Professor of Law, Central European University, Legal Studies Departmen, Eötvös Loránd University, Faculty of Law. J.D., 1968, Eötvös Loránd University, Faculty of Law, Ph.D. in 1987, Hungarian Academy of Sciences. She has been teaching at Eötvös Loránd University since 1969. She was serving as Associate Dean in Charge of International and Academic Affairs of ELTE Law School from 1991 through 1995. Became the Chair of the Labour Law Department in 1992, and has been active in this position with an interruption from 1997 to 2000. Between 1997 and 2000 she served as the Dean of Legal Studies at the Central European University. Fulbright Professor at Stanford Law School in 1990-1991. Beyond a short period of working as practicing lawyer besides university teaching (1988-1990) she has been active as board member or advisor in a number of professional and civil organizations active in the field of labour law, industrial relations as well as minority and gender protection.

Clinical Professor of Law, Benjamin N. Cardozo School of Law/Yeshiva University. J.D., 1979, Georgetown University; M.Ed., 1975, Virginia Commonwealth University; B.A., 1973, Harvard University. Professor Love has served as a mediator, arbitrator, and dispute resolution consultant in a variety of community, family, commercial and public disputes. In 1993, she was awarded a citation by the City of Glen Cove for successfully mediating a long-standing dispute between the city and its Salvadoran community. Professor Love co-chairs the Committee on Qualifications and Training for Neutral’s for New York’s Unified Court System. She has assisted the State of Florida in implementing its mediator qualification requirements; developed a program for training mediator trainers and a teaching manual for the State of Michigan; and written a mediator’s manual for a mandatory mediation program for Louisiana’s Office of Workers’ Compensation. As a member of George Washington University’s clinical law faculty, Professor Love developed and directed the Small Business Clinic at the National Law Center. She is member of the Bar in New York, New Hampshire, and the District of Columbia.

Judge and President of the National Labour Court of Israel and Professor of Law at Hebrew University, Faculty of Law and Tel-Aviv University, Faculty of Law. J.D. 1965 - Columbia University Law School

B.S. 1962 - I.L.R. - Cornell University School of Industrial and Labour Relations. Justice Adler has several decade long experience in theory and practice of dispute resolution. Before becoming a Justice of the National Labour Court in 1985 he was a judge and from 1981 Chief Judge of the Jerusalem Regional Labour Court. Parallel with the judicial profession he has been active as a teacher in higher lever legal education. He is a Professor of Law of the the Faculty of Law of Hebrew University and the Faculty of Law of the Tel-Aviv University since 1996. His teaching experience includes lecturing at Max Planck Institute, Munich and teaching as Adjunct Professors in Cardozo Law School in 1997 as well as being a faculty and member of the Board of Directors of the Israel Judges' Training Institute. He is the President of the Israeli Chapter of the International Society for Labour Law and Social Security.

Associate Clinical Professor and Dispute Resolution Institute Fellow, Hamline University School of Law. J.D., 1986, Northeastern University School of Law. Professor Coben has pioneered a variety of innovative ADR clinical opportunities, including mediation advocacy on behalf of clients in family and employment cases. He is a member of the Minnesota Supreme Court ADR Review Board and is a Board Member and Ethics Columnist for the Journal of Alternative Dispute Resolution in Employment, published by CCH Incorporated. He currently is serving as co-chair of the Second Annual Legal Educator’s Colloquium co-sponsored by the Dispute Resolution Section of the American Bar Association and the Association of American Law Schools. He regularly mediates civil and family law disputes. Since 1994, Professor Coben has been a Senior Trainer for Hamline’s Dispute Resolution Institute designing and conducting a wide variety of ADR trainings for lawyers, judges, and other professionals.

Executive Director of Partners Hungary Foundation since 1994; Adjunct Professor in Social Work - Social Policy Training. Degree in Psychotherapy, 1986, Institute for Postgraduate Medical Training, Budapest; Degree in Psychiatry, 1978, Institute for Postgraduate Medical Training, Budapest; M.D. 1972, Semmelweis Medical University, Budapest; Visiting Scholar, University of Michigan School of Social Work, 1995; Lecturer, Mandel School of Applied Social Sciences, Case Western University, Cleveland, Ohio; Extensive publications in the field of social work supervision and training; Active private practice in psychotherapy; Member of the Board of the Soros Foundation and Director of the Board of the Foundation for Self Reliance.

