resolutions
VOLUME 4, NO. 1 · FALL 2011
South Texas Team Takes 1st Place at International Law
School Mediation Tournament in London
S
outh Texas College of
Law made its inaugural
appearance and took first
place at the International Law
School Mediation tournament
in March 2011. This year the
competition, which is sponsored
annually by the International
Academy of Dispute Resolution,
was held at BPP Law School in
London. One hundred twelve
students from 24 schools and 8
countries competed. Students
represented Australia, Canada,
Germany, India, Ireland,
Scotland, United Kingdom, and
the United States. The South
Texas College of Law team,
consisting of Amrita Boghani,
Xochytl Greer, and Marium
International Law School Mediation Team (from left):Coach Debra Berman, Marium Siddiqui, Xochytl
Siddiqui, placed first in the
Greer, Amrita Boghani, with Dean Don Guter.
Advocate/Client Division.
South Texas also won an award
for Outstanding New International
school during one round and the two
as well as the opportunity to practice
Mediation Program. The team was
their mediation skills with other students remaining team members act as the
coached by Debra Berman, Associate
attorney/client team in the other two
from around the world. It is a hybrid
Director of the Frank Evans Center for
rounds. This is the only current national
competition/conference which includes
Conflict Resolution.
or international ADR competition
advocacy training, mediation training,
to include students' participation as
and cross cultural dispute resolution
The International Law School Mediation
mediators. South Texas College of Law
training prior to the commencement of
Tournament provides law students with
looks forward to participating again at
rounds. The competition requires teams
the opportunity to learn about various
the 2012 competition which will be held
of three where each team member coadvocacy techniques used in mediation,
in Chicago, Illinois.
mediates with a student from another
South Texas College of Law/houston
ADR ADVOCATES WELCOMES NEW OFFICERS
The Alternative Dispute Resolution Advocates, a student organization at South Texas College of Law, extends a
warm welcome to its new 2011-2012 Officers:
2011 - 2012 OFFICERS
Co-Presidents
John Davis
Xochytl Greer
Vice President
Lucy Regalado
Treasurer
Morgan Rivera
3L Representatives
Lauren Hagger
Marium Siddiqui
2L Representatives
Chau Do
Colin Wood
1L Section Representatives
Trail Potter
Mikal Williams
ADRA Board (from top left): Chao Do, Trail Potter, Mikal Williams, Colin Wood, Lucy
Regalado, Morgan Rivera. From bottom left: Co-presidents Xochytl Greer and John Davis
CENTER HOSTS FIRST ANNUAL SCHOOL WIDE
ADR INTRAMURAL
S
outh Texas College of Law, through the Frank Evans Center for Conflict Resolution, sends teams to eight national and
international ADR competitions each year. On August 27th, the Frank Evans Center hosted its first ever school wide ADR
Intramural. All students interested in competing in 2011-2012 non-arbitration ADR competitions were required to participate
in this year’s Intramural. Among other things, students were selected for teams based on their performance at the Intramural.
Student competitors in the Intramural, which was modeled after the ABA Negotiations Competition, participated in two mock
negotiations lasting one hour each. Teams consisted of two students who worked together to determine a fair allocation of
responsibility. Following each round, judges provided students with invaluable comments and feedback.
The Intramural was an enormous success. Sixty-two students tried out for a total of 25 available spots in the following national
and international competitions: St. John’s Securities Dispute Resolution Triathlon, ABA Negotiations, ABA Client Counseling,
ABA Representation in Mediation, ICC Mediation, and the International Law School Mediation Tournament. South Texas College
of Law looks forward to a successful year!
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South Texas Competes in 18th Annual Willem c. vis
International Commercial Arbitration Moot in Vienna
T
he Willem C. Vis International Commercial Arbitration Moot is one of the largest
moots in the world. Students from 254 universities representing 63 countries
competed in this year’s moot which was held in Vienna in April. The goal of the
Vis Arbitral Moot is to foster the study of international commercial law and arbitration for
the resolution of international business
disputes. The Moot also brought together
hundreds of volunteer arbitrators
from around the globe. Students that
competed in the Moot prepared for
almost seven months. In order to be
South Texas students prepare for their round
(from right) John Patout and Travis Shaw. eligible to compete on the South Texas
College of Law team, students are
required to enroll in the International Commercial Arbitration Course which is cotaught by Stacey Barnes and Kimberlee Kovach each fall. The 2011South Texas
College of Law team, coached by Stacey Barnes, consisted of John Davis, Leanne
Fields, John Patout, and Travis Shaw.
