Center for Dispute Resolution
ADR Quarterly - Summer 2022
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This May, the USC Gould School of Law Center for Dispute Resolution celebrated the achievements of our fourth graduating class during the 139th Commencement Ceremony at the University of Southern California. Our ADR graduates join our worldwide Trojan Family with more than 437,000 living alumni, including over 14,000 USC Gould alumni.
In this issue, we invite you to read about some of the Center’s symposia and offerings from this spring that moved the discussion forward and provided our students and the greater ADR community with access to the knowledge and expertise of accomplished ADR practitioners from around the world.
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A bittersweet summer farewell to the students of our spring 2022 Negotiation Theory and Application course
Richard Peterson, Director of the USC Gould School of Law Center for Dispute Resolution
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The end of a spring semester is always bittersweet to me. It is wonderful to witness the transformation of student perspectives and approaches to negotiation and dispute resolution as they move through the curriculum and participate in the simulations of a course. I am always sorry to have this unique interactive learning experience come to an end. However, not all of the students in the spring class have completed their dispute resolution program; while some are preparing for graduation, other are just beginning their journeys, and many students will go on to participate with fellow classmates in other courses.
Yet, every class develops its own personality, and it is the unique contribution and energy that each student brings to a particular class that I miss so much. The vast diversity of student backgrounds, cultures, experiences and perspectives provides a rich laboratory for individual and group development.
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It is a privilege to help direct and guide the expansion of each student’s knowledge and the development of specific skills they will use to help bring about more effective ways of resolving conflict in their communities and places of work, and in their associations with friends and families.
Even as we bid a fond farewell to one group of students, we eagerly look forward to the time we will be back in the classroom, welcoming the next group of students and beginning, again, this awesome cycle of education and transformation. And for those students who are graduating, there is satisfaction in knowing that the bonds of membership in the Trojan Family, and our interest in the wellbeing and accomplishments of our students, never end.
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Spring 2022 ADR Faculty Panel:
Insight and Advice
To the current and former students of USC Gould School of Law’s Center for Dispute Resolution, it will come as no surprise that the Spring 2022 ADR Faculty Panel was an incredible success. Professors Richard Peterson, Sean Galliher, Joseph Jeong and Michael Karagozian came together to share their perspectives on the future of dispute resolution, and describe the real-world experiences they provide students in their courses.
Commitment to Students
Collectively, the faculty panel shared their commitment to student growth, engagement and mentorship. Their care and attention to student success was evident during their back-and-forth dialogues. They specifically shared gratitude for small class sizes that allow them to connect on a personal basis to their students, and provide tailored direction and explanations as needed. They also noted the importance of supporting students both in and out of the classroom; each professor regularly meets with students to discuss career goals and share insight.
Professors Peterson and Karagozian described some of the experiences their students have had in the Practical Mediation Skills Clinic, including students independently mediating cases in court. They shared stories of some students feeling a bit hesitant at first but, through their coursework and mentorship, learned mediation and negotiation strategies, and are now able to conduct mediations with confidence. Both professors observe student mediations regularly to provide feedback, and ensure students are providing top quality services to parties in court.
Professors Jeong and Galliher both shared their experiences meeting one-on-one with students during office hours to help them prepare for interviews, strategize about networking opportunities, and – in some cases – even bring them on board to FINRA and Skechers, respectively.
Diverse Backgrounds
Each professor entered the field of dispute resolution with a unique perspective on how it may best serve their careers and society as a whole. The panel noted how valuable such a diversity of vantage points is for our program; it allows each professor to provide unique advice regarding students’ specific goals. From extensive litigation experience, to in-house attorney work, to financial oversight and arbitration, these faculty members shared how their work in dispute resolution changed their career trajectories. And, for those who are attorneys, it enhanced their ability to arrive at successful outcomes for their clients.
Specifically, Professor Karagozian shared the immense value negotiation and mediation has in his daily practice as a criminal defense attorney. His openness to discussion and desire for collaboration allows him to avoid litigation when that is not the best path forward for his clients.
Overall USC Gould’s Center for Dispute Resolution faculty expressed very clear gratitude for not only the dedication of their colleagues, but also the enthusiasm of Gould ADR students to dive into this expanding field. Thank you to our faculty panel for their heartfelt participation, and to all of our students for making this a dynamic and thriving program.
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The Practical Mediation Skills Clinic at USC – A Process of Change
By Professor Michael Karagozian (LLM in ADR 2019)
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Mediation, at its core, is a process of change. The mediator embarks on the challenging and difficult task of changing the way the parties to a dispute think about the dispute, the way they feel about the issues and the way they see the potential of resolving the matter. This process of change is hardly ever, and perhaps never, quick and easy.
