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Thomas J. Stipanowich CV Nov 2017- 1 THOMAS J. STIPANOWICH William H. Webster Chair in Dispute Resolution Professor of Law, Pepperdine University School of Law Academic Director, Straus Institute for Dispute Resolution PRESENT POSITION (Since June, 2006) William H. Webster Chair in Dispute Resolution Professor of Law, Pepperdine University School of Law Academic Director, Straus Institute for Dispute Resolution Teaching and training, scholarship and leadership of the one of the world’s leading educational programs in the field of dispute resolution. For eleven of the last twelve years, the Straus Institute at Pepperdine was rated as the leading law school dispute resolution program in the United States in the U.S. NEWS GUIDE TO GRADUATE SCHOOLS. Each year the Institute offers three academic programs (including an LL.M. and Masters in Dispute Resolution) with three dozen courses and more than four hundred enrollees. In addition to providing vision and leadership for the Institute, Professor Stipanowich currently teaches courses on negotiation, arbitration practice, international commercial arbitration, international dispute resolution, contracts and remedies, and leadership and conflict, and is an internationally known speaker and trainer. He engages in scholarship on commercial and consumer arbitration; the interplay of adjudicative/arbitral and mediation/conciliative functions; empirical research on practices and perspectives of leading arbitrators and mediators, and on conflict management among Fortune 1,000 corporations and other companies; the evolution of Abraham Lincoln as an effective manager of conflict; and actor-studio conflict in the Hollywood film industry. PRIOR POSITIONS President & CEO, International Institute for Conflict Prevention and Resolution (CPR Institute) (2001-2006) Leadership of international non-profit coalition of corporate counsel, senior attorneys, judges and scholars founded in 1979 as the Center for Public Resources. The mission of the Institute is to spearhead innovation and promote excellence in public and private dispute resolution, and to serve as a primary multinational resource for avoidance, management and resolution of business-related disputes. See www.cpradr.org Responsibilities included working with The Institute’s Board of Directors and Executive (Advisory) Committee to provide strategic guidance for The Institute; establishing and guiding the implementation of CPR’s mission by staff, consultants, and hundreds of members of the CPR coalition; achieving and managing a $3 million budget; serving as The Institute’s primary spokesperson; facilitating the movement of the organization into a new and larger headquarters, personally facilitating the resolution of conflict by helping to bring complex disputes to the negotiating table; writing books, law review articles and other articles; consulting and training corporate legal departments, law firms and other organizations on conflict management systems design, training and evaluation. William L. Matthews Professor of Law (1995-2001); Alumni Professor of Law, University of Kentucky College of Law, Lexington, Kentucky (1991-1995); Associate Professor of Law (1987- 90); Assistant Professor of Law (1984-1987) Teaching and research focused on commercial arbitration and alternative dispute resolution, advanced mediation, contracts, commercial law, construction law, legal history and property.

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Page 1: THOMAS J. STIPANOWICH

Thomas J. Stipanowich CV Nov 2017- 1

THOMAS J. STIPANOWICH William H. Webster Chair in Dispute Resolution

Professor of Law,

Pepperdine University School of Law

Academic Director, Straus Institute for Dispute Resolution

PRESENT POSITION (Since June, 2006)

William H. Webster Chair in Dispute Resolution

Professor of Law, Pepperdine University School of Law

Academic Director, Straus Institute for Dispute Resolution Teaching and training, scholarship and leadership of the one of the world’s leading educational programs in the field of

dispute resolution. For eleven of the last twelve years, the Straus Institute at Pepperdine was rated as the leading law

school dispute resolution program in the United States in the U.S. NEWS GUIDE TO GRADUATE SCHOOLS. Each year the

Institute offers three academic programs (including an LL.M. and Masters in Dispute Resolution) with three dozen courses

and more than four hundred enrollees. In addition to providing vision and leadership for the Institute, Professor

Stipanowich currently teaches courses on negotiation, arbitration practice, international commercial arbitration,

international dispute resolution, contracts and remedies, and leadership and conflict, and is an internationally known

speaker and trainer. He engages in scholarship on commercial and consumer arbitration; the interplay of

adjudicative/arbitral and mediation/conciliative functions; empirical research on practices and perspectives of leading

arbitrators and mediators, and on conflict management among Fortune 1,000 corporations and other companies; the

evolution of Abraham Lincoln as an effective manager of conflict; and actor-studio conflict in the Hollywood film industry.

PRIOR POSITIONS

President & CEO, International Institute for Conflict Prevention and Resolution (CPR

Institute) (2001-2006) Leadership of international non-profit coalition of corporate counsel, senior attorneys, judges and scholars founded in 1979

as the Center for Public Resources. The mission of the Institute is to spearhead innovation and promote excellence in

public and private dispute resolution, and to serve as a primary multinational resource for avoidance, management and

resolution of business-related disputes. See www.cpradr.org Responsibilities included working with The Institute’s Board

of Directors and Executive (Advisory) Committee to provide strategic guidance for The Institute; establishing and guiding

the implementation of CPR’s mission by staff, consultants, and hundreds of members of the CPR coalition; achieving and

managing a $3 million budget; serving as The Institute’s primary spokesperson; facilitating the movement of the

organization into a new and larger headquarters, personally facilitating the resolution of conflict by helping to bring

complex disputes to the negotiating table; writing books, law review articles and other articles; consulting and training

corporate legal departments, law firms and other organizations on conflict management systems design, training and

evaluation.

William L. Matthews Professor of Law (1995-2001); Alumni Professor of Law, University of

Kentucky College of Law, Lexington, Kentucky (1991-1995); Associate Professor of Law (1987-

90); Assistant Professor of Law (1984-1987) Teaching and research focused on commercial arbitration and alternative dispute resolution, advanced mediation, contracts,

commercial law, construction law, legal history and property.

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Thomas J. Stipanowich CV Nov 2017- 2

Of Counsel, Stites & Harbison, Lexington, Kentucky (1988-2001) Commercial and construction practice emphasizing arbitration and mediation, including work as a neutral.

Smith, Currie & Hancock, Atlanta, Georgia (1980-84) Civil litigation-oriented practice with nation's largest construction and government contracts specialty firm.

SCHOLARSHIP IN PROGRESS

Book project: THE LINCOLN WAY: ABRAHAM LINCOLN AS A NEGOTIATOR AND PROBLEM Solver (work

in progress)

Thomas J. Stipanowich & Veronique Fraser, The International Task Force on Mixed Mode Dispute

Resolution: Exploring the Interplay between Mediation, Evaluation and Arbitration" FORDHAM

INTERNATIONAL LAW JOURNAL (Symposium issue for 2016 Fordham International Arbitration and

Mediation Conference) (forthcoming)

Thomas J. Stipanowich, Living the Dream of ADR: Reflections on Four Decades of the Quiet

Revolution in Dispute Resolution (Symposium Keynote), CARDOZO JOURNAL OF CONFLICT

RESOLUTION ( Symposium issue for Jed. D. Melnick Symposium "The Pound Conferences: Where Do

We Come From? What are We? Where are We Going?" November, 2016) (forthcoming)

Thomas J. Stipanowich & Veronique Fraser, “Mixing Modes” in International Commercial Dispute

Resolution: The Impact of Culture, Legal Tradition and Choice on Forms of Interplay between

Mediation, Evaluation and Arbitration (work in progress)

INTERNATIONAL PROTOCOLS ON MIXED-MODE DISPUTE PROCESSING (International Task Force on

Mixed Mode Dispute Processes Co-Sponsored by the International Mediation Institute, the College of

Commercial Arbitrators and the Straus Institute for Dispute Resolution) (work in progress)

