Mediation On-Line A Newsletter from ADR Resources http://adrr.com/adr9/072.htm Volume 8, #4 (Fall 2005) From: srmarsh (at) adrr (dot) com Subscribe

Greetings:

This is the Fall newsletter.  It will be short.

Interesting new Mediation & ADR (and other) web sites and useful links:

• http://www.givebackthetaxcut.org/index.asp
• http://www.mediationuk.org.uk/ -- a national site.
• The updated http://www.eeoc.gov/mediate/
• http://www.iimcr.org/process.cfm?pageID=1
• http://www.fmc.ca/
• http://www.mediationworks.com/
• http://www.schoolmediation.com/

Books/Research

I am still looking for a review copy of Russell Korobkin, Negotiation Theory and Strategy (Aspen, 2002) or a good review of the book.

But, speaking of books, I've come back to look at _Breaking the Impasse_, a public dispute text by Susskind & Cruikshank published in 1987.  

We have a problem that Susskind identified then, and it is worse.

The issue is that the hybrid rule-making process "in the sunshine" and open to universal challenge results in processes that are subject ot detailed review.  This means delays, expense and consumption of resources.

Our society has three solutions (guess I should put "solutions" in quotes).

First, steamroll the process, gutting procedures that protect the public interest.  This is the backlash that has developed against continual challenge and delay.

Second, collapse: no more refineries, no more power plants, no more waste disposal.  $500.00/gallon gasoline and continual rolling blackouts.

Third, revitalized procedures that allow input without collapse and that resist special interest steamroller approaches.

I'll write more later.  Life is just very busy.

On a recent book I read, I arrived home and my daughter informed me that she no longer needed to mow the lawn as it was impossible to tell when the grass was long enough. When I began to discuss the issues with her it became obvious she has read Past the Linguistic Turn? by Timothy Williamson and adopted his discussion of Mars being wet or dry to the lawn needing to be mowed or not. I found a lawn service that was able to answer the question as to when the lawn needed mowing -- they had finished the essay rather than stopping in the middle.

She then told me that calculus was no longer essential since Jaegwon Kim had shown that Zeno's paradox refuted the concept of causal chains necessary for cartesian minds, and therefore refuted calculus.  I suggested that The Mind-Body Problem at Century's Turn was not a good place to get updated on the theory of limits (cf pages 130-131).  I was still right when I pointed out that it was a necessary implication of trying to square a circle or trisect an angle.

Finally, I heard from my old buddy Alejandro, the one who had informed me that Marx had established that there were no working class gays (we were students at CSULA together -- it is a working class school -- and I pointed out to him that Marx was refuted and that there were lots of working class gays. He told me that I was wrong, Marx was timeless and always right).  He pointed me to Brian Leiter's The Hermeneutics of Suspicion:  Recovering Marx, Nietzsche and Freud.  I replied that while mistakes made by George Bush may be important, they were probably not (I hoped) going to define the 21st century, and that the thought that limits on sexual conduct were merely a reflection of sexual inadequacy and the miserable state of man was older than the Greeks.  As for attacks on the belief in God being only an unconscious infantile wish, that was probably as old, if not older. I suggested that Freud's philosophy probably was not stronger than his science, an observation he claimed I had made about Aristotle.

On the good side, if you've wondered where philosophy has been and is going, The Future For Philosophy, edited by Brian Leiter, Clarendon Press/Oxford University Press 2004 is a great update if you intend to do  work on the intersection of ADR & Philosophy.  Take my review as tongue in cheek.

Employment

FACULTY, HOFSTRA LAW SCHOOL, HEMPSTEAD, NY

Hofstra Law School invites applications for the non-tenure track position of clinical professor for its new securities arbitration clinic. This position is scheduled to begin Nov. 1, 2005 and preference will be given to applications received before Oct. 1. For more information, see http://www.hofstra.edu/PDF/law_clinic_hiring_fall05.pdf, contact Prof. Grant M Hayden, Chair, Clinical Appointments Committee, Hofstra University School of Law, 121 Hofstra University, Hempstead, NY 11549 or email colemanl@missouri.edu.

FACULTY, NEW YORK UNIVERSITY SCHOOL OF LAW NEW YORK, NY

New York University School of Law seeks several non-tenure track faculty to teach a two-semester first-year lawyering course. Candidates are strongly encouraged to apply before Oct. 1. For more information, contact NYU Lawyering Program, NYU School of Law, 40 Washington Square South, New York, NY 10012, attn: Jennifer Bernucca, assistant to the Lawyering Personnel Committee, bernucca@juris.law.nyu.edu, or email colemanl@missouri.edu.