Charles D. Nupen (ILO Project, South Africa)

Law Degree, at Natal University, Durban, South Africa, 1977. Director Nupen was practicing public interest law (human rights and labour law) at the Legal Resources Centre in Johannesburg. 1987 to 1994 he was active as the Director of the Independent Mediation Service of South Africa. During this time the institution grew into a national conflict management agency. In 1995 he became the Chair of the National Bargaining Forum in the South African Auto Industry. Upon request from the government in 1996 he established and for the first year of operation directed the Commission for Conciliation, Mediation and Arbitration (CCMA). Was active as trainer and practitioner in the field of conflict management as well as directed several ILO projects. Currently he is Chief Technical Advisor and Director of ILO projects on labour law reform, development of labour dispute settlement in South Africa, Namibia and Lesotho.

Associate Professor of Law, University of Missouri-Columbia School of Law. S.J.D. and L.L.M., Stanford Law School; J.D., Georgia State University. Professor Reuben is a former Senior Research Fellow in Law and Dispute Resolution at the Harvard Negotiation Project of the Program on Negotiation at Harvard Law School, and a Reporter for the Mediation Law Project of the American Bar Association/National Conference of Commissioners on Uniform State Law. A lawyer and journalist, he has been nominated for a Pulitzer Prize for his coverage of the U.S. Supreme Court and other legal matters, and is currently the Editor of Dispute Resolution Magazine, a quarterly publication of the American Bar Association. He also is a consultant to various federal and state agencies on dispute resolution issues, and served for two years as the Associate Director of the Stanford Center for Conflict and Negotiation.

Professor of Law, Ohio State University College of Law; J.D., New York University School of Law; M.A., Ph.D,, The University of Rochester. Professor Stulberg has worked in the area of dispute resolution in a variety of contexts. He has headed the Community Dispute Services of the American Arbitration Association, acted as a private consultant, taught as an Adjunct Professor at Brooklyn Law School and as an Associate Professor in the Department of Management, School of Business and Public Administration, Baruch College of the City University of New York, and directed the Master of Arts in Industrial Relations Program (while teaching law courses) at Wayne State University. While at Wayne State, he also chaired the Department of Management and Organizational Science. Immediately before coming to Ohio State in 1998, Professor Stulberg was Professor of Law and Director of Advanced Studies at the University of Missouri-Columbia School of Law. He has written extensively in the area of dispute resolution.

Manfred Weiss (Johann Wolfgang Goethe University, Frankfurt am Main)

Professor of Law, Johann Wolfgang Goethe University, Faculty of Law, Frankfurt am Main. Graduated in Law in 1964, Freiburg University. In 1965-66 Research Fellow at U.C. Berkeley. Professor Weiss has been a full Professor since 1974, first at the Faculty of Law of the University of Hamburg and then from 1977 at the Johann Wolfgang Goethe University. He served as the Dean of the Faculty of Law from 1989 through 1990. He has held visiting professorships at the law schools of the Catholic University in Leuven, the University Paris-Nanterre, the University in Strasbourg, the Sorbonne in Paris, the University Montesquieu Bordeaux, of the University of Pennsylvania in Philadelphia, the University of Florida in Gainesville and the New York University. He has also been a visiting professor and governmental advisor on labour law reforms in Central- and East European countries and in South Africa. He is President-of the International Industrial Relations Association.

This course is designed to facilitate the exchange of ideas and cooperative projects among academics, professionals and students in the East and West who are pursuing the study of conflict and conflict resolution processes. The program, set in the context of Central and Eastern Europe’s emerging democracies, will focus primarily on mediation and other consensual methods for addressing and resolving conflict and promoting understanding between peoples.