SELECTED PUBLICATIONS

RESOLVING DISPUTES: THEORY AND PRACTICE FOR LAWYERS (with JAY FOLBERG, DWIGHT GOLANN,

LISA KLOPPENBERG) (Aspen Publishers / Wolters Kluwer 3d ed. 2016))

Thomas J. Stipanowich, Beyond Getting to Yes: Using Mediator Insights to Facilitate Long-Term

Business Relationships, 34 ALTERNATIVES TO THE HIGH COST OF LITIGATION 97 (July/August 2016)

Thomas J. Stipanowich, Insights on Mediator Practices and Perceptions, DISPUTE RES. MAGAZINE 4

(Winter 2016), available at http://ssrn.com/abstract=2759982

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Thomas J. Stipanowich CV Nov 2017- 3

Thomas J. Stipanowich & Marcio Vasconcellos, Chapter 35. The Interplay between Empirical Studies

and Commercial Arbitration Practice, in THE EVOLUTION AND FUTURE OF INTERNATIONAL

COMMERCIAL ARBITRATION (Stavros Brekoulakis, Julian Lew & Loukas Mistelas, ed. Kluwer Law

International 2015)

Thomas J. Stipanowich, The International Evolution of Mediation: A Call for Dialogue and

Deliberation, 46 VICTORIA U. WELLINGTON L. REV. 1191 (2015), available at

http://ssrn.com/abstract=2712457 (Expanded version of New Zealand Law Foundation Annual

International Dispute Resolution Lecture, as New Zealand Law Foundation Visiting Fellow)

Thomas J. Stipanowich, Reflections on the State and Future of Commercial Arbitration: Challenges,

Opportunities, Proposals, 25 COLUMBIA AMERICAN REVIEW OF INTERNATIONAL ARBITRATION 297

(2014), available at SSRN: http://ssrn.com/abstract=2519084

Thomas J. Stipanowich & Zachary P. Ulrich, Arbitration in Evolution: Current Practices and

Perspectives of Experienced Commercial Arbitrators, 25 COLUMBIA AM. REV. OF INT’L ARB. 395

(2014), available at SSRN: http://ssrn.com/abstract=2519196

Thomas J. Stipanowich, Managing Construction Conflict: Unfinished Revolution, Continuing

Evolution, 34 (4) CONSTR. LWYR. 13, (Fall 2014) (Special Issue); also published as a chapter in 100

YEARS: CHARTERED INSTITUTE OF ARBITRATORS, SELECTED TOPICS IN INTERNATIONALARBITRATION --

LIBER AMICORUM; available at SSRN: http://ssrn.com/abstract=2484598

Thomas J. Stipanowich & Zachary P. Ulrich, Commercial Arbitration and Settlement: Empirical

Insights into the Roles Arbitrators Play, 6 YEARBOOK ON ARBITRATION AND MEDIATION 1 (2014) (lead

article for the Yearbook); available at SSRN: http://ssrn.com/abstract=2461839

Soft-Law in the Organization and General Conduct of Arbitration Proceedings, chapter in SOFT LAW

IN INTERNATIONAL ARBITRATION (Lawrence W. Newman & Michael J. Radine, eds. 2014); available at

SSRN: http://ssrn.com/abstract=2407187

Thomas J. Stipanowich & Ryan Lamare, Living with ADR: Evolving Perceptions and Use of

Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations, 19 HARV. NEGOT. L.

REV. 1 (2014) (lead article for the edition); available at SSRN: http://ssrn.com/abstract=2221471

In Quest of the Arbitration Trifecta, or Closed Door Litigation?: The Delaware Arbitration Program,

6 PEPPERDINE J. BUS., ENTREPRENEURSHIP & L. 102 (2013) (lead article; published in Symposium on

the Delaware Arbitration Program); available at http://ssrn.com/abstract=2271359

The Arbitration Fairness Index: Using a Public Rating System to Skirt the Legal Logjam and Promote

Fairer and More Effective Arbitration of Employment and Consumer Disputes, 60 KAN. L. REV.985

(2012) (published in Symposium “Perspectives on the Current State of Arbitration Law”); available at

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Thomas J. Stipanowich CV Nov 2017- 4

SSRN: http://ssrn.com/abstract=2004543

The Third Arbitration Trilogy, Stolt-Nielsen, Rent-A-Center, Concepcion and the Future of American

Arbitration, 22 COLUMBIA AMERICAN REVIEW OF INTERNATIONAL ARBITRATION 324 (2011) (lead

article in a special issue alongside articles by Prof. George Berman and Prof. Alan Scott Rau);

available at SSRN: http//ssrn.com/abstract=1919936

Revelation and Reaction: The Struggle to Shape American Arbitration, in CONTEMPORARY ISSUES

IN INTERNATIONAL ARBITRATION AND MEDIATION: THE FORDHAM PAPERS 2010 (Martinus Nijhoff

Publishers 2011); available at SSRN: http://ssrn.com/abstract=1757258

THE COLLEGE OF COMMERCIAL ARBITRATORS PROTOCOLS ON EXPEDITIOUS, COST-EFFECTIVE

COMMERCIAL ARBITRATION: KEY ACTION STEPS FOR BUSINESS USERS, COUNSEL, ARBITRATORS AND

ARBITRATION PROVIDER INSTITUTIONS (Thomas J. Stipanowich, Editor-in-Chief, et al, eds. 2010)

(Winner, Practical Achievement Award, 2011, International Institute for Conflict Prevention &

Resolution; Lawyer as Problem Solver Award, 2011, ABA Section on Dispute Resolution); available

at SSRN: http://ssrn.com/abstract=1982169

RESOLVING DISPUTES: THEORY AND PRACTICE FOR LAWYERS (with JAY FOLBERG, DWIGHT GOLANN,

LISA KLOPPENBERG) (Aspen Publishers 2d ed. 2010)

Expanded Review of Awards: Hall Street and Cable Connection, in 2010 ANNUAL REPORT OF THE

SECTION OF PUBLIC UTILITY, COMMUNICATIONS, AND TRANSPORTATION LAW (2010)

Behind the Neutral, in AAA ARBITRATION HANDBOOK (Juris Publishing 2010)

Arbitration: The “New Litigation,” 2010 U. ILL. L.REV. 1 (Jan. 2010)(named “Best Professional

Article, 2009” by the International Institute for Conflict Prevention & Resolution) (Lead article for the

year)

Lincoln’s Lessons for Lawyers, DISP. RES. MAG. 18 (Winter 2010)

Arbitration and Choice: Taking Charge of the “New Litigation,” (Symposium Keynote

Presentation),” 7 DEPAUL BUS. & COMM. L.J. 383 (2009) (in the Symposium “The Winds of

Change”) (with Arbitration: The “New Litigation,” named “Best Professional Article, 2009” by the

International Institute for Conflict Prevention & Resolution) (Lead article)

East Meets West: An International Dialogue on Mediation and Med-Arb in the United States and

China, 9 PEPP. DISP. RESOL. L.J. 379 (2009) (Transcript of international videoconference co-sponsored

by The Beijing Arbitration Commission and The Straus Institute for Dispute Resolution and

moderated by TJS)

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Thomas J. Stipanowich CV Nov 2017- 5

HOW TO DRASTICALLY REDUCE COST AND DELAY IN COMMERCIAL ARBITRATION, DRAFT REPORT OF

THE COLLEGE OF COMMERCIAL ARBITRATORS FOR DISCUSSION AT THE NATIONAL SUMMIT ON

BUSINESS-TO-BUSINESS ARBITRATION (with Curtis E. von Kann and Deborah Rothman) (Fall 2009)

The Arbitration Penumbra: Arbitration Law in the Changing Landscape of Dispute Resolution, 8

NEV. LAW REV. 101 (2007) (Published in the UNLV Symposium on the Future of the Federal

Arbitration Act)

Real-Time Strategies for Relational Conflict, IBA LEGAL PRACTICE DIVISION MEDIATION NWSLTR.