CONFLICT RESOLUTION SPECIALISTS AND ADR ATTORNEYS, FEMA

FEMA (the Federal Emergency Management Agency) has posted announcements for highly qualified "Conflict Resolution Specialists" and "Alternative Dispute Resolution Attorneys" to join a special ADR team to assist in disaster response and recovery. A total of 25 positions will be filled. Closing date for these positions is Monday, Oct. 10. For Conflict Resolution Specialists (non-attorneys): http://www.fema.gov/career/get_desc.jsp?id=10805 For ADR Attorneys: http://www.fema.gov/career/get_desc.jsp?id=10806

FACULTY, WILLIAM MITCHELL COLLEGE OF LAW ST. PAUL, MN

William Mitchell College of Law is seeking a faculty whose responsibilities will be split between skills teaching and doctrinal courses. In most years, one half of the teaching load will be to co-ordinate either of the two required skills courses. The other half of the teaching load will be to teach other courses with specific areas of need including civil procedure, criminal law, trusts and estates, family law, professional responsibility, evidence, and clinical and skills-based teaching. Interested persons should apply before Nov. 1. For more information, contact Prof. Christina L. Kunz, Chair of Appointments Committee, William Mitchell College of Law, 875 Summit Avenue, St. Paul, MN 55105 or email colemanl@missouri.edu.

FACULTY, NORTHERN ILLINOIS COLLEGE OF LAW DeKALB, IL

Northern Illinois University College of Law plans to hire at least two faculty, with areas of interest including, but not limited to, torts, criminal procedure, and skills training. For more information, contact Prof. Daniel M. Schneider, Chair, Appointments Committee, Northern Illinois College of Law, Swen Parson Hall, DeKalb, IL 60115-2890 or email colemanl@missouri.edu.

EXECUTIVE DIRECTOR, PUBLIC CONVERSATIONS PROJECT WATERTOWN, MA

The Public Conversations Project (PCP), a national nonprofit, seeks an executive director. For more information about PCP, see http://www.PublicConversations.org, for the job description, see http://www.NonprofitProfessionals.com/searches/pcp-ed.htm. Applications are due by Nov. 11.

FACULTY, UNIVERSITY OF NEVADA, LAS VEGAS – WILLIAM S. BOYD SCHOOL OF LAW LAS VEGAS, NV

UNLV Law School invites applications for faculty positions. It has flexibility in its subject matter interests, including faculty to teach clinical and lawyering process courses. For more information, contact Prof. Jeffrey W. Stempel, Chair, Appointments Committee, UNLV-Boyd School of Law, 4505 Maryland Parkway – Box 451003, Las Vegas, NV 89514-1003, agirod@e-mail.unc.edu or email colemanl@missouri.edu.

DIRECTOR, SECURITIES ARBITRATION CLINIC, ST. JOHN’S UNIVERSITY SCHOOL OF LAW JAMAICA, NY

St. John’s University School of Law invites applicants for a full-time faculty clinical teaching position as the director of the Securities Arbitration Clinic and an assistant professor of clinical education. For more information, contact Andrew J. Simons, Associate Academic Dean, at simonsa@stjohns.edu or at St. John’s University School of Law, 8000 Utopia Parkway, Queens, NY 11439 or email colemanl@missouri.edu.

FACULTY, UNIVERSITY OF NORTH CAROLINA SCHOOL OF LAW CHAPEL HILL, NC

The University of North Carolina School of Law is hiring faculty in its civil and criminal law clinics. These faculty would work on further development of the clinical programs and teach a criminal lawyering process or civil lawyering process class to clinic students and may teach other courses. For more information, contact Alice B. Girod, Administrative Assistant to Faculty Appointments Committee, School of Law, Campus Box 3380, Chapel Hill, NC 27599-3380 or email colemanl@missouri.edu.

FACULTY, UNIVERSITY OF NORTH DAKOTA SCHOOL OF LAW GRAND FORKS, ND

The University of North Dakota School of Law seeks to hire faculty to teach courses in business associations, criminal law, and professional responsibility. It also anticipates curricular needs in ADR, energy and natural resources, and trial advocacy. For more information, contact Prof. Kathryn R.L. Rand, Chair, Faculty Selection Committee, University of North Dakota School of Law, P.O. Box 9003, Grand Forks, ND, 58202-9003 or email colemanl@missouri.edu.