Vis team member, John Davis, reflected on the moot by saying, "It is rare to have
a competition be judged, even in the preliminary rounds, by the people writing the
treatises, authoring the opinions, and being quoted in your competition brief. Combine
the depth of the competition side with the immense networking opportunities, and it's
definitely one of the greatest events the school takes part in." South Texas College of
Law looks forward to participating once again in the 19th annual Vis moot to be held
in April 2012.
T
South Texas students traveled to Vienna to compete
internationally at the Vis International Commercial
Arbitration Moot (from left): John Patout, Travis
Shaw, Coach Stacey Barnes, Leanne Fields, CoCoach Dave Roberson, and John Davis.
Teaching ADR Abroad
he South Texas College of Law summer abroad programs incorporated ADR
in their curriculum this past summer in London, Malta, and Prague. South
Texas College of Law Professor Kimberlee Kovach taught a two week course
on Cross Cultural Negotiation and Mediation. The students learned basic conflict
and negotiation theory, stages of a negotiation, ethical issues, and how to deal with
parties from different cultures. “Not only did we study the negotiation process in the
classroom,” said Kovach, “but students were strongly urged to engage in ‘adventure
learning,’ a recent approach to teaching negotiation where students have the
opportunity for real world application of knowledge and skills learned.”
South Texas students from the Cross
Cultural Negotiation and Mediation class
in Malta (from left) Lucas Cowan, Kevin
Johnson, Lisa Angelo, and Ryan Rieger.
Cross Cultural Negotiation and Mediation class in Malta
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O
Evans Center Forty Hour Mediation Training
n August 8-12, Center
Director Kimberlee
Kovach taught the Frank
Evans Center’s annual 40-Hour Basic
Mediation Training which satisfies
Texas statutory requirements for
mediators. Twenty students attended
the training and received course
credit. Ten other participants included
local attorneys and judges. Several
experienced mediators, including
Center Associate Director Debra
Berman, Rafael Boza ’09, Caliph
Johnson, Judge Josefina Rendon, J.
Julio Vela ’09, and the Hon. Bruce
Wettman provided critique and
feedback following students’
role plays.
The 40 Hour Mediation Training
will be offered again during the
2012 summer intersession next
August. Students and professionals
interested in family law mediation
are encouraged to attend the Frank
Evans Center Family Law Mediation
Training which will be held during
the winter 2012 intersession in
January. For more information or
to register for upcoming trainings,
please contact Rita Cannon at
713-646-2998.
Center Director Kimberlee Kovach teaching during the 40 Hour Basic Mediation Training in August.
Center Associate Director Debra Berman provides feedback to students during breakout sessions at
the 40 Hour Basic Mediation Training.
Center Co-Sponsors HBA Annual Conference on ADR
O
n May 6, 2011, the Frank Evans Centers co-sponsored the Houston Bar Association Section of Dispute Resolution
Annual Conference. The conference, which was attended by over sixty local attorneys and ADR practitioners, was
held at the South Texas College of Law. Nine presentations were given covering the following topics: online dispute
resolution; evaluative mediation; developments in arbitration law; ethical issues in collaborative law; how to conduct successful
negotiations; creative solutions in mediations; ADR and the Harris County courts; and the history of ADR in Texas. Presentations
were delivered by dynamic presenters including judges, prominent Texas mediators, a sports manager, a U.S. EEOC Ombudsman,
and others. The Frank Evans Center is pleased to continue its relationship with the HBA Section of Dispute Resolution in its
annual conference and monthly breakfast ADR meetings held in the Emilie Slohm Dining Room at 7:30 a.m. on the second
Tuesday of each month. All students and practitioners are welcome to attend.