(July 2007) at 6.

Conflict Management in Evolution: Three Predictions in ACCL Princeton Symposium, Building

the Future, AMERICAN COLLEGE OF CONSTRUCTION LAWYERS JOURNAL (Special Edition—May

2007) at 156.

RESOLVING DISPUTES: THEORY AND PRACTICE FOR LAWYERS (with JAY FOLBERG, DWIGHT GOLANN,

LISA KLOPPENBERG) (law school text/DVD/website/other materials)(Aspen Publishing 2005)

Foreword and first two chapters, in NANCY NELSON ET AL, COMMERCIAL MEDIATION IN THE EU (CPR

Institute Master Guide Series 2005)

ADR and “The Vanishing Trial”: The Growth and Impact of “Alternative Dispute Resolution”, 1

JOURNAL OF EMPIRICAL LEGAL STUDIES 843 (2004) (Symposium on “The Vanishing Trial”)

ADR and “The Vanishing Trial”: What We Know and What We Don’t, 10 DISP. RESOL. MAG. 7

(Summer 2004)

Howsam, Humana, Bazzle and Other Recent Cases That May Affect Your Arbitration/ADR Practice,

21 ALTERNATIVES TO THE HIGH COST OF LITIGATION 51 (March 2003)

Contract and Conflict Management, in Symposium on Contract Law and Scholarship, 2001

WISCONSIN L. REV. 831 (solicited for publication), reprinted as lead article in ALTERNATIVE DISPUTE

RESOLUTION IN THE EMPLOYMENT ARENA, PROCEEDINGS OF THE 53RD ANNUAL CONFERENCE ON LABOR

(Samuel Estreicher & David Summers, ed. 2004).

COMMERCIAL ARBITRATION AT ITS BEST: SUCCESSFUL STRATEGIES FOR BUSINESS USERS (Co-published

by the CPR Institute for Dispute Resolution, the ABA Section of Business Law and the ABA Section

on Dispute Resolution, 2001) (with Peter Kaskell)

Arbitration: Future Lies Down a Number of Divergent Paths, 6 DISPUTE RESOLUTION MAGAZINE 16

(Summer 2000)

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Thomas J. Stipanowich CV Nov 2017- 6

Behind the Neutral: A Look at Provider Issues, 3 CURRENTS 1 (Dec. 1998)

A Systematic, Dynamic Approach to Conflict Management, 2 ADR REPORT 1 (September 30, 1998)

Protecting Consumers: The Consumer Due Process Protocol, 5 DISPUTE RESOLUTION MAGAZINE 11 (

Fall 1998)(with J. Clark Kelso)

Resolving Consumer Disputes: Due Process Protocol Protects Consumer Rights, 53 DISPUTE

RESOLUTION JOURNAL 8, Aug. 1998 (Lead Article)

Reconstructing Construction Law: Reality and Reform in a Transactional System, 1998 WISCONSIN

LAW REVIEW 463 (Lead Article)

NATIONAL CONSUMER DUE PROCESS ADVISORY TASK FORCE, PROTOCOL FOR ARBITRATION AND

MEDIATION OF CONSUMER DISPUTES (1998) (TJS was Academic Reporter and principal drafter)

The Multi-Door Contract and Other Possibilities, 13 OHIO ST. JOURNAL OF DISPUTE RESOLUTION 303

(1998) (Lead Article) (Cited in Worth Reading: Professional Articles,DISPUTE RESOLUTION

MAGAZINE, Summer 1998, p.33)

Punitive Damages and the Consumerization of American Arbitration, 92 NORTHWESTERN UNIVERSITY

LAW REVIEW 1 (1997) (Lead Article) (Cited in Worth Reading: Professional Articles, DISPUTE

RESOLUTION MAGAZINE, Summer 1998, p.33)

The Growing Debate Over “Consumerized” Arbitration: Adding Cole to the Fire, 3 DISPUTE

RESOLUTION MAGAZINE, Summer, 1997, at 20

At the Cutting Edge: Conflict Avoidance and Resolution in the Construction Industry, in ADR AND

THE LAW (1997)

What’s a NCCUSL? The Uniform Law Commissioners Tackle the Uniform Arbitration Act, 1 ADR

REPORT, June 11, 1997, at 5

NASD Should Reconsider Its Punitives Cap, 15 ALTERNATIVES TO THE HIGH COST OF LITIGATION,

February, 1997, at 13

Beyond Arbitration: Innovation and Evolution in the United States Construction Industry, 31 WAKE

FOREST L. REV. 65 (1996)

Charting the Course: The 1994 Construction Industry Survey on Dispute Avoidance and Resolution--

Part I, 15 CONSTRUCTION LAWYER 5 (Nov. 1995)

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Thomas J. Stipanowich CV Nov 2017- 7

Charting the Course: The 1994 Construction Industry Survey on Dispute Avoidance and Resolution--

Part II, 16 CONSTRUCTION LAWYER 8 (April 1996)

FEDERAL ARBITRATION LAW: AGREEMENTS, AWARDS AND REMEDIES UNDER THE FEDERAL

ARBITRATION ACT (5-volume treatise published by Little, Brown & Co.) (Award for Best New Legal

Book, American Association of Publishers (1994))(with IAN MACNEIL & RICHARD SPEIDEL)

__________________________________, 1994 Supplement

__________________________________, 1995-96 Case Update

__________________________________, 1997 Supplement

The Quiet Revolution Comes to Kentucky: A Case Study in Community Mediation, 81 KY. L.J. 855

Symposium on Emerging Dispute Resolution Systems (1993) (Lead Article)

The Quiet Revolution Continues: Mediation and Other Emerging Approaches to Construction

Conflicts, DART Professional Papers Series (1993)

Arbitration as an Alternative to Litigation, in COMMERCIAL DAMAGES: A GUIDE TO REMEDIES IN

BUSINESS LITIGATION (Matthew Bender 1992)

Settling Disputes by Mediation, Mini-Trial and Other Processes--The ABA Forum Survey, 12

CONSTRUCTION LAWYER 6 (Apr. 1992), reprinted in JOURNAL OF BUILDING RESEARCH &

INFORMATION (United Kingdom 1993); CONSTRUCTION CONFLICT MANAGEMENT & RESOLUTION (E

& O Spon 1992); PREVENTING AND RESOLVING CONSTRUCTION DISPUTES, Center for Public

Resources (1991)

Of “Procedural Arbitrability”: The Effect of Noncompliance With Contract Claims Procedures, 40

SOUTH CAROLINA LAW REVIEW 847, Symposium Issue (1989)

Rethinking American Arbitration, 63 INDIANA LAW JOURNAL 443 (1988)(Lead Article)

Arbitration and the Multiparty Dispute: The Search for Workable Solutions, 72 IOWA LAW REVIEW

473 (1987) (Lead Article), reprinted 6 YEARBOOK OF CONSTRUCTION ARTICLES 813-871 (1987),

reprinted in ABA Forum on the Construction Industry, FUTURE SHOCK: A SURVIVAL GUIDE TO

JOBSITE REGULATION AND DISPUTE RESOLUTION IN THE 90'S, Vol. II (1990)

Punitive Damages in Arbitration: Garrity v. Lyle Stuart, Inc. Reconsidered, 66 BOSTON UNIVERSITY