FACULTY, CASE WESTERN RESERVE UNIVERSITY SCHOOL OF LAW CLEVELAND, OH

Case Western Reserve University School of Law seeks to hire two or three faculty to teach lawyering skills. For more information, contact Prof. Lewis Katz, Chair, Faculty Appointments Committee, Case Western Reserve University School of Law, 11075 East Boulevard, Cleveland, OH, 44106 or email colemanl@missouri.edu.

WILLAMETTE UNIVERSITY COLLEGE OF LAW SALEM, OR

Willamette University College of Law seeks faculty where the areas needed most include contracts, corporations and business law, commercial law, criminal law, dispute resolution, and evidence. For more information, contact Prof. Peter Letsou, Chair, Faculty Appointments Committee, Willamette University College of Law, 245 Winter Street SE, Salem OR 97301 or email colemanl@missouri.edu.  Note http://www.willamette.edu/wucl/cdr/faculty.htm

FACULTY, SOUTH TEXAS COLLEGE OF LAW HOUSTON, TX

South Texas College of Law seeks to hire faculty, with areas of interest including ADR, technology, energy, and advanced business organizations. For more information, contact Prof. Fran. Ortiz, Chair, Faculty Appointments Committee, Chair, Faculty, Appointments Committee, South Texas College of Law, 1303 San Jacinto Street, Houston, TX 77002, fortiz@stcl.edu or email colemanl@missouri.edu.

MU LAW SCHOOL SEEKS NEW DIRECTOR FOR CENTER FOR THE STUDY OF DISPUTE RESOLUTION

After many years leading the Center for the Study of Dispute Resolution, at the end of this academic year, Prof. Leonard Riskin will return to full-time teaching at the Law School, which is seeking to hire his successor. The Center’s mission is to develop and promote appropriate methods for understanding, managing and resolving domestic and international conflict, and the use of dispute resolution techniques to enhance informed decision making. The Center has long been regarded as one of the top dispute resolution programs in the country. The director will provide leadership for all facets of the Center, including coordinating and enhancing the activities of members and senior fellows of the Center, grants and fundraising, training, an LL.M. in Dispute Resolution, a student mediation clinic, the student Journal of Dispute Resolution, and affiliations with other schools and departments on campus, including a partnership with the internationally renowned Missouri School of Journalism. The director is supported by an Associate Director and an administrative staff. The position would begin in the summer or fall 2006. Nominees should have a distinguished reputation in the dispute resolution field as a scholar, practitioner, or administrator. The University of Missouri is an equal opportunity/ADA institution and is particularly interested in applications from women and minorities. Applications from candidates outside the United States are also welcome. Nominations and applications should be sent to Associate Dean David Fischer, Chair, Faculty Appointments Committee, University of Missouri-Columbia School of Law, 226 Hulston Hall, Columbia MO 65211-4300. Review of applications will begin immediately, and will continue until a suitable candidate is hired. For more information about the Center, see http://www.law.missouri.edu/csdr/.

FACULTY, QUEENS UNIVERSITY FACULTY OF LAW KINGSTON, ONTARIO, CANADA

Queen’s University Faculty of Law invites applications for up to four tenure-track or tenured appointments. The Faculty of Law is particularly interested in applicants with expertise in tax, business law and commercial law, international law, private law, labour law, intellectual property / information technology, and civil procedure / dispute resolution. For more information, see http://law.queensu.ca/faculty/Advertisement2005.pdf. Application deadline: Oct. 11.

CONSULTANT, LOS ANGELES SUPERIOR COURT ADR DEPARTMENT LOS ANGELES, CA

The Los Angeles Superior Court ADR Department is implementing an early neutral evaluation program and seeks an early neutral evaluation program consultant. For more information, email ColemanL@missouri.edu or contact Julie L. Bronson, ADR Administrator, Los Angeles Superior Court, at jbronson@lasuperiorcourt.org.

FACULTY, LIBERTY UNIVERSITY SCHOOL OF LAW LYNCHBURG, VA

Liberty University School of Law intends to fill at least four tenure-track faculty positions, particularly looking for faculty with ABA teaching experience. The Law School offers a required six-semester sequence of Lawyering Skills courses. For more information, see http://law.liberty.edu/ or email colemanl@missouri.edu or law@liberty.edu.

Comments

I need to write on what would happen if a mediator were to be president.  When I have time.

Submissions to adrr.com

As always, I am interested in any submissions or articles anyone would like to have posted on the web -- and I am glad to be able to point them out in this newsletter.  I prefer to post material as you have written it, with no editorial changes by myself.  srmarsh (at) adrr (dot) com is the best e-mail address to use to reach me, though I sometimes am not able to check my e-mail for 3 or 4 days.

With my best regards, I remain,

Sincerely yours,

Stephen Marsh
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