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    Course Information

4800  Alternative Dispute Resolution Techniques and Ethical Outcomes


No cost or obligation  
Course Length    60  minutes
Course Price    $ 119.00

Volume discounts and subscriptions are available; for more information, contact Cognistar Sales.

    Accreditation Information


Click on jurisdiction below for more details.
>>  1.00  credit    AK  AZ  CA  CO  NY  PA  WV

    About the Instructor(s)



 
Dorothy Della Noce

James Madison University

Dorothy Della Noce is assistant professor of communication studies at James Madison University in Harrisonburg, Va. She is also a fellow and a founding member of the Institute for the Study of Conflict Transformation at Hofstra University School of Law, a think-tank devoted to developing resources on transformative mediation for practitioners and policy-makers, and the international hub for scholars and practitioners of transformative mediation. Dr. Della Noce has been active in the mediation field for more than a decade, providing mediation services and training, serving in leadership roles in various state and national organizations, conducting research, consulting on policy and program design projects, and participating in numerous grant-funded initiatives to move theory into practice.

As a member of the Institute’s research team, Dr. Della Noce conducted benchmarking research on court-connected mediation programs for the State of Florida, and focus group research for the U.S. Postal Service. For her dissertation, she conducted groundbreaking discourse analysis research on mediation practice, entitled, “Ideologically Based Patterns in the Discourse of Mediators: A Comparison of Problem Solving and Transformative Practice.” She is also a member of the research advisory committee for a grant-funded research project spearheaded by the Maryland Association for Community Mediation Centers.

Dr. Della Noce’s theory-to-practice work includes several major field-wide initiatives. She was a member of the team that designed the training materials, and trained the national corps of trainers, for the U.S. Postal Service REDRESS EEO mediation program. She was a coordinator of the Practice Enrichment Initiative, a grant-funded project to support mediation practice, training, and policy-making led by Baruch Bush and Joseph P. Folger. She was also a coordinator of the Training Design Consultation Project, an earlier grant-funded initiative led by Bush and Folger to support the development of original training materials for the transformative mediation framework. She is currently the director of the Institute’s Court-Connected Mediation Synergy Project.

In addition, Dr. Della Noce has conducted conflict-resolution education and training programs throughout the United States and abroad. She was a faculty member of the National Judicial College in Reno, Nev., from 1996 to 1999, and she has also taught at the Marshall-Wythe School of Law at the College of William and Mary, Strauss Institute for Dispute Resolution at Pepperdine University School of Law, and the Dispute Resolution Institute at Hamline University School of Law.

Dr. Della Noce’s research and writing interests include the ideology and discourse of conflict, transformative mediation, mediation policy, and the effects of institutionalization on mediation practice. She has published numerous articles and book chapters on these topics.

Dr. Della Noce is a past president of both the Academy of Family Mediators and the Virginia Mediation Network. She also was a member of the editorial board for Mediation Quarterly from 1996 to 2001. She earned her undergraduate degree from LaSalle College, her J.D. from Western New England School of Law, and her Ph.D. from Temple University.



  Patricia McQueeney
Brinkley, McNerney, Morgan, Solomon & Tatum, LLP

Patricia McQueeney is an associate at Brinkley, McNerney, Morgan, Solomon & Tatum, LLP in Fort Lauderdale, Fla. She assists clients in the preparation and prosecution of U.S. and international patent, trademark and copyright applications.

Prior to becoming an attorney, Ms. McQueeney served as a patent examiner for the U.S. Patent and Trademark Office, where she was responsible for examining patent applications for bio-affecting compositions, such as nanotechnology and drug dosage delivery forms, and issuing patents in connection therewith. Ms. McQueeney also spent several years working in the pharmaceutical industry, starting in quality control, moving into research and development and ending her experience in regulatory affairs.