LAW REVIEW 953 (1986) (Lead Article)

ONLINE PROGRAMS AND PRESENTATIONS

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Back to Robben Island: A Conversation with Eddie Daniels, Anti-Apartheid Activist (Forthcoming)

Discourage Litigation: Lincoln’s Lessons for Lawyers (2013)

Desmond Tutu, Peacemaker: A Conversation with Desmond M. Tutu and John Allen (2013)

A Conversation with Ken Feinberg (2011)

OP EDS

Olivia de Havilland: The Actress Who Took on the Studio System and Won, available at

http://www.latimes.com/opinion/op-ed/la-oe-stipanowich-de-havilland--20160701-snap-

story.html

Beyond Getting to Yes: Building Mediation Skills and Insights into Relationships (prepared for

the Mediate.com Futures Project, available at

http://www.mediate.com/articles/StipanowichFuture.cfm

Business and Conflict: It’s all about control, NAT’L L.J., Mar. 25, 2013, available at

http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202593174039&slreturn=20130225151203

What Does the Fortune 1,000 Survey on Mediation, Arbitration and Conflict Management Portend for

International Arbitration?, Kluwer Int’l Arbitration Blog, Mar. 14, 2013, available at

http://kluwerarbitrationblog.com/blog/2013/03/14/what-does-the-fortune-1000-survey-on-mediation-

arbitration-and-conflict-management-portend-for-international-arbitration/

Fiscal cliff negotiations: Lessons from Lincoln, L.A. DAILY JOURNAL, December 17, 2012.

How the world’s largest companies handle conflict, L.A. DAILY JOURNAL, March 19, 2012.

The third arbitration trilogy: Revelation, reaction and reflection on the direction of American arbitration,

SCOTUSBlog, Sept. 21, 2011, available at http://www.scotusblog.com/2011/09/the-third-arbitration-trilogy-

revelation-reaction-and-reflection-on-the-direction-of-american-arbitration/

Beyond the debate over consumer and employment arbitration, L.A. DAILY JOURNAL, August 24, 2011.

The U.S. Supreme Court’s take on arbitration law, L.A. DAILY JOURNAL, August 3, 2011.

Is Arbitration the “New Litigation?” The Choice is Yours, L.A. DAILY JOURNAL, June 23, 2010.

EDUCATION AND ACADEMIC HONORS

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Juris Doctor - Magna cum laude

University of Illinois College of Law, Urbana, Illinois (1980) *Member, Order of the Coif

*Harno Scholar

*Research Assistant, Professor Thomas D. Morgan (Assisted in the preparation of an edition of the Morgan-Rotunda book

on legal ethics)

Master of Architecture

University of Illinois, Urbana, Illinois (1976) *Edward Ryerson European Traveling Fellowship (1976)

*American Institute of Architects School Medal (1976)(Highest honor presented to a candidate for a professional degree)

*President, Gargoyle Society (Academic honorary)

Bachelor of Science in Architecture (with Highest Honors)

University of Illinois, Urbana, Illinois (1974) *Bronze Tablet (Highest all-university four year academic honors) (1974)

*Allerton American Traveling Fellowship (1974)

*Alpha Rho Chi Medal (1974)

*American Institute of Architects Scholarship (1972, 1973, 1974)

*Edward Earl Design Award (1974)

*James White Award (1974)

*Illinois State Scholarship (1970-74)

*National Merit Scholarship (1970)

*Phi Kappa Phi Academic Honorary

Post-graduate Consortium in Urban Planning and Conservation

Institute of Advanced Architectural Studies

University of York, York, England

Fall 1976 (as Edward Ryerson Traveling Fellow)

OTHER PROFESSIONAL ACTIVITIES, RECOGNITION

James F. Henry Award. (February 2016) The award recognizes “outstanding achievement by

individuals for distinguished, sustained contributions to the field of dispute resolution.” Candidates

for the award are evaluated for “leadership, innovation and sustaining commitment to the field.”

Previous awardees include Senator George Mitchell; Lord Woolf of Barnes, former Lord Chief

Justice of England; Professor Nancy Rogers, Reporter for the Uniform Mediation Act; famed

mediator and September 11 Victims Fund Special Master Kenneth Feinberg; and former Attorney

General Janet Reno. A letter of nomination said:

“An unblinking commentator on both bad and good trends, Professor Stipanowich is

a virtual moderator, guiding and shaping the ongoing ‘multilogue’ among

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Thomas J. Stipanowich CV Nov 2017- 10

corporations, academics, governments and neutrals. He has changed the language of

ADR. The Henry Award by design means to reward not just accomplishment, but

ongoing innovation made real by activity. No one in the field is more active, to

greater effect, than Tom Stipanowich.”

Max Kade Visiting Scholar, Heidelberg University Institute of Private Law (2015)

New Zealand Law Foundation International Visiting Scholar in Dispute Resolution (2014)

Appointed to the Academic Counsel of the Institute for Transnational Arbitration (ITA) (2013)

Martindale-Hubbell’s Highest (AV) Rating (2012, 2013, 2014, 2015)

Elected to Litigation Counsel of America (2012)

Top-Rated Lawyers in Southern California (2012)

Top Construction Lawyers (2012)

Official Representative/Observer, American Bar Association, United Nations Commission on

International Trade Law Working Group III on Online Dispute Resolution (2012-2013)

Co-chair, National Roundtable on Consumer and Employment Dispute Resolution (2011-2012)

Practical Achievement Award, International Institute for Conflict Prevention & Resolution

(2011)(for THE PROTOCOLS FOR COST-EFFECTIVE, EXPEDITIOUS COMMERCIAL ARBITRATION)

Practical Achievement Award, ABA Section on Dispute Resolution (2011)(for THE PROTOCOLS FOR

COST-EFFECTIVE, EXPEDITIOUS COMMERCIAL ARBITRATION)

WilmerHale Scholar-in-Residence, Fall, 2010, Park Lane, London, England

Advisor, Restatement of the Law Third, The U.S. Law of International Commercial Arbitration

(2010-present)

Facilitator, Consumer Dispute Resolution Study Group, ABA Section on Dispute Resolution (2009-

2010)

Twice received the CPR “Best Professional Article” Award (1987, 2009) (from what is now the

International Institute for Conflict Prevention & Resolution)

Recipient, D’Alemberte/Raven Award, American Bar Association Section on Dispute Resolution

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Thomas J. Stipanowich CV Nov 2017- 11

(2008)(highest award given by the section, recognizing contributions to the field)

Companionship, Chartered Institute of Arbitrators (2000)

(Only the fourth person to receive the 10,000-member Chartered Institute’s highest honor, and the

only honoree outside Great Britain.)

Fellow, American Bar Foundation (2007-present)

Lawdragon 500 (2005)

(Named as one of 500 outstanding attorneys in the United States as the result of a nationwide survey

of thousands of lawyers conducted by a new legal magazine.)