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Center Recognizes Work of ADR Competition Teams
O
n April 26, the Frank Evans Center hosted its fourth annual End of Year Celebration recognizing the work of the different
teams that participated in ADR competitions during the 2010-2011 academic year. The event brought together team coaches
and almost all of the 34 members of the national and international competitions South Texas participated in during the year.
The event, held in the Emilie Slohm Dining Room at South Texas College of Law, included a succulent Italian buffet, drinks, music,
and a slideshow of photographs from the year’s competitions. It was an event of camaraderie and celebration for the success the teams
obtained during the year and excitement for the year ahead.
S AV E T H E D AT E !
30 HOUR ADVANCED FAMILY MEDIATION TRAINING
January 4-7, 2012
Sponsored by the Frank Evans Center for Conflict Resolution
at South Texas College of Law
This 30 hour family mediation training will be held Wednesday, January 4 through
Saturday, January 7, 2011 from 8:30a.m.-5:30p.m. at the South Texas College of Law. The
course, which is taught by Hon. Bruce Wettman, complies with both the Texas statutory
requirement for mediation training (Tex. Civ. Prac. & Rem. Code Ann.), as well as the Texas
Mediation Trainers Roundtable Standards for Family Mediation Training.
If you have questions or would like to register, please contact Rita Cannon, coordinator,
Frank Evans Center at (713) 646-2998 or email rcannon@stcl.edu.
STCL Mediation Clinic from a Student’s Perspective
By: Christina Muehlmeier ’12
The Franks Evans Center continues to work with the Harris County Justice of the Peace (JP) Courts and the Harris County
Dispute Resolution Center to resolve a variety of civil disputes. Students in the Mediation Clinic
have received their basic mediation training and mediate at the JP courts several hours per week.
Most clinic students mediate cases in Hon. Dale M. Gorczynski’s court two to three mornings per
week. The types of cases mediated are primarily landlord-tenant disputes and small claims disputes
involving pro se parties. During the fall, spring and summer semesters, 50 students participated in
the Mediation Clinic and conducted a total of 721mediations. Five hundred sixty-two of the cases
settled, for a settlement rate of 77.95%. Third year student, Christina Muehlmeier, participated in the
Mediation Clinic during the summer of 2011. “The clinic provided a particularly valuable learning
experience which was not comparable to any I have had in the classroom,” said Muehlmeier. “I
would highly recommend the mediation clinic to any student interested in pursuing mediation or
simply refining their dispute resolution skills.”
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Center Attends Annual ABA Dispute Resolution Conference
F
rank Evans Center staff attended the 13th annual ABA Section of Dispute Resolution Conference in Denver this past April.
This is the largest conference for dispute resolution professionals in the world, typically drawing almost 1,000 attendees from
the United States and abroad. Attendees chose from over 100 programs covering mediation, arbitration, collaborative law, and
other aspects of dispute resolution. Center Director Kimberlee Kovach served on a panel discussing online dispute resolution ethics
and Dean Emeritus James Alfini moderated a panel on judicial settlement. Center Associate Director Debra Berman and Center
Coordinator Rita Cannon also represented South Texas College of Law at the Conference. The Frank Evans Center sponsored a
hospitality booth providing attendees with information regarding South Texas College of Law’s ADR program. James Alfini had the
honor of presenting the first ever ABA Section of Dispute Resolution Scholarship award to Professor Carrie Menkel-Meadow of
Georgetown University Law Center and the University of California Irvine School of Law. The Center looks forward to attending and
presenting a session at the 14th annual ABA Section of Dispute Resolution Conference in Washington, D.C. next April.
A
Kovach Participates in International Rethinking
Negotiation Teaching Project in Beijing
continued debate has surrounded the challenge of effective negotiation pedagogy, particularly in a global economy. To
meet this challenge, Hamline Law School’s Dispute Resolution Institute, in cooperation with JAMS and the ADR Center
Foundation in Italy, established a multi-year, global initiative called the Rethinking Negotiation Teaching Project. The project
offers scholars and trainers an opportunity to analyze current negotiation pedagogy and contribute
to new negotiation training. For an overview of the project, please see http://law.hamline.edu/
rethinkingNegotiation.html.