Ms. McQueeney is a member of the Florida Bar, the American Intellectual Property Law Association, the American Bar Association, the Broward County Bar Association, and currently serves as the treasurer of the Intellectual Property Law Association of Florida. She also is a member of the steering council for the Metro Broward Technology Enterprise Center, which provides a wide array of services to startup technology companies in Broward County.

Ms. McQueeney is admitted to practice before the U.S. District Court for the Southern District of Florida and registered to practice before the U.S. Patent and Trademark Office. She received her B.S. in chemistry from Dickinson College and her J.D. cum laude from the University of Baltimore.



    Outline + Synopsis

Outline Synopsis
Alternative Dispute Resolution Techniques and Ethical Outcomes
    I. Introduction and Overview
    II. Ethics Framework
        A. Defining Ethics
        B. Morality and Communication
        C. Positioning, Metaphors and Communicative Dilemmas
    III. Moral Ground in Alternative Dispute Resolution
        A. Scope of Alternative Dispute Resolution
        B. Ethical Codes
        C. Competition Ethic
        D. Cooperation Ethic
        E. Communication Ethic
        F. Vision Conflicts
    IV. Mediator Study
        A. Study Focus
        B. Study Methods
        C. Interviews With Mediators
        D. Observations: Problem-Solving Mediators
        E. Observations: Transformative Mediators
        F. Study Conclusions
    V. Implications
    VI. Suggestions
    AfterWordsSM


Legal ethics involve more than just rules and precedent; behaving ethically during dispute resolution requires moral awareness. In this presentation, lawyer and communications professor Dorothy Della Noce provides insights on ethics from a communications perspective and helps participants reflect on ethical dilemmas in a new way. By examining the three major paradigms for dispute resolution, and the differences in how mediators operating within these paradigms see their roles, this course provides a better understanding of ethical behavior in ADR.


    Content Provided By

 

The American Intellectual Property Law Association (AIPLA) is a 16,000-member, national bar association constituted primarily of lawyers in private and corporate practice, in government service, and in the academic community. The AIPLA represents a wide and diverse spectrum of individuals, companies and institutions involved directly or indirectly in the practice of patent, trademark, copyright and unfair competition law, as well as other fields of law affecting intellectual property. Members represent both owners and users of intellectual property.

AIPLA was formed in 1897 in order to maintain a high standard of professional ethics, to aid in the improvements in laws relating to intellectual property and in their proper interpretation by the courts, and to provide legal education to the public and to its members on intellectual property issues.

To qualify for membership, applicants must be members in good standing of the bar of a court of record of the United States or any state. Foreign affiliate members must be able to practice in a court of general jurisdiction in their countries to be considered for membership, or be registered to practice with the Patent and/or Trademark Office of their country of citizenship. AIPLA also has student memberships available for those regularly enrolled in a law school approved by the Association of American Law Schools. Approximately 70% of the active members are in private practice, 30% in corporate practice, with the remainder in the government or academia.

AIPLA holds three regularly scheduled conferences a year, Mid-Winter, Spring and Fall, at which the association offers educational seminars on the latest developments in intellectual property law. In addition, AIPLA holds many stand-alone seminars on specialized areas of intellectual property law at varying times of the year in locations around the United States. The association also produces a number of informative publications including the AIPLA Quarterly Journal (a scholarly law journal published four times a year), the AIPLA Bulletin (an overview of AIPLA meetings published online three times a year), and CD-ROMs and tapes which include papers or speeches presented by speakers at the meetings. The AIPLA also publishes the Report of the Economic Survey biennially.

Furthermore, the AIPLA is actively involved in shaping U.S. intellectual property policy through its work on legislation and federal regulations affecting intellectual property cases in the U.S. courts. Internationally, the AIPLA has spearheaded a worldwide campaign to reduce the costs of procurement and enforcement of patents, regularly participates in meetings of the World Intellectual Property Organization, and maintains close relations with foreign IP officials and practitioners.




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4800  Alternative Dispute Resolution Techniques and Ethical Outcomes

Course Price     $ 119.00


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