Member, Board of Directors, International Institute for Conflict Prevention and Resolution (2001-

2011)

Member, Board of Directors, College of Commercial Arbitrators (2008-2010); Co-Chair, National

Summit on the Future of Arbitration (2008-2009)

Member, Executive Committee, American College of Construction Lawyers (2007-2010)

Chair, Securities Industry Conference on Arbitration (SICA)(2000 -2002); Public Member (1996-

2004 (Appointed one of three public representatives to body responsible for setting arbitration policy

for U.S. securities industry; (elected chair in 2000)

CPR/Georgetown Commission on Ethics and Standards in ADR, Working Group on Provider

Organizations (1997-2002)

Chair, Academic Advisory Committee, International Global Research Institute (1999-2001)

Academic Advisor, National Conference of Commissioners on Uniform State Laws Drafting

Committee on Reform of the Uniform Arbitration Act (1997-2001)

Member, Board of Directors, American Arbitration Association (1998-2001)

(Member, National Construction Dispute Resolution Committee, American Arbitration Association

(AAA)(1996-2000); National Task Force on Construction Arbitration Rules, American Arbitration

Association (1995))

Director, National Commission on the Future of Arbitration, CPR Institute for Dispute Resolution

(1998-2000)

Inaugural Hewlett Professor, CPR Institute for Dispute Resolution (1999-2000)

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Thomas J. Stipanowich CV Nov 2017- 12

Inaugural Hoellering Scholar-in-Residence, American Arbitration Association (August 2000 -

December 2000)

Sustaining Academic Member, CPR Institute for Dispute Resolution (1996-2000)

(Appointed as one of approximately two dozen academic members of CPR, a leading sponsor of

dispute resolution research and administration)

Academic Reporter, National Consumer Due Process Advisory Task Force, American Arbitration

Association (1997-98)

Public Member, National Arbitration and Mediation Advisory Committee, National Association of

Securities Dealers, Inc. (NASD)(1997-99)

Task Force Member, Commercial Law Project on Ukraine (1995-1997)

(Advisor to Ukrainian Commercial Court, Parliamentary and Executive Branch regarding reform of

Commercial Court, commercial arbitration and ADR)

Finalist, American Council on Education (ACE) Fellowship Competition (1996) (withdrew from

Competition as Finalist for family reasons)

"Best New Legal Book," Association of American Publishers (1995) [for FEDERAL ARBITRATION

LAW, co-authored with Macneil and Speidel]

Chair, Arbitration Committee, American Bar Association Section of Dispute Resolution (1997-1999)

President and Chair of the Board of Directors, Mediation Center of Kentucky, Inc., Lexington,

Kentucky (1991-93)(Co-founded regional mediation center after chairing state task force appointed

by Kentucky Supreme Court Chief Justice; Acting Director, June-August, 1992 (as Deputy Master

Commissioner of Circuit Court)

Steering Committee, U.S. Dispute Avoidance and Resolution Task Force (DART), Washington,

D.C. (1993-1997)

Editor, THE CONSTRUCTION LAWYER (1995-97)(Appointed editor of journal of the 5,400-member

ABA Forum on the Construction Industry)

Outstanding Article by an Academic or Other Professional, Center for Public Resources Awards

Program for Excellence and Innovation in Alternative Dispute Resolution, 1987 [for "Arbitration and

the Multiparty Dispute: The Search for Workable Solutions,@ 72 IOWA L. REV. 473 (1987)]

Presidential Three-Year Research Grant, University of Kentucky (1988-90)

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Robert M. and Joanne K. Duncan Award for Outstanding Faculty Performance in the Classroom,

University of Kentucky College of Law (1987)

Judge, Alternative Dispute Resolution Awards in Federal Procurement, Office of Federal

Procurement Policy (2002-2006)

OTHER PROFESSIONAL MEMBERSHIPS, AFFILIATIONS

American Bar Association (1980-present)

Representative/Observer, ABA International Law Section, United Nations Commission on

International Trade Law (UNCITRAL), Working Group III Online Dispute Resolution

(2012- )

Council, Public Utilities, Communications & Technology Section (2006- )

Chair, Arbitration Committee, Section on Dispute Resolution (1990s)

Kentucky Bar Association (1992-present)

Chair, Alternative Dispute Resolution Committee, Kentucky Bar Association (1993-95)

Georgia Bar Association (1980-present)

Illinois Bar Association (1981-present)

Fellow, American Bar Foundation (elected 2007)

American College of Civil Trial Mediators, (1999-present)

College of Commercial Arbitrators (1999?-present; founding member)

Fellow, American College of Construction Lawyers (elected 1995)

International Bar Association (2005-present)

Honorary Master of the Inn, Justice Marie L. Garibaldi American Inn of Court for Alternative

Dispute Resolution (1998-present)

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SELECTED SPEECHES, PRESENTATIONS, PROGRAMS (Since 2000)

Speaker, “The New Era of Dispute Resolution in Brazil,” Catholic Pontifical University of Parana

(PUCPR), FTD Digital Educational Arena, Curitiba, Brazil, Oct. 27, 2017

Keynote Speaker, “The New Dawn of Mediation: Brazil’s Quiet Revolution in Dispute

Resolution,” I Congresso Internacional de Mediação Empresarial (First International Congress on

Business Mediation) GEMEP | CBAr, São Paulo, Brazil, October 25, 2017

Keynote Speaker, “Our Mediation Revolution: Where are We, and Where are We Going?”, ABA

Section of Dispute Resolution, Advanced Mediation and Advocacy Skills Institute, Pepperdine

University School of Law, October 20, 2017

Plenary Presentation, “Mediation in Evolution: Challenges and Opportunities,” State Bar of Arizona

Annual Convention, Tucson, AZ, June 15, 2017

Panelist, “Let’s Make a Deal: Strategies for Becoming a More Effective Negotiator,” American Bar

Association Section of Litigation Annual Meeting, San Francisco, CA, May 4, 2017

Moderator on two panels: “Hybrid Dispute Resolution Processes—Mediation, Arbitration and In-

Between – Part 1’ and Hybrid Dispute Resolution Processes—Mediation, Arbitration and In-

Between – Part 2,” American Bar Association Section of Dispute Resolution Annual Meeting, San

Francisco, April 20, 2017

Invited Lecturer, Global Initiative of Academic Networks, National Law University Delhi, New

Delhi, India, Mar. 20-22, 2017 (Delivered series of lectures on international arbitration at the

invitation of Vice Chancellor Dr. Ranbir Singh, sponsored by Ministry of Human Resource

Development, Government of India)

Luncheon Keynote Speaker, Second Annual ADR Symposium, “Current Issues in International

Arbitration,” USC Gould School of Law, Mar. 17, 2017

Panelist, “Access to Justice & Dispute Resolution: What Do Users Need and Expect?,” Global

Pound Conference, University of Southern California Gould School of Law, Mar. 16, 2017

Keynote Speaker, “Living the Dream: Taking Stock of the Quiet Revolution in Dispute Resolution,”

Cardozo Dispute Resolution Journal Annual Jed D. Melnick Symposium, “The Pound Conferences:

Where Do We Come From? What Are We? Where Are We Going?” Cardozo School of Law,

N.Y.C., Nov. 7, 2016

Panelist, “The International Task Force on Mixed Mode Dispute Resolution,” Annual Meeting,

College of Commercial Arbitrators, Orlando, FL, Oct. 21, 2016

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Panelist, “Arbitrator Practices that Foster Settlement / Mixing the Processes – The Spectrum Across

the Globe,” Fordham International Arbitration and Mediation Conference, Fordham School of Law,

Oct. 14, 2016

Speaker, “The International Evolution of Mediation,” Quinnipiac-Yale Dispute Resolution

Workshop (Fall 2016), Quinnipiac University School of Law, New Haven, CT., October 13, 2016

Moderator, “Restoring Civility to Civil Discourse,” Panel Discussion, Pepperdine University School

of Law, Oct. 11, 2016

Organizer, Presenter, Workshop Facilitator, International Summit on Mixed Mode Dispute

Resolution (Inaugural Meeting of the International Task Force on Mixed Mode Dispute Resolution)

co-sponsored by the Straus Institute for Dispute Resolution in cooperation with the International

Mediation Institute and the College of Commercial Arbitrators, Pepperdine University, Sept. 23-24,

