Scholarship

Publications

Jonathan Cohen

  • Legislating Apology: The Pros and Cons, 70 University of Cincinnati Law Review 3 (2002).
  • When People are the Means: Negotiating with Respect, 14 Georgetown Journal of Legal Ethics 739 (2001).
  • Apology and Organizations: Exploring an Example from Medical Practice, 27 Fordham Urban Law Journal 1447 (2000).
  • Introduction to Negotiating on Behalf of Others, Robert H. Mnookin and Jonathan Cohen [Mnookin, Lawrence E. Susskind, and Pacey C. Foster, eds., 1- 20 (Sage 1999).]
  • Advising Clients to Apologize, 72 Southern California Law Review 1009 (1999).

Don Peters

  • Oiling Rusty Wheels: A Small Claims Narrative, 50 Florida Law Review 761 (1998).
  • Mapping, Modeling, and Critiquing: Facilitating Learning Negotiation, Mediation, Interviewing and Counseling, 48 Florida Law Review 875 (1996).
  • Forever Jung: Psychological Type Theory, The Myers-Briggs Type Indicator, and Learning Negotiation, 42 Drake Law Review 1-121 (1993).
  • Maybe That’s Why I Do That: Psychological Type Theory, the Myers-Briggs Type Indicator, and Learning Legal Interviewing, 35 New York Law School Law Review 169 [co-authored w/ Dr. Martha M. Peters]
  • You Can’t Always Get What You Want: Organizing Matrimonial Interviews to Get What You Need, 26 California Western Law Review 257 (1989-90).

Leonard L. Riskin

Consulting Abstracts

Jordan Collaborative development of ADR curriculum

The Institute participated in a two-year project to develop alternative dispute resolution curriculum and train faculty teaching interested in teaching in these areas at the Yarmouk University Faculty of Law in Irbid, Jordan. The project began when Don Peters visited Jordan in June, 2000, on a US State Department Specialist grant to consult with universities regarding the development of ADR curriculums. It continued with an Institute co-sponsored ten day visit to the Levin College of Law by Yarmouk’s Dean, Director of its Commercial Law Department, and Professor Sa’ed Al-Muhtaseb, the young faculty member most likely to offer these courses initially. The Yarmouk Faculty during this visit observed dispute resolution classes and actual mediations in the County Mediation clinic taught and supervised by Institute Faculty and met with local judges and court administrators. Institute faculty shared more than 400 pages of teaching materials and problems which Professor Al-Muhtaseb then translated into Arabic. After this visit the Yarmouk Law Faculty approved the first negotiation and mediation course to be offered at a law faculty in Jordan.

The next step in this collaboration occurred in the summer of 2001 when Don Peters, on a Fulbright Senior Specialist grant, spent two weeks Yarmouk. While there Don consulted with Faculty and English-speaking students about the proposed ADR course. He worked extensively with Professor Al-Muhtaseb and other Yarmouk faculty interested in developing and teaching courses in this area. He also met with Jordanian judges and government officials, including the Minister of Justice, promoting the development of formal, court-annexed mediation systems to deal with a significant case overload in many of Jordan’s courts. Professor Al-Muhtaseb then spent three weeks in late August and early September of 2001 at the Levin College of Law on a jointly sponsored trip where he co-taught with Director Peters the intensive seminar that begins the County Mediation Clinic. He also observed and co-mediated cases.

Future possibilities include seeking an Educational Partnership grant to further develop this collaboration when Jordan returns to the eligible countries list, proceeding with World Bank funding ideas that Director Peters helped draft during his visit, and bringing another Yarmouk Faculty member for training at the beginning of a future fall term.

Uganda Mediation training through ILI-Kampala; curricular consulting / development with Law Development Centre

The Ugandan collaboration has occurred on two levels. One provides introductory information and training through one week courses sponsored by the International Law Institute-Kampala, as part of its capacity building efforts. Director Peters has presented four courses to more than 90 lawyers, judges, government administrators, and business men and women from Uganda, Kenya, Tanzania, Rwanda, Zambia, Zimbabwe, Malawi, Nigeria, and Namibia. These courses introduce mediation theory, provide opportunities to practice mediation skills in short role plays, and present discussions regarding whether and how Florida’s approach to mandatory, court-connected mediation might be adapted to their courts and other dispute resolutions systems. This continuing relationship depends upon ILI’s funding sources and interests. Current plans include the possibility of offering one or possibly two courses in Uganda annually. Students in these courses have expressed interest in finding funding support for separate workshops in Kenya, Nigeria, and Zambia.

The second Ugandan collaboration is with the Law Development Centre[ LDC] in Kampala, a mandatory, post-graduate education program for all persons seeking admission to practice law in Uganda. Director Peters has collaborated with LDC faculty in developing curricular approaches to negotiation that include developing locally relevant simulations and role plays. In the summer of 2001 Director Peters participated in a four day workshop co-sponsored by LDC, given to fifty lawyers and social workers, that emphasized negotiating, mediating, counseling, and interviewing skills. In October 2001, IDR co-sponsored a visit to the Levin College of Law by the Director of LDC, the Associate Director of the Legal Aid Clinic at LDC, and a Justice of the Ugandan High Court. This visit included class and mediation observations and meetings with judges and court-administrators. Future plans including continuing the collaboration while developing a mediation clinic at LDC along with continuing to encourage the Ugandan Parliament and Judiciary to support court-annexed mediation.

Poland Teaching ADR, training mediators, developing mediation

The Poland collaboration flows primarily from Institute Faculty presenting courses annually in ADR to Polish students at the Law Faculty of the University of Warsaw enrolled in the American Law Center sponsored by the Levin College of Law. It has included Director Peters presenting a workshop on court connected mediation to forty Polish judges in February, 2001. It also included Director Peters developing materials for and then co-presenting the first commercial mediation training program conducted in Poland, sponsored by the Polish Arbitration Association.

Haiti Developing, presenting grass roots mediation training materials and programs

Institute Faculty also participated extensively in a two grant cycle under the U.S. State Department’s Citizen Exchange Program. This effort featured short, one or half-day mediation training workshops, geared to grass roots citizen levels. Institute Faculty made five visits to Haiti and presented 13 full day and 4 half day workshops to more than 600 Haitian citizens during these visits. These presentations used materials, including a demonstrated videotape that faculty produced, which were translated into Haitian Creole and made available to participants and sponsors. In addition, the Institute co-hosted three visits from Haitian participants interested in developing conflict resolution programs.

Malaysia Mediation and negotiation training

Director Emeritus Peters has designed and presented two mediation training courses in Malaysia. One, conducted in July of 2000, was a three day program with the first two days devoted to advanced commercial mediation instruction. The third day presented the first family mediation training program held in Malaysia. In July of 2001 Director Emeritus Peters presented a two-day negotiation and mediation skills program at the University of Malaysia where Don had served as a Fulbright scholar in 1981-82.