20th Anniversary Conference: "DEI and Dispute Resolution: Reimagining the Field"
20th Anniversary Conference: “DEI and Dispute Resolution: Reimagining the Field”
The Center for Negotiation and Dispute Resolution (CNDR) is celebrating its 20th Anniversary with two separate events, an evening reception on November 3rd, and a daytime conference on November 3, 2023. Please join CNDR and prominent ADR speakers for a conference discussing diversity, equity, and inclusion issues in dispute resolution. More details, conference program, and RSVP below.
20th Anniversary Conference
DEI and Dispute Resolution: Reimagining the Field
November 3, 2023
8:30am – 3:00pm
In-person at UC Law San Francisco, Deb Colloquium Room, 333 Golden Gate Ave., San Francisco, CA 94102 and via Zoom
Diversity, Equity, and Inclusion is becoming increasingly important in all domains of the law, but especially so in dispute resolution. Implicit biases can creep into everyday negotiation and influence the way that many disputes are settled informally, before they even reach the courthouse steps. The lack of diversity among neutrals and counsel in consumer, commercial, and investor-state arbitration impacts the legitimacy of those processes and may affect outcomes in ways that are not yet fully understood. This hybrid in-person and Zoom conference is one of the first of its kind devoted to taking a hard look at the state of diversity, equity, and inclusion in the dispute resolution field and to charting a path for future research and policy interventions. It brings together leading scholars from across the U.S. and abroad.
5 hours of California MCLE credits available, including 5 hrs Elimination of Bias (in-person only) for an additional fee. Be sure to register for MCLE credit at checkout. MCLE Provider #9545.
|8:30 – 9:00am
|Breakfast and Opening Remarks
|9:00 – 10:30am
|Panel I: International and Domestic Arbitration
Moderator: Hiro N. Aragaki, UC Law San Francisco
Sarah Rudolph Cole, Moritz Law School: “Arbitrator Diversity: Can It Be Achieved?
Emilia Onyema, SOAS University of London: “The Engagement of African Practitioners in International Arbitration: How Can We Assure Equality of Access?”
Catherine A. Rogers, Bocconi University and UC Law San Francisco: “The Key to the Diversity Paradox in International Arbitration”
|10:30 – 10:45am
|10:45am – 12:15pm
|Panel II: Mediation and Negotiation
Moderator: Ellen Waldman, International Institute for Conflict Prevention and Resolution (CPR)
Ian Ayres, Yale Law School: “An Implied Warranty of Non-Discrimination”
Clark Freshman, UC Law San Francisco: Re-Negotiating LGBTQ Equality in an Age of Counter-Reformation
Andrea Kupfer Schneider, Cardozo School of Law: “Against Negotiation”
|12:15 – 1:30pm
|Lunch and Keynote Address – Carrie Menkel-Meadow, UC Irvine Law: “What Does it Mean to ‘Diversify” and ‘Include” in ADR?: People, Principles and Actual Practices”
|1:30 – 3:00pm
|Panel III: Public Process and Policy
Moderator: Clark Freshman, UC Law San Francisco
Jo Carrillo, UC Law San Francisco: “Transitional Justice and Mediation”
Jean Sternlight, UNLV Boyd School of Law: “Psychological Insights into DEI and Dispute Resolution”
Ellen Waldman, The International Institute for Conflict Prevention and Resolution (CPR): “DEI in the Trenches: Provider Efforts to Diversify Neutral Selection”
3:30pm Optional campus tour (sign up here; space is limited)
Hiro N. Aragaki
Hiro Aragaki, Professor of Law and Director of the Center for Negotiation and Dispute Resolution (CNDR)
Professor Aragaki’ s scholarly interests cluster around the intersection of contract and procedure, and his work on ADR has been published in top U.S. law journals, and has won prestigious accolades. Professor Aragaki has written extensively on federal arbitration law and is currently engaged in a number of long-term projects looking at mediation from comparative, development, and empirical perspectives. He has frequently been called upon to train judges and lawyers in ADR and consult on ADR reform projects around the world, most recently as an Advisor to the Expert Committee on Mediation, Supreme Court of India, and as an advisor to the judiciary of Kazakhstan on arbitration law reforms. Professor Aragaki is a former member of the California State Bar Standing Committee on Alternative Dispute Resolution, a former member of the AALS Section on Dispute Resolution Executive Committee, and a former Board member of the California Dispute Resolution Council. He currently holds leadership positions in the ABA Section on International Law and ABA ROLI, and is a Professorial Research Associate at SOAS School of Law in London. He serves as an arbitrator and mediator at JAMS, and is admitted to practice in California, New York, the District of Columbia, and England & Wales.