2016

Series of lectures at Indian schools of law and business, August and September, 2016:

National Law University Delhi (August 29, 2016)

O.P. Jindal Global University (August 30, 2016)

BML Munjal University School of Business

Rajiv Gandhi National University of Law, Punjab (Patiala) (August 31, 2016)

National Academy of Legal Studies and Research (NALSAR) University of Law Hyderabad

(Sept. 1, 2016)

National Law University Odisha (Sept. 2, 2016)

Speaker, “Lincoln and Kossuth: A Democratic Resonance,” Magyar Foundation Event, Mansfield

Room, U.S. Capitol, Feb. 29, 2016 (also presented at Yale Club, New York City, Feb. 26, 2016)

Keynote Speaker, “The International Evolution of Mediation,” International Centre for Dispute

Resolution International Arbitration Conference, The Past, the Present and the Future, Coral Gables,

FL, Jan. 27-29, 2016

Conference Organizer, Speaker and Panelist, “Promoting Conflict-Competent Leadership and

Holistic Conflict Management,” Managing Conflict 4.0: The New Wave of Opportunities for

Businesses Around the Globe, Straus Institute, Pepperdine University, Nov. 9-10, 2015

Organizer and Facilitator, Straus Institute Community of Thinkers Workshop, Graziadio Conference

Center, Pepperdine University, Nov. 10, 2015

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Speaker, Arbitration and Settlement: Can We Develop Principled Approaches to Mixed Mode

Processes?, College of Commercial Arbitrators Annual Meeting, New York, NY, Oct. 24, 2015

Keynote Speaker, “Lincoln’s Lessons,” Center for Appropriate Dispute Resolution in Special

Education (CADRE) Annual Symposium, Eugene, OR, Oct. 21, 2015

Speaker, “The View from the Tower: New Perspectives on ADR,” ABA Forum on the Construction

Industry Construction ADR Summit, Austin, TX, Oct. 8-9, 2015

Speaker, “The Corporate Counsel ADR Survey,” Corporate Counsel Seminar, Hyatt Regency,

Atlanta, GA, Sept. 25, 2015 (presenting results of corporate survey undertaken for Smith, Currie &

Hancock)

Organizer and Co-Presenter (with Dr. Alexander Insam), Developing Conflict Competency, A

Workshop for Corporate Counsel, Heidelberg University Institute for Private Law (as Max Kade

Visiting Scholar), July 17, 2015

Speaker, “The Role of Alternative Dispute Resolution in the United States,” Heidelberg University

Association for American Studies (as Max Kade Visiting Scholar), July 9, 2015

Instructor, Negotiation Theory & Practice Course, Heidelberg University Institute for Private Law (as

Max Kade Visiting Scholar), July 2015

Speaker and Panelist, “Insights from the IAM /Straus Institute Survey of Experienced Mediators,”

International Mediation Symposium, Center for International Legal Studies, Salzburg, Austria, June

11-14, 2015

Speaker, “Arbitration and Dispute Resolution from the Inside Out: Key Insights from Three

Groundbreaking New Studies,” Northern California International Arbitration Club, Baker &

McKenzie, San Francisco, CA, May 6, 2015

Speaker, “Insights from the IAM / Straus Institute Survey of Experienced Mediators,” International

Academy of Mediators Annual Meeting, San Francisco, CA, May 5, 2015

Speaker, “Research in International Arbitration,” The Evolution and Future of International

Arbitration: The Next 30 Years, 30th Anniversary Conference, School of International Arbitration

Centre for Commercial Law Studies, Queen Mary University of London, Apr. 19-21, 2015

Speaker, “Rebels on the Lot: The Backstage Battles of James Cagney, Bette Davis and Olivia de

Havilland at Warner Brothers in the Golden Age of Hollywood,” International Academy of Trial

Lawyers Annual Meeting, Four Seasons Resort, Santa Barbara, CA, Mar. 21, 2015

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Moderator and Speaker, “Commercial Mediation in Korea,” Conference on Commercial Arbitration

and Mediation in Korea, Straus Institute for Dispute Resolution, Mar. 6, 2015

Speaker, “A Conversation about Arbitrator Neutrality” (with Lucy Reed), International Chamber of

Commerce Young Arbitrators Forum, International Arbitration: Procedure, Ethics and Neutrality,

Malibu, CA, Mar. 5, 2015

Guest Speaker, Seminar “Arbitration in America,” Stanford Law School, Mar. 2, 2015

Speaker, Seminar on Construction Law (sponsored by Smith, Currie & Hancock), Hyatt Regency,

Atlanta, Georgia, Feb. 26-27, 2015

Speaker / Panelist, “News from the Front I: Arbitration,” International Institute for Conflict

Prevention & Resolution Annual Meeting, Torrey Pines, CA, Feb. 19, 2015 (discussing results of

CCA / Straus Institute Survey of Experienced Arbitrators)

Speaker / Panelist, “News from the Front II: Mediation,” International Institute for Conflict

Prevention & Resolution Annual Meeting, Torrey Pines, CA, Feb. 20, 2015 (discussing results of the

International Academy of Mediators / Straus Institute Survey of Mediator Practices and Perspectives)

Trainer, Negotiation Training, ScanSource Company, Greenville, SC, Feb. 12, 2015

Speaker, Institute for Transnational Arbitration / Institute for Energy Law Annual Joint Conference,

Houston, TX, Jan. 15-16, 2015 (I was one of three scholars presenting papers at the conference; my

presentation focused on two of my recent articles on commercial arbitration)

Organizer and Facilitator, Brainstorming Workshop on Arbitration, Mediation and Settlement,

College of Commercial Arbitrators, Marina del Rey, CA, Nov. 6, 2014

Speaker, Eighth Annual AALS Alternative Dispute Resolution Section Works-in-Progress

Conference, Southwestern Law School, Los Angeles, CA, Nov. 6-8, 2014 (presentation on my

current research)

Speaker, 2014 Summit on International Arbitration, Cravath, Swaine & Moore LLP, New York, NY,

Oct. 9, 2014

“Challenges and Opportunities in Commercial Arbitration: Perspectives and Practices of

Experienced Arbitrators,” Bankside Chamber Lunch, Northern Club, Auckland, NZ, Oct. 1, 2014 (as

New Zealand Law Foundation Visiting Fellow)

“International Mediation and Conflict Management: Near a Tipping Point?”, New Zealand Law

Foundation Annual International Dispute Resolution Lecture (as New Zealand Law Foundation

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Visiting Fellow), Victoria Faculty of Law, University of Wellington, Wellington, NZ, Sept. 30,

2014; University of Auckland Faculty of Law, Auckland, NZ, Oct. 1, 2014

“Rebels on the Lot: Negotiating and Resolving Conflict in the Golden Age of Hollywood,”

Lighthouse Cinema, Wellington, NZ, Sept. 29, 2014 (as New Zealand Law Foundation Visiting

Fellow)

“Mediation from the Inside Out: Insights from an International Survey of Experienced Mediators,”

Arbitration and Mediation Institute of New Zealand, Wellington, NZ, Sept. 29, 2014; Auckland, NZ,

Oct. 2, 2014 (as New Zealand Law Foundation Visiting Fellow)

Organizer and Speaker, Workshop on Reimagining Corporate Conflict Management, co-sponsored

by the Straus Institute for Dispute Resolution and the Graziadio School of Business and

Management, Pepperdine University, Sept. 17-18, 201

“Rebels on the Lot: Negotiating and Resolving Conflict in the Golden Age of Hollywood,”

Luncheon Keynote Presentation, International Academy of Mediators, Los Angeles, CA, May 2,

2014

“Recent Developments in Commercial Arbitration,” Hong Kong University School of Law, Apr. 1,

2014

“Trends in Corporate Conflict Management,” Japan Federation of Bar Associations, Tokyo, Japan,

Mar. 28, 2014

Negotiation Skills and Strategies Workshop, Hitotsubashi University Graduate School of

International Corporate Strategy, Tokyo, Japan, Mar. 26-27, 2014

“Trends in Arbitration and ADR Practice,” Annual Meeting, American College of Construction

Lawyers, Scottsdale, ZA, Feb. 21, 2014

“Lessons from Lincoln,” Webinar, ABA Section on Dispute Resolution, Feb. 11, 2014.