The Project involved three stages, beginning with a conference in Rome in May 2008 followed by
Istanbul in October 2009. The last conference, which was held in Beijing in May, brought together
scholars from the US, Canada, China, Japan, Singapore, United Kingdom, France, Italy, Ecuador,
Philippines, and Australia. In addition to the examination of global innovation in negotiation pedagogy,
and the design for the next book, many participants, including Center Director Kimberlee Kovach,
served as judges for the 3rd Annual China University English Language Negotiation Competition.
Drawing from the conference attendees as well as professors from the Chinese Universities, several
countries were represented in the pool of judges.
“Observing the Chinese law and business students take command of the negotiation process was
fascinating,” said Kovach. “It was obvious that the Chinese negotiation professors spent a great deal of
time and effort educating and training the students for the competition. The students were dedicated
and excellent. In addition, it was very educational and enlightening for me personally, to co-judge with a Chinese counterpart, and
share our perceptions and opinions. It was truly a fantastic competition and instructive for all involved.”
To date, several pieces of scholarship from the project have been published including Venturing Beyond the Classroom: Volume 2 in
the Rethinking Negotiation Teaching Series (DRI Press 2010), Rethinking Negotiation Teaching: Innovations for Context and Culture
(DRI Press 2009), and a special section of the April 2009 issue of Negotiation Journal published by the Program on Negotiation at
Harvard Law School (Volume 25, Issue 2). A third book will be published shortly and the project will also help launch a new journal
on negotiation to be published in China.
T
Students Name Judge Bruce Wettman
Outstanding Adjunct Professor
he Student Bar Association of South Texas College of Law announced in March that it selected
Judge Bruce Wayne Wettman as its recipient of the 2011 Faculty Excellence Award for Outstanding
Adjunct Professor. Wettman is a retired Senior Judge for the State of Texas whose private practice is
limited exclusively to mediation and arbitration.Wettman teaches Mediation Theory and is the Director of
the Mediation Clinic at the Frank Evans Center for Conflict Resolution, one of the Centers of Excellence at
South Texas College of Law. "The law students have taken a great interest in alternative dispute resolution as
the primary approach to resolving conflict in the court system."
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Mediation in China
A
By: Shuo Wang
ccording to tranquility , a traditional Chinese value presented by Confucius, norms such as “peacefulness is noble”2 suggest the
preference of avoiding conflict. “The virtue of not being contentious”3 addressed by Lao Zi, the founder of Taoism, also implies
that having disputes with others is wrong. Accompanied by idea inoculation and the agricultural culture in China, the idea of
dispute avoidance became commonplace and can still be seen today. In traditional Chinese culture, a feeling of shame naturally occurs
when disputes arise, and parties want to make the resolution as private as possible in order to minimize the perception of “immoral
behavior.” Family and neighborhood mediation, as the prototype of modern mediation in China, served that purpose.
1
Since the 1980's, China began to restore the legal system according to civil law systems. As such,
neighborhood mediation was largely ignored because it was considered a feudal dispute resolution method
that could obstruct the development of the modern legal system. However, the rising number of cases and
the flaws of the legal system forced people to rethink the idea of mediation. With the introduction of Western
ADR theory and the requirements from a practical standpoint, mediation started becoming popular in China
around 2000.
Mediation in China can be categorized in three basic categories: People’s Mediation; Administrative
Mediation; and Judicial Mediation. People’s mediation is extremely similar to traditional Chinese family
and neighborhood mediation where the mediators are usually female elders. People’s mediation is part of
the community services provided by local community offices. Prior to 2010, agreements arrived at through
people’s mediation were presented orally and were considered moral commitments. Therefore, the process
did not receive full recognition and was not protected by law. However, the PRC People’s Mediation Law, which was enforced in 2011,
focused on regulating mediation commissions, mediators, mediation proceedings, and mediation agreements, and it fully recognized
the validity of agreements made through people’s mediation. The law also provided that the mediation commission “may not charge
fees”4 and the operation of the commissions should be funded by “villager committees, neighborhood committees, enterprises and
public institutions.”5 People’s mediators “shall be members of and persons hired by the people’s mediation commissions”6 and “properly
subsidized for loss of working time.”7 Therefore, “people’s mediators” are not hired full-time and they have their own professions. In fact,
most people’s mediators are also employees of the village or neighborhood committees.