Students will begin the sequence by participating in a two-week course centered on mediation theory and skills and methods to foster democratic dialogue. They then can elect to take either a two-week course in conflict theory or a two-week course exploring ADR methods in the employment arena. All of the offerings will include multi-national perspectives and examples. This program will enable students to critically examine the challenges of the design and delivery of ADR initiatives in multiple contexts, including countries where the "rule of law" still is being established.

The primary target group of this course is junior and middle career faculty as well as doctoral students at law schools or faculties of social science and public administration in the CEE region as well as American law students pursuing the J.D. degree who have completed prior relevant course work in dispute resolution, labor or employment law. Additionally, course targets include academics and professionals in psychology, social work, public policy, political science, government and labor relations.

Through lecture, discussion, demonstration and role-plays, students will be introduced to mediation theory and skills and examine the impact of culture and context on the mediation approach adopted. Examples will focus on mediation models and scenarios from both the United States and Central and Eastern Europe. The course will also examine a variety of strategies to foster and support democratic and constructive dialogue, particularly focusing on "high-conflict" situations involving inter-ethnic tensions. Students will study efforts in Central and Eastern Europe to promote meaningful democratic dialogue in times of national and international crisis. Participants should come prepared for a highly interactive learning experience.

July 9 Principles of Dispute Settlement and Introduction to Negotiation Theory

Lecture and general discussion examining assumptions about dispute settlement, analyzing various dispute settlement methodologies, and exploring the role of mediation within that context. A small group negotiation exercise will illuminate the principles and dynamics underlying voluntary dispute settlement methodologies.

A brief history of conflict in Central and Eastern Europe will be presented.

July 10 An Overview of the Mediation Process and Related Mediator Skills

A demonstration of a mediator at work will be followed by an examination of the various functions the mediator fulfills and the types of traits/interpersonal skills required of persons discharging these functions.

A summary description of conflict resolution initiatives in Central and Eastern Europe will be presented.

July 11 Structuring and Beginning a Mediation Session

Analysis of the appropriate ways for convening and structuring the participation of parties, witnesses, support persons, attorneys and other representatives and interpreters in the mediation conference. Room design and seating arrangement for mediation sessions will be examined, as well as the components of an opening statement by the mediator.

The class will view and analyze a movie portraying a variety of conflict resolution processes.

July 12 Listening Constructively to Disputing Parties and Crafting a Discussion Agenda

Lecture and interactive exercises will focus on fact-gathering, note-taking and questioning techniques. The task of translating hostile and adversarial communication into building blocks of collaborative dialogue will be explored, as well as the mediator’s role in identifying, framing and ordering the issues in dispute.

July 13 Generating Movement Towards Understanding and Agreement

Lecture, discussion and exercises examining the rationale of various settlement strategies that a mediator can use to move the parties towards agreement. Analysis will highlight persuasive techniques for moving parties from impasse to settlement.

Practice in using techniques presented will follow.

July 16 Dealing Effectively with Diversity and Difference in the Mediation Context

An analysis of the effects of ethnic, religious, gender and other differences on the conflict resolution process.

An overview will be presented regarding conflicts between ethnic minorities and majorities in Central and Eastern Europe.

July 17 Meeting Separately with the Parties (Using the Caucus) in Mediation, Bringing Closure to Sessions and Capturing Agreements between Parties

An examination of the purposes and strategies of meeting in caucus sessions with the parties. Participants will review procedures for closing a mediation session and drafting mediation agreements.

A case study will be presented regarding an ethnic conflict.

July 18 Ethical Considerations in Mediation

Discussion and exercises focusing on ethical dilemmas faced by mediators, particularly challenges to a mediator’s impartiality, and the potential for abuse of discretion and power.

July 19 Using Mediation Skills to Foster Democratic Dialogue

An examination of the use of mediation and facilitation skills to encourage and support democratic dialogue in emerging democracies.

July 20 Pulling the Pieces Together: Final Mediation Simulations

Participants will conduct a mediation session and analysis will follow the completion of each simulation.

Course closure and evaluation.