“Using the CCA Protocols to Make Arbitration Proceedings More Efficient,” Webinar Presentation

to GE International Litigation Group, Nov. 20, 2013

Organizer, Speaker and Panel Moderator, “Women in Hollywood: 100 Years of Negotiating the

System,” co-sponsored by the Straus Institute for Dispute Resolution and the Pepperdine University

Center for Entertainment, Media & Culture, Pepperdine University, Nov. 15-16, 2013

“The PUCAT / Straus Survey of ADR Usage by Public Utility, Communications and Transportation

Industries,” ABA PUCAT Council Meeting, Phoenix, AZ, Oct. 31, 2013

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Luncheon Speaker, “Solutions to the Challenges Facing Commercial Arbitration; Results of the CCA

/ Straus Survey,” College of Commercial Arbitrators, 13th Annual Meeting, Albuquerque, N.M., Oct.

18, 2013

Core Fundamentals in Arbitration Training, American Arbitration Association, Dec. 5-6, 2013 (Los

Angeles), Mar.19-20, 2014 (San Francisco)

“A Report on the Future of Commercial Arbitration: Challenges and Opportunities,” Presentation to

the Board Retreat of the College of Commercial Arbitrators, Albuquerque, N.M., Oct. 16, 2013

“Making a World of Difference: Mediation, Arbitration and Effective Conflict Management in Your

Law Practice,” ABA Mediation Week Presentation, Pepperdine University School of Law, Oct. 15,

2013

“Lincoln’s Lessons for Lawyers: A Look at How Abraham Lincoln Approached Legal Conflict,”

Orange County Bar Association ADR Section, Newport Beach, CA, Oct. 11, 2013

Keynoter and Panelist, “Trends in the Corporate Use of ADR” (discussing my Fortune 1,000 Survey

and analysis), Business Law Section, ABA Annual Meeting, San Francisco, CA, Aug. 9, 2013.

“The Dealmaker’s Dozen: Negotiating Tips and Tactics and Tactics Lawyers Can Use Everyday”’;

“Lincoln’s Lessons for Lawyers”; “Rebels on the Lot: Negotiating and Resolving Conflict in the

Golden Age of Hollywood,” Minnesota Continuing Legal Education, Aug. 5-6, 2013

“Best Practices for Corporate Counsel,” VSP Legal Department Meeting, Malibu, CA, Aug. 1, 2013

Moderator, Telebriefing on U.S. Supreme Court Decision in American Express v. Italian Colors

Restaurant (with Archis Parasharami of Mayer Brown and Deepak Gupta of Gupta Beck), Law

Seminars International, July 23, 2013

“Negotiation Advocacy: Key Insights for Lawyer-Negotiators” (Negotiation Skills Training), Annual

Meeting of Chevron Litigation Counsel, Lafayette, CA, July 18, 2013.

“Managing Business Disputes: The Use of Alternative Dispute Resolution in Business Disputes,”

Henry Stewart Talks, London (Web-based training program) (2013)

“Olivia de Havilland v. Warner Brothers Pictures: Changing the Landscape of Hollywood

Contracts,” Lady Margaret Hall, Oxford, University, May 7, 2013.

“Lincoln’s Lessons for Lawyers,” Mark and Kathy Travis Dispute Resolution Endowment Inaugural

Lecture, University of Tennessee College of Law Center for Advocacy & Dispute Resolution,

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Knoxville, TN, April 18, 2013

“Streamlining the Arbitration Process,” ABA Dispute Resolution Section Annual Meeting, Chicago,

April 5, 2013.

Conference Co-chair and Panel Moderator, “Gateway Issues in International Arbitration “ 10th

Annual Conference of the Institute for Transnational Arbitration/American Society of International

Law, Washington, DC, Apr. 3, 2013.

Teleseminar, “How Business Clients View and Use ADR: Lessons and Cautions from the New

Survey of Fortune 1,000 Corporate Counsel,” Association for Conflict Resolution Fortune 1,000

Corporate Counsel Survey, Mar. 5, 2013.

Speaker, “Discourage Litigation: Lincoln’s Lessons for Lawyers,” Pepperdine School of Law

President’s Day Speech, February 18, 2013) [Available on YouTube]

Moderator and Facilitator, “A Conversation about Reconciliation, Forgiveness and Healing: Lessons

from South Africa” (Mar. 21, 2013) [“Desmond Tutu, Peacemaker,” the edited version of my

conversations with Archbishop Desmond Tutu and his biographer John Allen is available on

YouTube]

Moderator and Speaker, “The Third Arbitration Trilogy Revisited: Federal and State Cases

Following Upon Stolt-Nielsen, Rent-A-Center and Concepcion” (CPR Annual Meeting, Torrey

Pines, CA., Jan. 2013).

Moderator and Speaker, “Opportunities for Growth with Business Arbitration” in Symposium,

“Business Arbitration: Redefining the Landscape of Efficient Business Practices,” Journal of

Business & Technology Law and C-DRUM, University of Maryland Francis King Carey School of

Law, Baltimore, MD., Nov. 2, 2012

Moderator, Symposium, Delaware’s “Closed-Door” Arbitration Program, Journal of Business,

Entrepreneurship and the Law, Pepperdine School of Law, Oct. 30, 2012

Speaker, “The Third Arbitration Trilogy Revisited: Federal and State Court Decisions Following

Upon Stolt-Nielsen, Rent-A-Center and Concepcion,” College of Commercial Arbitrators Annual

Meeting, New York NY, Oct. 26, 2012

Participant, Employment Law Roundtable, Penn State University, Sept. 6-8, 2012

Speaker, “The Arbitration Fairness Index,” “The Fortune 1,000 Survey on Corporate Conflict

Management,” Georgia Bar Association Arbitration Institute, Atlanta, Georgia, Aug. 10, 2012

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Speaker, “Mediation Trends in the United States”: Moderator, “The Future of Global Mediation

Research,” International Association of Conflict Management 25th Annual Conference, Stellenbosch

University, Stellenbosch, South Africa, July 13-14, 2012

Luncheon Speaker, “William Mulholland and the Quest for Water,” Canadian College of

Construction Lawyers Annual Meeting, San Francisco, California, June 1, 2012

Speaker, “Promoting Economy and Efficiency in Arbitration, Canadian College of Construction

Lawyers Annual Meeting, San Francisco, California, June 1, 2012

Speaker, “Ethical Considerations in Dispute Resolution,” American Conference Institute’s 2nd

Advanced Forum n Managed Care Disputes and Litigation, Philadelphia, Pennsylvania, May 23,

2012

Speaker, “The Federal Arbitration Act: In Need of a Tune-up or Better Left Alone?”, Inaugural

Conference of the Atlanta International Arbitration Society, The United States and Its Palce in the

International Arbitration Systrem of the 21st Century, Atlanta, Georgia, Apr. 16, 2012

Panel Moderator, “Current Empirical Research on Contract-Based Arbitration: New Insights, New