Judicial mediation, especially pre-trial mediation, is fairly new in China. Although Chinese civil procedure law specifically provides for
judicial mediation, it has long been ignored by judges. Besides marital issues, judicial mediation is not mandatory. However, pre-trial and
post-trial (prior to judicial decision) mediation is increasingly being used. In 2006, the Chinese government promoted a “harmonious
society,” which is a political doctrine aimed at resolving social tension. Following the new government promotion for “harmonious
society,” judges have been required to settle more cases by mediation. Pre-trial mediation has been tested and rapidly developing since
that time.
Administrative mediation is conducted by grassroots departments of the local governments and is considered part of daily administrative
management. It usually deals with civil disputes exceeding the reign of people’s mediation and the dispute must fall within the
administrative power of the government officers, who are mediators. In rural areas, public security officers play a very important
administrative role through mediation. The settlements of those micro-disputes help maintain the daily operation of small villages.
After the new PRC People’s Mediation Law and the development of pre-trial mediation, mediation is playing an important role both
in Chinese daily life and in the judicial arena. What’s more, these developments have revived the ancient dispute resolution method
and changed the conservative opinion of traditional mediation, which saw mediators as “officious elders.” In the future, mediation will
gain popularity as an alternative dispute resolution method and continue to play an increasingly important role in the grassroots judicial
system.
*Mr. Shuo ("Derek") Wang earned his LLB degree from Huazhong University of Science and Technology (HUST) in China. He
received a dual degree in finance from Wuhan University and has focused particularly on financial, commercial, and immigration law. He
attended the University of Missouri LL.M program in Dispute Resolution and interned in the Frank Evans Center for Conflict Resolution
during the summer of 2011. Mr. Wang is currently working as a clerk at Zhang & Associates, an immigration law firm in Houston.
1 Confucius and his apprentices, The Analects § 1.12
2 Id.
3 Lao Zi, Dao De Jing chapter 68
4 PRC People’s Mediation Law, art. 4
5 PRC People’s Mediation Law, art. 12
6 PRC People’s Mediation Law, art. 13
7 PRC People’s Mediation Law, art. 16
Page 7
Dean Emeritus and Professor James Alfini
• Moderated a panel, "International Perspectives on the Judicial Role in Settlement" at
the ABA Section of Dispute Resolution Annual Conference in Denver in April
• Presented a paper, "Observations about the Influence of Judicial Ethics and Rule-ofLaw Traditions on Judicial Dispute Resolution Techniques" at the annual conference
of the Law and Society Association in San Francisco in June
Professor and Dean
Emeritus James J. Alfini
• Moderated a panel, "What Do Stakeholders Want & Need -- Courts and Neutrals?" at
the Marquette Law School symposium on "The Future of Court ADR: Mediation and
Beyond” in September
Center Director Kimberlee Kovach
• Served on a Panel, “Virtual Virtues: Wrestling with Online Dispute Resolution
Ethics” at the ABA Section of Dispute Resolution Annual Conference in Denver
in April
• Presented a session on online dispute resolution at the 2011 annual HBA Section of
Dispute Resolution Conference in May
Center Director
Kimberlee K. Kovach
• Taught a forty hour mediation training at the Northwest Institute for Dispute
Resolution at the University of Idaho School of Law in May
• Spoke on Recent Trends in the Law & Limits of Settlement in Mediation at the
Mediation Seminar for the Jefferson County Bar Association in Beaumont Texas
in September
Center Associate Director Debra Berman
• Presented a session on online dispute resolution at the 2011 annual HBA Section of
Dispute Resolution Conference in May
Center Associate Director
Debra Berman
Page 8