Ian Ayres is a lawyer and an economist. They are the Oscar M. Ruebhausen Professor at Yale Law School and a Professor at Yale’s School of Management.
Ayres was born and raised in Kansas City, Missouri, received their B.A. (majoring in Russian studies and economics) and J.D. from Yale and their Ph.D in economics from M.I.T. Ayres clerked for the Honorable James K. Logan of the Tenth Circuit Court of Appeals. They have previously taught at Harvard, Illinois, Northwestern, Stanford and Virginia law schools and has been a research fellow of the American Bar Foundation and Columbia. From 2002 to 2009, Ayres was the editor of the Journal of Law, Economics and Organization.
Their two most cited law review articles are Fair Driving: Gender and Race Discrimination in Retail Car Negotiations, 104 Harvard Law Review 817 (1991) and Filling Gaps in Incomplete Contracts: An Economic Theory of Default Rules, 99 Yale Law Journal 87 (1989) (with Robert Gertner).
Excerpts of their publications as well as audio and video clips can be found at ianayres.com.
Jo Carrillo jointed the UC Law SF faculty in the early 1990s. Carrillo is Professor of Law and Faculty Director of the Indigenous Law Center. Carrillo served on the UC Law SF Legacy Review Committee. She has been a member of the Dean’s Restorative Justice Advisory Board since its inception. Carrillo is currently working on a tribal land back scholarship. She is also working with UCLA Associate Professor Benjamin Madley, the author of An American Genocide: The United States and The California Indian Catastrophe, 1846-1873 and the 2023-2024 ILC Visiting Professor of Law, on questions of legal redress for historic wrongs perpetrated by the state against California Indigenous Peoples. Her teaching is in the field of property; her scholarship involves property related questions, especially around issues that impact Indigenous Peoples.
Sarah Rudolph Cole
Sarah Rudolph Cole is the Michael E. Moritz Chair in Alternative Dispute Resolution. She teaches courses in mediation, arbitration, alternative dispute resolution, torts, and labor law.
A nationally prominent expert on alternative dispute resolution, Professor Cole researches and writes about legal and policy issues that arise because of the increased use of alternative dispute resolution (ADR) in the justice system, particularly arbitration and mediation. Her scholarship has been published in journals including the Washington University Law Review, the UC Davis Law Review, and the Georgia Law Review. She is also co-author of Mediation: Law, Policy and Practice, the leading treatise in mediation, and of Dispute Resolution: Negotiation, Mediation and Other Processes, one of the country’s leading dispute resolution casebooks. She is also a co-author of Discussions in Dispute Resolution: The Foundational Articles.
Professor Cole has held numerous service and leadership positions. She is a member of the American Law Institute and an American Bar Foundation Fellow. Additionally, she is a steering member of the Divided Community Project at Moritz College of Law.
Professor Cole received the 2022-23 ABA Section on Dispute Resolution Outstanding Scholarly Work Award. In 2022, she received the CPR Outstanding Article Award and the Outstanding Book Award.
Clark Freshman, a tenured Professor of Law at the University of California, Hastings College of the Law, studies and teaches “lie detection” (and more broadly harvesting the truth), negotiation, bias reduction, and emotional management (including mindfulness and mindful self-compassion). His articles on bias have appeared in Columbia Law Review, a symposium he organized at Stanford Law Review, UCLA Law Review, and elsewhere. His invited engagements include the California Judges Association annual meeting, JAMS yearly meeting, and lawyers and negotiators worldwide, including DLA Piper, Wilmer Hale, Danish Broadcasting, Ambrossetti Management Consultants in Italy, and GE Oil and Gas in Italy.