As a graduate of the USC Gould School of Law Center for Dispute Resolution, I experienced a similar process of change, as did many of my classmates. Through our coursework, the transition entailed going from looking at conflict as a moment of despair to viewing it as a moment of opportunity. The change also included going from only focusing on the parties’ positions, as my legal training had engrained in me since my first day of law school, to also focusing on the parties’ interests that are motivating their positions. As one might guess, this process of transforming the way conflict is thought about and approached was also not quick and easy, and in reality, is an ongoing one.
In the Practical Mediation Skills Clinic, students are able to continue the process of changing the way they think about and approach conflict. In addition, they have the unique opportunity to begin applying all of the theories, strategies and skills they have learned in the classroom to real-life court cases in Los Angeles County. In essence, they are able to start the transformation from student to practicing mediator. Professor Richard Peterson, whom I assist in directing the clinic, and I help guide and mentor the students through this transition.
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As we have begun the summer session, students are once again actively entering small claims and civil harassment courts throughout Los Angeles County. Students are enthusiastically applying the theories, skills and concepts they have learned in the classroom to facilitate the process of changing the way real plaintiffs and defendants think and feel about their disputes and assisting the parties in reaching resolutions to their cases.
During our weekly class meetings, we reflect on the court cases from the previous week through “case rounds” and discuss numerous concepts such as parties’ positions and interests, cognitive biases that were observed, and how the risks associated with not resolving the case in mediation were communicated to the parties. In addition, we examine the strategies that were used to allow the parties to feel heard and to manage and simmer parties’ emotions. We also review what strategies and concepts worked and did not work depending on the nature of a particular case.
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The summer session also adds an exciting dynamic to the clinic. Students that were in the clinic during the spring semester have the opportunity to serve as alternative dispute resolution (ADR) fellows during the summer session. As fellows, they assist Professor Peterson and me in guiding and mentoring the new clinic students. This summer, we were fortunate to have seven students return to serve as ADR fellows. They have done a tremendous job in helping guide and mentor the new students both in the courts and during our weekly class meetings.
As the new students and ADR fellows continue their peacemaking efforts and service to the Los Angeles County courts and community for the rest of the summer, Professor Peterson and I look forward to observing all of them continue to develop their skills and make the transition from student to practicing mediator. For both of us, observing this transition is one of the most fulfilling aspects of teaching and directing the Practical Mediation Skills Clinic.
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Protecting Children with Disabilities - A Webinar for Parents
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Parents of children with disabilities assume many roles in safeguarding the health, development and wellbeing of their children. One of the most essential and challenging responsibilities they shoulder is protecting their child’s right to a free and appropriate public education under federal and state law. Parents frequently feel extreme anxiety because they lack the knowledge and experience of educators and professionals who ask them to accept and trust school district recommendations and proposals. Negotiations frequently become emotional and adversarial when parents conclude school district proposals are inadequate or inappropriate, but lack the knowledge, skills or vocabulary needed to drive an objective decision-making process. This webinar provided parents with information to level the playing field and engage in a decision-making process driven by objective analysis.
The webinar was sponsored by the SYNGAP Research Fund, a non-profit corporation led by a global group of families committed to accelerating the science to research and treat disability related to the SYNGAP1 gene, and to supporting each other. Professor Peterson was drawn to this organization following a family member’s recent SYNGAP1 diagnosis . He was joined in this presentation by Professor Richard Erhard, continuing a nearly two-decade collaboration promoting non-adversarial approaches to resolving conflicts between parents and educational agencies.
You can view Professor Peterson's slides here.
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Largest Gift in School History from Gould Alumnus and ADR Leader Richard Chernick
The USC Gould School of Law announced that alumnus Richard Chernick and his wife, Karla, have committed $13 million to support the law school’s building fund endowment. Chernick is widely recognized as a trailblazer and leader in the field of alternative dispute resolution, or ADR. The gift is the largest single contribution in the 122-year history of USC’s law school.
At USC Gould, Chernick has a long history of involvement, both as a philanthropist and as an educator. He was instrumental in shaping the ADR program, serving as an advisory board member and helping develop a slate of courses and activities “that rivals the best in the nation,” Chernick says.
Read the full press release here.
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Furthering Career Development
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SCMA Family Mediation Institute Conference
An essential element of the Center’s success is the passionate community fostered among its graduates around the world. These strong bonds which tie together the Gould Trojan Family fuel the impact and influence of our graduates in the ADR field.
Meet Amara West (MDR 2022). In the summary below, she shares how the Southern California Mediation Association's Family Mediation Institute returned with a renewed focus on collaborative mediation and how the pandemic has shifted mediators to think outside the box in driving resolution:
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Collaborative Divorcing
By Amara West (MDR 2022)
My name is Amara West, and I am a recent alumna of USC Gould School of Law. During my time at Gould I developed a deep interest in entertainment and family law.
