Curriculum Vitae
Curriculum Vitae
Education
BS 1966, Brigham Young University; JD 1969, University of Utah.
University Honors
articles editor, Utah Law Review; 1970-72; Member, Order of the Coif
Experience
legal advisor, Navajo Tribal prosecutor, Window Rock, Arizona, 1969-70; fellow of the International Legal Center, Kabul, Afghanistan, 1970-72; author of publications about negotiation and alternative dispute resolution; visiting professor of law, Arizona State University, 1972; visiting professor, University of Cairo, and consultant to Egyptian Society of International Law, 1978-80; visiting professor, Harvard Law School, 1986, Founding member, J. Reuben Clark Law School, June 1973 to present; President, France Bordeaux Mission, 1998-2001.
Classes Taught
Legal Negotiation & Settlement, Advanced Negotiation, Dispute Resolution, International Conflict Resolution
Current Editorial Positions
Editorial Advisory Committee, Dispute Resolution Journal (American Arbitration Association) (since 1992)
Editorial Board, Alternatives to the High Cost of Litigation (CPR Institute for Dispute Resolution) (since 1991)
Current Professional and Public Service
Expert Panel, International Development Law Institute, Rome, Italy (since 1983)
Council of Academic Advisors, CPR Institute for Dispute Resolution (since 1987)
Judicial Project Advisory Council, CPR Institute for Dispute Resolution (since 1991)
Panel of Mediators, U.S. District Court for the District of Utah (since 1993)
Panel of Arbitrators, American Arbitration Association (since 1986)
Association for Conflict Resolution (formerly SPIDR) (since 1987)
Past Professional and Public Service
President, Provo City School District Board of Education (1997-98)
President, J. Reuben Clark Law School Chapter, Order of the Coif (1991-98)
Editorial Policy Committee, Negotiation Journal (Plenum Press and the Program on Negotiation: an Inter-University Consortium) (1984-98)
Board of Directors, American Arbitration Association (1992-96)
ABA Standing Committee on Dispute Resolution (1989-92)
President, Board of Directors, Utah Legal Services, Inc. (1983 - 1985)
Founding member and Chair, Section on Alternative Dispute Resolution, Association of American Law Schools (1984 - 1985)
Chair, Subcommittee on ADR, Civil Justice Reform Act Advisory Committee, United States District Court for the District of Utah (1991-93)
Chair, ADR Policies and Programs Advisory Committee, Utah Law and Justice Center (1988-91)
Chair of the Training Committee, Section of Dispute Resolution, American Bar Association (1993-94)
Consultant, Utah Department of Transportation, Salt Lake City, Utah (1988-1989)
Founding Member, Negotiation Competition Planning Committee, Law Student Division, American Bar Association (1983 - 1987)
Charter Member, WESTLAW Academic Advisory Board (1984 -1987)
Consultant, Egyptian Society of International Law, Cairo, Egypt (1978-1980)
Publications - Books
LEGAL NEGOTIATION AND SETTLEMENT(West Publishing, 1983)
Publications - Articles
The Judicial Training Program in Afghanistan, in Court Congestion – Some Remedial Approaches, World Association of Judges and the International Legal Center (1971) (with M. Ismail Kasimyar)
Judicial Organization in Afghanistan (translation from the French text of Justice Walid Hoqoqi), Research Dept., Supreme Court of Afghanistan, Kabul, Afghanistan (1971)
Juror Perceptions of Trial Testimony as a Function of the Method of Presentation, 1975 BYU Law Review 375-421 (with Farmer, Lee, Cundick, Howell and Rooker)
Effectiveness in Legal Negotiations, in H. Edwards and J. White, The Lawyer as a Negotiator (West, 1977) (with England, Farmer, and Blumenthal)
Effective Settlement Negotiations in Oregon Civil Litigation Manual (Oregon State Bar Association, 1981)
Blessed are the Peacemakers: A Lawyer Looks at Negotiation, BYU Today, Vol. 38, No. 5 (October, 1984) at 28-34
Using Simulation Exercises in Negotiation and Other Dispute Resolution Courses, 34 Journal of Legal Education 307 (1984)
Effective Negotiation, in Donovan Leisure Newton & Irvine ADR Practice Book (John H. Wilkinson, ed.) (American Arbitration Association, 1990)
Style and Effectiveness in Negotiation in Changing Tactics: Negotiating for Mutual Gain (Lavinia Hall, ed.) (Washington, D.C.: National Institute for Dispute Resolution, 1991)
Feminist Theory, Professional Ethics, and Gender-Related Distinctions in Attorney Negotiating Styles, 1991 Journal of Dispute Resolution 199-257 (with Lloyd Burton, Larry Farmer, Elizabeth Gee, and Lorie Johnson)
Negotiation as a Healing Process, 1996 Journal of Dispute Resolution 1-65 (1996). The article was awarded First Place for the best article written on dispute resolution in 1997 by the CPR Institute for Dispute Resolution
Negotiation Skills Training in the Law School Curriculum (with Joseph M. Geis) in Teaching Negotiation: Ideas and Innovations pp. 203-220 (Michael Wheeler, ed., PON Books 2000). This article was also printed in Negotiation Eclectics: Essays in Memory of Jeffrey Z. Rubin pp. 313-333 (Deborah M. Kolb, ed., PON Books 1999).
Presentations
The Role of Law in the Development Process: A Critique of Current Practice, Annual Meeting, Association for Asian Studies, Boston, Massachusetts (June, 1974).
Characteristics of Effective, Average, and Ineffective Legal Negotiators, Symposium on Psychological Factors in the Legal Process, Battelle Institute, Seattle, Washington (June, 1975).
Patterns of Lawyer Negotiation in International Transactions, Egyptian Society for International Law, Cairo, Egypt (September, 1979).
