those students who are graduating and moving on to the next chapter in their lives. However, we are also incredibly proud of their achievements in our program and excited to see what the future holds for them.

Over the course of their time with us, these students have developed their dispute resolution knowledge and skills, and it has been a joy to watch them grow and flourish. They have worked hard to reach this point, and we know that they will go on to accomplish great things in their future careers.

As we say farewell to these graduating students, we also look forward to welcoming our next group of students who will soon begin their ADR educational journey. We are excited to see what this new group will bring to the program and can't wait to help them develop their own skills and knowledge in this important field. Together, we will continue to work towards creating a more peaceful and just society through the use of alternative dispute resolution methods. Fight On!