FOR THE SECOND TWO WEEKS OF THE SEQUENCE STUDENTS CAN ELECT TO TAKE ONE OF THE FOLLOWING COURSES:

The concept of "justice" in the context of labor disputes has gone through dramatic changes and fluctuations in Central and Eastern Europe. From the law of lawless societies where rights and duties, liabilities and remedies were decided primarily on the basis of political and ideological considerations, the region is moving towards the "rule of law" where the law, set by the State, is enforced and recourse to independent courts is a right of every citizen. Labor disputes, once handled through workplace committees, "peoples' courts," or similar organs of "social justice," are now being channeled to an independent judiciary applying the "rule of law".

The initial burst of enthusiasm and optimism accompanying this trend has been tempered by the harsh realization that in countries with very limited resources, open access to a court system is severely limited by insufficient staff and infrastructure. The lack of real enforceability of rights through the state court system has prompted use of Alternative Dispute Resolution (ADR) processes to deliver justice and resolve labor disputes. Mediation and conciliation are now among the standard and primary processes for conflict resolution in the new labor codes for resolution of collective labor conflicts, as well as being targeted, in some countries, for individual labor disputes too.

Even though ADR processes now are available, they are used far too infrequently. Education about, and consequently awareness of, the available processes has been lacking. Past manipulative use of non-court-based institutions (particularly "soft" methods like mediation) has led to a loss of credibility and legitimacy of ADR processes. Finally, the lack of adequate quantity and quality of expertise in the CEE countries about ADR methods hampers their use and growth. This course is intended to fill the educational gap, offering a course of study in both theory and skills connected with ADR and labor disputes.

July 23

Introduction to the course and defining the starting point for the two weeks program.

Analysis of the suitability of mediation/conciliation in labor and employment situations involving a power imbalance between the parties. The class will distinguish between legal and non-legal disputes and compare traditional and alternative dispute resolution methods.

July 24

International, regional and historic comparison and survey of conventional and non-conventional dispute resolution methods. This class will examine: Central-East European developments from party commissioners to private mediators; the impact of the short term and long term history and traditions on the preferred ways of dispute resolution; advantages and disadvantages of pursuing various dispute resolution alternatives; and the influence of Western (primarily American and British) dispute resolution methods on the legislation about and practice on industrial disputes in the Central and East European countries.

July 25

Individual disputes. Options of conflict resolution. Similarities and dissimilarities in European and Central- East European employment dispute resolution. Principal and pragmatic background of the actual solutions and their changes. The impact of the business and constitutional environment to accepted methods of individual labour law disputes. A critical analysis of the operation of the labour courts in the Czech Republic, Poland, Hungary and Germany. Advantages and disadvantages of judicial intervention and options for dispute resolution connected to the role of the judge. Termination of the employment relationship as a special case for the use of ADR methods.

July 26

Collective interest disputes. Categories of typical subject matters of collective interest disputes. Principal differences dividing the two sides of the world of labour: share in the results of the production. Fundamental conflicts and secondary conflicts in an employment relationship and their solution possibilities. Disputes about share of gains and burdens deriving from the economic activity of the employer. Whose interest is efficiency and restructuring? Negotiation and conciliation about modernization. The role of mediation before and during institutionalized forms of disputes. How to know the dividing point between Models of successful conciliation and mediation in the course of restructuring and privatization.

July 27

Tripartism at national and regional level in the European context. Social Dialogue between poles and strata of the post-industrial society. The role of institutionalized forms of negotiation and conciliation (mediation) in the maintenance of peace at various levels of social and industrial relations. The protection and protectors of the different subordinated (disadvantaged) interest groups, such as unemployed, aged people, disabled people and disadvantaged ethnic minorities in the process of social negotiations and reconciliation. The importance of the culture of negotiation and mediation and its role in the future of the countries of Central Eastern Europe in comparison to the highly developed industrial democracies.

(Charles Nupen and Csilla Kollonay Lehoczky)

July 30

Conflict management options and approaches in labour management negotiations in transitional countries with highly polarized societies. The reflection of external tensions and conflicts in the organizational and operational structure of the company and the scale of possible reactions to emerging internal frictions. Optimal managerial and trade union attitudes in tensioned situations.