The Use of Arbitration in International Transactions, Egyptian Society for International Law, Cairo, Egypt (May, 1980).
Report of Empirical Research on Lawyer Negotiations, The Institute for Civil Justice, The Rand Corporation, Santa Monica, California (December, 1981).
Evaluation of Law Students in Skill-Oriented Courses, Section on Teaching Methods, AALS Annual Meeting, Philadelphia, Pennsylvania (January, 1982).
A Model of Effective Legal Negotiation, Annual Meeting of the Law and Society Association, Toronto, Canada (June, 1982).
Using Empirical Data to Teach Lawyering Skills, AALS Workshop on Teaching Alternative Dispute Resolution, Cambridge, Massachusetts (October, 1982).
Future Directions in Negotiation Research, Harvard Faculty Seminar (Consortium of Faculty Members from Harvard Law School, Harvard Business School, Kennedy School of Government, Tufts University, and MIT), Cambridge, Massachusetts (September, 1983).
The Typology of Aggressive and Cooperative Negotiators, Harvard Law School Dispute Colloquium, Cambridge, Massachusetts (September, 1983).
Reaching Agreements and Resolving Disputes: Confrontation and Cooperation as Negotiating Strategies in Today's World, University Forum Assembly, Brigham Young University, Provo, Utah (August, 1984).
The Strengths and Limitations of Negotiation as a Method of Dispute Resolution, National Conference on Peacemaking and Conflict Resolution, St. Louis, Missouri (September, 1984).
Conceptual Bases For Teaching Negotiation in Law Schools, Annual Conference of the Society for Professionals in Dispute Resolution (SPIDR), San Francisco, California (October, 1984).
Patterns of Attorney and Client Behavior in Divorce Negotiation, Section of Family Law, American Bar Association Annual Meeting, Washington, D.C. (July, 1985).
Negotiation -- Can You Trust Your Instincts?, American Bar Association Satellite Seminar (with Roger Fisher, Gerard Nierenberg, and Norbert Jacker), Washington, D.C., (October 1985).
Perspectives on International Commercial Negotiations, Law School, University of Sao Paulo, Sao Paulo, Brazil (November, 1985).
Renegotiating International Debt, United Nations Conference on International Indebtedness, Brazilia, Brazil (November, 1985)
Using Videotape to Teach Legal Negotiation, Workshop on Teaching Alternative Dispute Resolution: Goals, Strategies and Techniques, Saint Louis University School of Law, Saint Louis, Missouri (May, 1986).
Reflections on Teaching Dispute Resolution in Law Schools, Board of Directors, National Institute for Dispute Resolution (NIDR), Washington, D.C. (January, 1987).
The ADR Dynamics of Lawyer-to-Lawyer Negotiation, Parts I and II, Seventh Annual Meeting of the CPR Legal Program, Napa Valley, California (June, 1987).
Cooperation, Confrontation, and Joint Gains in Lawyer-to-Lawyer Negotiations, 6th Annual Dispute Resolution Institute, CPR, Cleveland, Ohio (November, 1987).
Applying Systems Theory to Negotiating Activity, Annual Meeting, Law & Society Association, Madison, Wisconsin (June, 1989).
Integrating Alternative Dispute Resolution into Law Practice: Negotiation and ADR as Transformative Ritual Processes, Conference on Dispute Resolution and the Courthouse of the Future, Portland, Oregon (September 27, 1991).
Gender, Ethics and Effectiveness in Legal Negotiation, Joint Program of the AALS Section on Alternative Dispute Resolution and Section on Law and the Social Sciences, Association of American Law Schools, Annual Meeting, San Antonio, Texas (January 5, 1992) (with Lloyd Burton, Larry Farmer, Elizabeth Gee, and Lorie Johnson)
Issues Confronting U.S. District Courts in Implementing the ADR Provisions of the Civil Justice Reform Act of 1990, Mid-Year Meeting, CPR, New York City (January 23, 1992).
Legal Negotiations and Hierarchy Theory, (with J. Lynn England and W. Keith Warner) presented by Lynn England as part of panel entitled "Theories of Legal Reasoning and Behavior" at Annual Meeting of the American Sociological Association (August 20, 1992).
New Developments in the Theory and Practice of Legal Negotiation -- Negotiation in the Context of the ADR Universe and the Client's Experience of the Conflict Resolution Process, 12th Annual Spring Meeting, CPR Center for Dispute Resolution, Santa Barbara, California (June 2, 1992).
The Role of Trial Judges in Settlement Conferences, Seminar on Settlement Conferences, Oregon State Courts/State Justice Institute, Portland, Oregon (April 4, 1992) (videotaped for national distribution to trial judges)
Effective Negotiation and Mediation, Section of Litigation, Annual Meeting of the American Bar Association, San Francisco, California (August 11, 1992).
Perspectives on Alternative Dispute Resolution for Trial Judges, Idaho State Trial Courts, Boise, Idaho (January 20, 1993).
Court-Annexed Mediation: Principles and Skills for Members of the Expert Panel, U.S. District Court for the District of Utah, in Salt Lake City, Utah (May 22, 1993).
Negotiation as a Transformative Process, National Conference on Clarifying and Balancing Transformation: Different Voices in Conflict Resolution, Snowbird, Utah (October 12, 1995).
Teaching Mediation in Law School, AALS Mini-Workshop on Alternative Dispute Resolution, Annual Meeting of the Association of American Law Schools, San Antonio, Texas (January 4, 1996).
Methods and Materials for Teaching Negotiation in European Law Schools, Conference on Opening the Door to 21st Century Legal Education and Practice, Jesus College, Oxford University, Oxford, England (September 15-20, 1996).
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