Creighton University Law School Launches New Institute to Expand Dispute Resolution Training for Students and Community

Summary

Creighton University Law School has established a new institute to broaden the range of dispute resolution options available to students and members of the community. The Global Arbitration and Dispute Resolution Institute (GADRI) will focus on arbitration, mediation, and ADR-related topics, educate students and faculty on the various conflict resolution mechanisms, and provide opportunities for networking and experiential learning.

The Global Arbitration and Dispute Resolution Institute (GADRI) is a non-profit organization that is dedicated to the advancement of dispute resolution and arbitration best practices. It will provide training for students in a variety of dispute resolution strategies, including arbitration, negotiation, and mediation, as well as other alternative dispute resolution (ADR) techniques. GADRI will also offer professional certifications for those interested in pursuing a career in the field of dispute resolution.

GADRI will offer a range of seminars and educational programs around the world, including continuing education courses and special events, such as lectures and conferences, focusing on dispute resolution topics. GADRI will also partner with colleges, universities, and business schools to offer international dispute resolution courses of study and to provide support for research projects related to dispute resolution.

GADRI will be led by Creighton School of Law professors Anthony Niedwiecki, director of the Institute, and Mark Pifer, deputy director. They have both been involved in arbitration and dispute resolution for several years and will be bringing their expertise to GADRI. The Institute will also receive support from the Creighton Law alumni, the American Arbitration Association, and the International Association for the Study of Conflict Management.

With the launch of GADRI, Creighton School of Law is taking a leading role in the field of dispute resolution and arbitration. The institute is committed to providing students and members of the community with better access to dispute resolution services and resources, as well as opportunities for experiential learning and professional development. This will help to bridge the gap between theory and practice, ensuring that Creighton Law students are adequately prepared for the demands of the legal profession.
 

Creighton University Law School Introduces Institute

Creighton University Law School recently announced the establishment of the Institute for Dispute Resolution, a new program offering dispute resolution skills and resources for its students and the surrounding community.
 

Creighton University Dispute Resolution Services

The Institute seeks to provide resources and information to the law school's students, faculty, staff, and the greater Omaha community. Through the Institute, students will gain access to innovative dispute resolution techniques and professional development opportunities. The Institute will also provide the Omaha community with dispute resolution services, such as clinical and pro bono opportunities to assist parties involved in disputes.
 

Leadership and Faculty of the Institute

The Institute is led by Professor John H. Blum, a professor of law at Creighton University. Professor Blum has a long history of working and teaching in the fields of dispute resolution and arbitration. In addition to his role as Executive Director of the Institute, he will also serve as a professor in the Dispute Resolution program alongside several other experienced dispute resolution experts.
 

Legal Education Focused on Dispute Resolution

The Institute will offer a variety of programs that are focused on dispute resolution. This includes a graduate certificate program in dispute resolution, a JD certificate program in dispute resolution, and a master's program in dispute resolution. Additionally, the Institute will offer courses on a range of dispute resolution topics, such as negotiation, mediation, and arbitration.
 

Dispute Resolution Benefit for the Community

The Institute is committed to providing dispute resolution resources to the Omaha community. In addition to the clinical and pro bono services offered by the Institute, it will also host an annual dispute resolution symposium. The symposium will be an opportunity for members of the community to learn about dispute resolution strategies, network with dispute resolution experts, and gain insight into the current state of dispute resolution in the US.

The Werner Institute of Dispute Resolution will open its doors in fall 2005 at Creighton Law School, thanks to a gift of more than $4 million from Gail Werner, a law school alumna. The institute "will be in full swing" by the spring semester of next year, says Creighton's Dean, Patrick Borchers.

Recently, Arthur Pearlstein accepted an offer to become the new institute's director. Pearlstein will come to Creighton Law on May 10 after wrapping up his stint as General Counsel and Director of Alternative Dispute Resolution Programs with the Federal Mediation and Conciliation Service in Washington, DC. An expert in the field of alternative dispute resolution, Pearlstein brings "terrific qualifications to head up this new venture," says Borchers.

Gail Werner was the prime mover behind the institute, says Borchers, who began discussing the idea with her two years ago. One goal for the institute is for it to serve as an educational resource for law students and area lawyers. Also, in keeping with the law school's Jesuit foundation, the institute will provide a service to members of the community, helping them to manage their own disputes and avoid the courts when possible, says Borchers.

Specifically, the institute will take on some of the alternative dispute resolution courses now being offered at Creighton Law while also building new programs. Borchers envisions seminars for practicing lawyers on specific types of mediation (employment, environmental, or divorce cases). The most growth will be on the continuing-education side, with a 50-50 split between programs for law students and Omaha-area attorneys, says Borchers.

There are several dispute-resolution options out there. Litigation is still the most common, for both criminal and civil cases. However, negotiation is often part of arguing that case in court, explains Professor Kenneth Melilli, who teaches negotiation, trial advocacy, and torts at Creighton Law.

Negotiation techniques can range from "power bargaining" to "problem solving," says Melilli, depending on the goal of the negotiation. Melilli was a federal prosecutor from 1982 to 1987. When negotiating pleas in that capacity, he usually tried to get defendants to agree to as much jail time as possible. Still, sometimes that desire was mitigated by wanting to have the defendant's testimony, and the negotiation technique would vary accordingly. In contrast, says Melilli, in a negotiation deciding a business issue, a lawyer may need to adopt a problem-solving method if the business relationship is going to continue.

Arbitration is another dispute-resolution method that is often mandated by the terms of a contract. It involves an impartial arbitrator or a panel of arbitrators hearing both sides of an issue and then making a binding ruling.

Then there is the other end of alternative dispute resolution (ADR)—mediation.

Mediation involves two sides of an issue and an impartial mediator. It is sometimes court-ordered, especially in family law cases such as divorce. It takes less time and is far less expensive than trying the same case in court. In its most essential form, mediation is mutually agreed upon problem solving. A lawyer can represent one side or could act as the mediator. Mediation can end any time either side decides to move on to litigation instead.

Borchers sees alternative dispute resolution as a reality of future legal practice, even though there is no formal mechanism right now in Nebraska courts (except on some family law cases) requiring an attempt at mediation before trial. But soon, Borchers predicts, "court-ordered mediation is coming" to the state.

Creighton's Professor Ron Volkmer, who teaches a mediation course, also sees this trend. "Mediation is becoming more and more prominent," he says. Most law schools are moving in the direction of offering ADR courses, so Volkmer thinks Creighton law is moving in the right direction with the launch of the Werner Institute.

Currently, Creighton has "outstanding trial advocacy teachers," says Volkmer. The Werner Institute will, he hopes, "provide a more balanced dispute-resolution concentration" at Creighton. Even as a law school prepares students to be litigators, those students will likely encounter mediations in their careers, says Volkmer. Also, the essential negotiation skills needed in mediation are "fundamental to being a lawyer," adds Volkmer.

As for lawyers serving as mediators themselves, Borchers says that in mediations with no legal components—such as disputes over a barking dog—lawyer-mediators are not needed. But if there are legal dimensions to the issue—a person has been fired and feels it was unjustified—then having a lawyer as the mediator is useful.

The parties involved in mediations meant to replace lawsuits or divorce court proceedings need a mediator who can tell participants about their real chances at a trial, says Borchers, and motivate them to reach a solution cooperatively.