How to prevent disputes by balancing interests. Dispute prevention.

July 31

Involvement of third party into employment disputes. General views about third party involvement. Forms and possible outcomes of third party intervention. The need and limits of the involvement of public (state) institutions into the prevention or resolutions of labour disputes in a comparative analysis.

August 1

Mediation in individual disputes. The situation to be submitted to mediation. When is the need clear for involving a mediator? The way and main principles of selecting the mediator for a labour dispute. General preferences on the employer's and employee's side with respect to the person of the mediator and place of mediation. Who should be present at mediation? Preparation for mediation, documents and preparatory communications requested by the mediator.

August 2

The process of mediation in the case of organizational change. The involvement of managerial employees and employee representatives into the preparation of the decision making on the need for organizational change. Situation in need of mediation before and after the decision made on organizational changes. The extent of involvement of the hierarchical chain and horizontal relationships into the preparation and implementation of the decision. The form and role of the mediator.

August 3

Mediation in social conflicts beyond employment. Conciliation of interests of the various groups in need of social protection. Participation of affected social groups in economic and social policy making in transitory countries. The legal, social and political factors determining the room for negotiating and conciliatory techniques.

Conflict Theory and its International Applications

(Richard C. Reuben)

July 23. What Is the Nature of Conflict?

Introduction to the course and defining the starting point for the two weeks program.

We will seek to define conflict, and in so doing we will explore the different approaches to the source and nature of conflict in general. We will emphasize three basic schools of thought in this regard: individual characteristics theories, social process theories, and social structure theories. This class will also introduce the themes of international and cross-cultural -- particularly ethnic conflict – as the primary vehicles of illustration for the rest of the class.

July 24. Constructive Versus Destructive Conflict.

This class will examine the differences between conflicts and disputes, the desirability of conflict, the functions of conflict, and the conditions that facilitate conversion of conflicts from destructive to constructive, as we work toward a general framework for analyzing conflict.

July 25. Perceptions and the Development of Conflict

This class focuses on the role of perceptions in the development of conflict, underscoring the important psychological and related work that has been done with regard to our perceptions of ourselves and our perceptions of others. This discussion will include identity theory, attributional error, as well as the many variables and heuristics that can distort judgment in perceiving and responding to conflict. To better get a sense of how we relate to conflict, participants in the class will take a test on their conflict styles, which we will debrief as a group.

July 26. Conflict and Trust

This class introduces students to game theory as it relates to the nature and escalation of conflict, as well as the related literature on trust theory, competitive and cooperative strategies for dealing with differences. Students will also play and debrief a game set in the international context designed to illustrate these tensions.

July 27 The Escalation of Conflict

This class will analyze the nature of the escalation of conflict (emphasizing the capacity of our choices of conduct to contribute to escalation or de-escalation), and the concomitant ways in which conflict is transformed and changes structurally during the escalation process. The Cold War and other, more recent international conflicts, will serve as primary illustrative vehicles.

(Richard C. Reuben)

July 30. Why Conflict Endures

This class will explore the mechanisms that tend to cause escalation to persist, focusing in particular on international and intranational ethnic conflict. Students will also participate in a role play to help illustrate the principles of escalation and persistence, which will be debriefed as a group.

July 31. Stability and Instability

We will discuss the concept of stability, and factors that contribute to the development or erosion of stability. Similarly, we also analyze the concepts of stalemate and de-escalation. There will be either a film or role play that will help illustrate the principles of stability, stalemate and de-escalation.

August 1. Conflict and Conflict Resolution

We will formalize the connection between conflict theory and the different methods of conflict resolution, including in particular negotiation, mediation, and multi-party consensus-building.

August 2. Pulling it All Together

This class will use a major international role play exercise to synthesize the various elements of the course, which will be debriefed at length by the group.

August 3. Moving Forward with Conflict Theory, as People and as Citizens

This final class will look at the relationship between conflict theory and democratic theory, in particular the consolidation of new and emerging democracies, and work toward a framework that will permit students to apply their conflict theory teachings in practice when they return to their home countries and resume their normal lives.