Sponsored by my law school, I had the privilege of attending the Southern California Mediation Association’s Family Mediation Institute Conference on Saturday, May 21, 2022. This year’s theme was “People, Process & Passion: Transforming the Culture of Divorce.” Being the first major event since the pandemic for the Family Mediation Institute of SCMA, I believe that this was a very fitting theme. The pandemic challenged all of us to think outside of the box. It pushed us, as conflict solvers, to find new ways for resolution. The process of divorce was not immune to this. What was known as a highly contentious court process has evolved over the years, and yet during the pandemic it shifted even more. Divorce through the means of mediation has become increasingly collaborative over the years. This is not only in the way that a married couple chooses to enter mediation in a collaborative manner, but also in the way lawyers adequately use resources to help their clients achieve this goal. With the need to conduct legal processes through online communications over the last few years, access to experts across the nation became easier, lending to a more collaborative approach.
When thinking about a collaborative process in divorce the traditional resources that are typically referenced include therapists, financial advisors and other professionals that help guide families through the emotional decisions that divorce unearths. Given my research regarding this in my “Family and Divorce Mediation” course this past spring I had an initial framework of knowledge going into the conference. Once I sat through the first few sessions and met with representatives from various businesses and organizations it became very clear that while traditional resources are heavily used, there are even more resources available. I had the opportunity to speak to, and hear from, a real estate agent that specializes in divorce, individuals from finance with expertise in divorce, and even several representatives whose apps have tools that resolve very specific divorce conflicts. My eyes were opened to all of the assistance that is readily available in order to aid mediators in getting the best results for their clients in an efficient and amicable manner.
As a graduate of the Master of Dispute Resolution program, my work leans towards a more collaborative approach. It was inspiring to attend the conference and hear of all of the opportunities that are there for collaborative divorce. It is known that divorce is never easy. Its multifaceted layers have a rippling effect, but these effects can be mitigated. The conference showed that the ability is there to move divorce from contentious to collaborative. This shift in process will shape what divorce looks like for years to come.
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Up Next: Experiential Learning Opportunities for the Center
ADR Info Sessions | Know someone interested in ADR? Have them join one of our upcoming info sessions to learn more about our LLM, Master's and certificates focused on conflict resolution:
June 28, July 26 or August 30 at 12pm PT
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ADR Faculty & Alumni: News & Notes
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Katia Yannaca-Small | Lecturer in Law
On May 30, 2022, Lecturer Yannaca-Small published "Shaping responsible business conduct through a Multilateral Treaty on Due Diligence" in Columbia FDI Perspectives by the Columbia Centre on Sustainable Investment.
The article discusses how human rights and environmental due diligence to ensure responsible business conduct is leaving the sphere of soft law to integrate the legal fabric of several countries and the EU. To ensure a level playing field, she argues that it is time to negotiate a Multilateral Treaty on Due Diligence with OECD as the most suitable forum.
Read the full article here.
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Justin Hoyt | Lecturer in Law
USC Gould LLM in ADR graduate and lecturer Justin Hoyt not only teaches through the Center's ADR courses and serves as a research attorney for JAMS, but also delivers inspired, multilayer music as the solo artist Seven Layer Piano Cakes.
With two new releases in 2022 alone, Hoyt's music often builds on his experiences as a father, professional and younger musician. Read about his new music here and listen on Spotify here.
Fight On!
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Melody Wang | MDR 2019
Master of Dispute Resolution graduate Wang has founded her own private consultation and mediation practice in NYC and LA. She serves as CEO of Wang Mediation and also dedicates her time to mediating in New York City Family Court and serving on the Board of Directors for ACR-GNY (Association for Conflict Resolution, Greater New York).
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Yueh Wen Hsiung | LLM in ADR 2019
Recent graduate Hsiung has secured a position as in-house counsel, utilizing her degree from the Center to elevate her professional career and amplify her impact at work. She used her LLM studies to qualify for the bar exam and was admitted in California in 2021.
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Matthias Sieber | MDR 2021
Matthias Sieber (MDR, 2021) has co-founded Loxe Inc., which is opening mediators.ai, an almost-automated marketplace for mediation, to the general public this summer. The platform's goal is to reduce the disputing parties turnaround time for an amicable solution to seven days. Using blockchain technology, mediators only need to provide when, what, and for how much they want to mediate virtually. Interested mediators who want to utilize the service can contact Matthias at [email protected]. Conflicting parties will be able to fully utilize the site starting in Q3 at mediators.ai.
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