Since 2020, he also partners with BiasSync to offer online implicit bias assessment and mitigation strategies for companies like PepsiCo, Microsoft, and Genentech. As a college senior, he negotiated and drafted the posthoumous partdon in the Leo Frank case – the case (not the pardon) later a Broadway musical, Parade. As a law student, he helped organize a mediation service for LGBTQI people. Professor Freshman graduated with a BA, magna cum laude, from Harvard University and a JD with honors from Stanford Law School. He was a Marshall Scholar at Oxford University, earning an Honours BA in Philosophy, Politics, and Economics. He clerked for Judge Norris of the Ninth Circuit.
Carrie Menkel-Meadow, is Distinguished and Chancellor’s Professor of Law at the University of California Irvine Law School and A.B. Chettle Professor of Law, Dispute Resolution and Civil Procedure, Emerita at Georgetown University Law Center. She was the Faculty Director of Georgetown’s Hewlett Program in Conflict Resolution and Legal Problem Solving, and also the Faculty Director of the Centre for Transnational Legal Studies in London. She is one of the founders of the field of “Alternative/Appropriate” Dispute Resolution and has authored or edited over 20 books and over 200 articles in the fields of dispute resolution, legal ethics, legal feminism, socio-legal studies, civil procedure and legal education. Most recently she is the author of Very Short Introduction to Negotiation (Oxford University Press, 2022) and several co-authored texts on dispute resolution, negotiation, mediation and international dispute resolution(some with—Lela Love, Andrea Kupfer Schneider and Jean Sternlight). She has been awarded several honorary doctorate degrees for her pioneering work in dispute resolution and feminism, both in the United States and Europe. She was awarded the first ever Outstanding Scholar in Dispute Resolution by the American Bar Association (2011) and the 2018 Award for Outstanding Scholar by the American Bar Foundation for her work in dispute resolution, and the legal profession. She was awarded Best Article Prize three times (1983, 1991 and 1998) by the Center for Public Resources for her scholarship in negotiation, mediation and dispute resolution. She is also a member of the American Law Institute and the American College of Civil Mediators. She has taught in 25 countries and also frequently serves as a mediator and arbitrator in both public and private settings. She received her J.D. cum laude from the University of Pennsylvania and her B.A. magna cum laude, Phi Beta Kappa from Barnard College, Columbia University. She began her career as a poverty-civil rights lawyer and as clinical professor at the University of Pennsylvania Law School and has taught at the law schools of the University of Pennsylvania, UCLA, Stanford, Harvard, and many law schools in Europe, Asia and South America.
Emilia Onyema is an independent arbitrator with experience as presiding, co and sole arbitrator, and acts as legal expert witness in international arbitration. She is a Professor of International Commercial Law at SOAS University of London where she teaches international commercial arbitration, international investment law and commercial law in a global context. She is qualified to practice law in Nigeria, as a Solicitor in England & Wales, and Fellow of the Chartered Institute of Arbitrators. She convenes the SOAS Arbitration in Africa conference series, leads the SOAS Arbitration in Africa biennial survey research project, co-authored the African Promise; conceived the SOAS counsel in arbitration training project; and is the Director of the SOAS Arbitration and Dispute Resolution centre.
Catherine A. Rogers
Full Professor of Law, Bocconi University
Research Professor, UC Law San Francisco
Catherine A. Rogers is a Professor of Law at Bocconi University in Milan Italy. She has lectured and taught around the world, including at several U.S. law schools, Queen Mary, University of London, and the International Dispute Settlement (MIDs) Program in Geneva. Her scholarship focuses on the convergence of the public and private in international adjudication, the intersection of markets and regulation in guiding professional conduct, and on the reconceptualization of the attorney as a global actor. Professor Rogers is a Reporter for the American Law Institute’s Restatement of the U.S. Law of International Commercial and Investor-State Arbitration and a co-chair of the ICCA-Queen Mary Task Force on Third-Party Funding in International Arbitration. She is also the founder and CEO of Arbitrator Intelligence, which promotes transparency, accountability, and diversity in arbitrator appointments.
Andrea Kupfer Schneider
Andrea Kupfer Schneider is a Professor of Law and Director of the Kukin Program for Conflict Resolution at Cardozo School of Law. Professor Schneider was the previous director of the nationally ranked dispute resolution (DR) program at Marquette University Law School in Wisconsin, where she taught DR, Negotiation, Ethics and International Conflict Resolution for over two decades. In addition to overseeing the DR program, Professor Schneider was the inaugural director of the university’s Institute for Women’s Leadership.
