2012 Hawaii Mediation Workshop for Judges

A Program for Judges from the Kingdom of Thailand

Presented at the

William S. Richardson School of Law

University of Hawai'i

Honolulu, Hawai'i

September 11 (Tuesday) – September 22 (Saturday), 2012

Prof. John Barkai Phone: 808-9566546; Cell: 808-398-3570

University of Hawaii School of Law Web Site: www2.hawaii.edu/~barkai

E-Mail: Class: 9-12 p.m. 1-4 p.m.

42 classroom hours of instruction and visits to the Hawaii and Federal Courts

SYLLABUS WILL BE UPDATED

Date/Time / Topics & Readings
Tues. Sep. 11 / Judges arrive and do their own orientation and class
Wed. Sep. 12
9-12 p.m.
1-4 p.m. / 9 am - Opening Reception -
Welcome By Dean Soifer
Overview Of Workshop & Conflict Resolution
Introduction To Various Models Of Mediation
Mediator Orientations & Styles
Lunch hosted at the Law School followed by Campus Tour
Conducting A Mediation
Convening the Mediation
Opening Statements
Defining Issues
Setting An Agenda
Video Demonstration
Managing & Coaching Negotiations
Using Caucuses
Breaking Impasses
Documenting Agreement
New Hawaii ADR Court Rule 12.2 (June 2012)
Thu. Sep. 13 / TOUR HAWAII STATE & FEDERAL COURTS
Visit Hawaii Supreme Court
Visit Hawaii Judiciary’s Center for ADR
Visit the Judicial History Center
11:30 Lunch on your own in downtown
Visit State and Federal Courts
1 pm - Hawaii Circuit Judge Gary Chang
2 pm - Federal Chief Judge Susan Mollway
Fri. Sep 14 / The Negotiation - the heart of mediation
Negotiation Strategy & Tactics
Interest-Based & Distributional Bargaining
Negotiation & Mediation Simulation & Video
Communication for ADR
Mon. Sep. 17 / NGO ADR Services in Hawaii
Tracey Wiltgen, Mediation Center Of The Pacific – 9 am
Facilitative and Evaluative Mediation Techniques
Settlement Conference v. Mediation
Restorative Justice – Judge Leslie Hayashi & Lorren Walker - 3 pm
Tues. Sep. 18 / Private ADR Services - 10 am
Judge (ret) Riki Amano
Dispute Prevention & Resolution (DPR)
Best Practices and Ethics in Mediation
Drafting & Enforcing Settlement Agreements
Cultural Considerations In Mediation
Myers-Briggs and Conflict Resolution (optional)
Lou Chang – Breaking Impasses – 1pm
Wed. Sep. 19 / Family Mediation – Judge (ret) Allene Suemori - 9 am
Mediation Advocacy
Creating A Mediation Plan
Borrowing The Power Of The Mediator
Controlling/Cooperating With Advocates
Mediation Advocacy Simulation & Videos
Peter Adler – 1 pm – using ADR in other ways
Tim Ho – 3 pm - Plea Bargaining
Thu. Sep. 20 / Judges Mediating In And Out Of Court – Guest Judge
Mediating Meetings (Meeting Facilitation)
Facilitation Simulation
Current Research about mediation and settlement
Bruce Barnes – ADR is disaster situations
Fri. Sep. 21 / Where do you go with mediation from here?
Personal Conflict Resolution: Tongue Fu, Difficult Conversations, Apology, "Why Can't You Shut Up?"
Closing Ceremony
Sat. Sep. 22 / Return to Thailand

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