Professor Schneider has published numerous articles on negotiation, plea bargaining, negotiation pedagogy, ethics, gender and international conflict. Her recent books include Discussions in Dispute Resolution: The Foundational Articles, (edited with Hinshaw and Cole, winner of the 2022 CPR Book Award); Dispute Resolution: Beyond the Adversarial Model (with Menkel-Meadow, Love and Moffitt), Negotiation: Processes for Problem-Solving, (with Menkel-Meadow & Love), Mediation: Practice, Policy, and Ethics, (with Menkel-Meadow & Love), Dispute Resolution: Examples & Explanations (with Moffitt); and Negotiating Crime: Plea Bargaining, Problem Solving, and Dispute Resolution in the Criminal Context (with Alkon).
She is a founding editor of Indisputably, the blog for ADR law faculty, and started the Dispute Resolution Works-in-Progress annual conferences in 2007. In 2016, she gave her first TEDx talk titled Women Don’t Negotiate and Other Similar Nonsense. She was named the 2017 recipient of the ABA Section of Dispute Resolution Award for Outstanding Scholarly Work, the highest scholarly award given by the ABA in the field of dispute resolution. Professor Schneider received her A.B. cum laude from Princeton University’s School of Public and International Affairs and her J.D. cum laude from Harvard Law School. She also received a Diploma from the Academy of European Law in Florence, Italy.
Jean R. Sternlight
JEAN R. STERNLIGHT is the Michael and Sonja Saltman Professor of Law and also Founding Director of the Saltman Center for Conflict Resolution at the University of Nevada-Las Vegas William S. Boyd School of Law. She teaches courses on dispute resolution, including both litigation and alternatives thereto, as well as on psychology and lawyering. Frequently cited by courts and the media, Sternlight is co-author of Psychology for Lawyers: Understanding the Human Factors in Negotiation, Litigation, and Decision (2d ed. ABA 2021), as well as several other books on dispute resolution. She has published many articles in numerous well-respected journals including Harvard Civil Rights-Civil Liberties Law Review, Stanford Law Review, University of Pennsylvania Law Review, Journal of Law & Contemporary Problems, William & Mary Law Review, and The Ohio State Journal of Dispute Resolution. She was named Outstanding Scholar by the ABA Section on Dispute Resolution in 2015, and was also awarded the 2015 Lifetime Achievement Award by the American College of Civil Trial Mediators. Sternlight received her B.A. (High Honors) from Swarthmore College, and her J.D. (cum laude) from Harvard Law School.
Ellen Waldman is Vice President, Advocacy & Educational Outreach for The International Institute for Conflict Prevention and Resolution (CPR), a global non-profit organization that manages conflict to enable purpose . In her role at CPR, Ellen writes and presents on issues of interest to the dispute management community, leads initiatives in building the capacity for dispute management, and further develops CPR’s academic and student programs. In addition to having been a long-time Professor at Thomas Jefferson School of Law in San Diego, Ellen has had visiting professorships at Peking School of Transnational Law (Shenzhen, China), Quinnipiac University School of Law and Benjamin Cardozo School of Law. Ellen was also the former chair of the International Mediation Institute’s ethics committee, and a task-force member for the California Judicial Council’s working-group on training requirements for court-connected mediators. Ellen is also the former co-chair of the American Bar Association Dispute Resolution Section’s committee on health care and past member of the Section’s ethics committee. Ellen has published more than 25 articles on numerous dispute resolution topics. She crafted the first book-length treatment of ethical dilemmas in mediation, Mediation Ethics: Cases and Commentaries. Ellen graduated with a BA from Brown University, earned a JD from the New York University School of Law, and earned an LLM from the University of Virginia School of Law.
For all CNDR events, cancellations on or before 30 days prior to the event will receive a full refund, minus a $50 administrative fee. Cancellations after 30 days prior to the event will receive a 50% refund. Cancellations on or after 5 days prior to the event will not receive a refund.
ADA Accommodations Statement
The University of California College of the Law, San Francisco is committed to making its facilities and events accessible in compliance with the Americans with Disabilities Act. If you need reasonable accommodations, please contact CNDR at 415-581-8941 or CNDR@uclawsf.edu, or the Disability Access Hotline at 415-581-4848 or DAH@uclawsf.edu at least two weeks before the event.