Challenges, Legal Educators’ Colloquium, ABA Dispute Resolution Section Annual Meeting,

Washington, D.C., Apr. 21, 2012

Panel Keynote Speaker, “Is Arbitration All It’s Cracked Up to Be?” ABA Litigation Section Annual

Meeting, Washington, D.C., Apr. 20, 2012

Speaker, “Promoting a National Dialogue on Resolving Consumer and Employment Disputes,” ABA

Dispute Resolution Section Annual Meeting, Washington, D.C., Apr. 19, 2012

Featured Speaker, “The Arbitration Fairness Index: Using a Public Rating System to Skirt the Legal

Logjam and Promote Fairer and More Effective Arbitration of Employment and Consumer

Disputes,” UCLA School of Law Negotiation and Conflict Resolution Program, UCLA School of

Law, April 5, 2012

Holy Week Speaker, “Behold the Lamb”, Pepperdine University Easter Week Service, Stauffer

Chapel, Pepperdine University, Apr. 2, 2012

Panel Organizer and Moderator, “The Intersection of Arbitration and Justiciability: The Ever-

Expanding Sphere of the Federal Arbitration Act,” Annual Byrne Lecture, Byrne Judicial Clerkship

Conference, Pepperdine University School of Law, Mar. 16, 2012

Afternoon Panel Keynoter, “The Arbitration Fairness Index,” Hastings Business Law Journal

Symposium Mandatory Arbitration in Contracts of Adhesion: When Many Become One—A

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Symposium in Response to AT&T v. Concepcion, Hastings School of Law, San Francisco,

California, Feb. 23, 2012

Co-chair, National Roundtable on Consumer and Employment Dispute Resolution, Pepperdine

University School of Law, Feb. 2-4, 2012

Speaker, “What’s Wrong with Arbitration and How Can It Be Fixed?” Construction Superconference

2011, San Francisco, California, Dec. 15, 2011

Interviewer, “Straus Presents: A Conversation with Ken Feinberg,” Nov. 14, 2011, Pepperdine

University School of Law

Speaker, “Should We Incorporate Due Process Standards for Arbitration of Consumer and

Employment Arbitration in the FAA?”, 2011 Kansas Law Review Symposium: Perspectives on the

Current State of Arbitration Law, University of Kansas School of Law, Lawrence, Kansas, Nov. 11,

2011

Speaker, “AT&T vs. Concepcion, the Supreme Court’s New View of Arbitration and Other

Developments,” College of Commercial Arbitrators Annual Meeting, Denver, Colorado, Oct. 21,

2011

Dinner Speaker, “Trends in Conflict Management,” “Lincoln’s Lessons for Lawyers,” Santa Barbara

Bar Association, October 27, 2011

Keynote Speaker, Annual Conference on Dispute Resolution, Minnesota Bar Association,

Minneapolis, Minnesota, Oct. 2011

Invited Contributor, Symposium on Supreme Court decisions on arbitration, SCOTUSblog,

September, 2011.

Speaker, “Negotiation Advocacy: Key Insights for Lawyer-Negotiators,” San Luis Obispo Bar

Association, San Luis Obispo, California, Sept. 15, 2011

Featured Dinner Speaker, “Lincoln’s Lessons for Managing Conflict” and “The Future of Conflict

Resolution,” Garibaldi New Jersey Inn of Court, Basking Ridge, New Jersey, Sept. 9, 2011

Moderator, “Global Employment Dispute Resolution: Issues and Import,” (Plenary Panel);

Luncheon Speaker, “The Third Arbitration Trilogy and the Future of U.S. Arbitration,” Worlds of

Work: Employment Dispute Resolution Systems Across the Globe, Fitzwilliam College, Cambridge,

England, July 20-22, 2011

Co-Organizer/Moderator, National Conference on Teaching ADR in Law Schools, Pepperdine

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University School of Law, June 21-22, 2011

Keynote, “If I Had Had More Time I Would Have Written You a Shorter Letter: Efficiency and Cost-

Effectiveness in International Dispute Resolution,” ABA Section on International Law/LACBA

Annual Conference, Los Angeles, CA, May 20, 2011

Keynote (Dinner Speaker), “Lincoln’s Lessons for Chief Litigation Counsel,” Chief Litigation

Counsel Association, 2011 Spring Meeting, Motorola International Headquarters, Schaumberg, IL,

Apr. 2011 (Organization for the heads of litigation of fifty of the world’s leading companies.)

Keynote Speaker, “The Future of Conflict Management,” Symposium on the Future of ADR,

University of LaVerne, Ontario, CA, Jan. 29, 2011

Keynote Speaker, “The Third Arbitration Trilogy: The Struggle to Shape American Arbitration,” 5th

Annual Fordham Dispute Resolution Symposium, Fordham University School of Law, Jan. 21, 2011

Luncheon Speaker, “Arbitration: The ‘New Litigation,’” New York City Bar Association, Jan. 20,

2011

“Getting Better All the Time: Advanced Negotiation Strategies,” ABA Forum on the Construction

Industry / ABA Tort Trial and Insurance Practice Section, Waldorf Astoria, New York, Jan. 20, 2011

“Building Arbitration Programs: Where, How and Why?” ITA Academic Council Meeting,

Pepperdine University School of Law, Malibu, CA, Jan. 16, 2011

“Efficiency and Economy in Commercial Arbitration: An American Perspective,” WilmerHale,

London, England, Dec. 17, 2010

“Commercial Mediation in Evolution: Western Innovation Meets Chinese Tradition,” Lloyd’s Old

Library, London, England, Dec. 16, 2010 (with Lord Clarke, UK Supreme Court)

“Mediation in Evolution: A Tale of Two Cultures,” University of Utrecht, Utrecht, Netherlands, Dec.

3, 2010

“The Third Arbitration Trilogy and the Struggle to Shape American Arbitration,” WilmerHale,

London, England, Nov. 18, 2010

“After the Quiet Revolution: Mediation and Other Conflict Management Trends in the United

States,” White & Case, London, England, Nov. 11, 2010 (with Lord Woolf, former Lord Chief

Justice of England)

“Promoting speed and economy in Arbitration: New guidelines for in-house and outside counsel,

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providers and arbitrators in the U.S.,” Chartered Institute of Arbitrators, East Asia Branch, Hong

Kong, June 29, 2010

Keynote Speaker, “Don’t Let Arbitration Lose Its Luster: How The Stakeholders Reduce Cost and

Delay by Taking Control of the Process,” State Bar of Arizona Annual Convention, Phoenix,

Arizona, June 10, 2011

“Promoting Efficiency and Economy in Arbitration,” Orange County Bar Association, Tustin, CA,

May 17, 2010

“ADR and the Courts: The Public Justice System and the Revolution in Conflict Management,”

Annual District Meeting, U.S. District Court for the Western District of Washington, Seattle, WA,

April 30, 2010

Moderator and Speaker, “American Justice at a Crossroads: A Public and Private Crisis,” Straus

Institute Annual Symposium, Pepperdine University School of Law, April 15, 2010

Keynote Speaker, “How Arbitrators, Outside Counsel, Business Users and Arbitration Providers Can

Make Business Arbitration Faster and Less Expensive,” ABA Section on Dispute Resolution Annual

Meeting, Plenary Session, San Francisco, CA, April 9, 2010

“How to Reduce Cost and Delay in Arbitration: Guidelines for Businesses and Counsel,” Meritas

Global Meeting, Los Angeles, CA, April 8, 2010

“Arbitration and Choice: Taking Charge of the ‘New Litigation,’” University of Texas School of

Law, Austin, TX, March 31, 2010

“The Arbitration Protocols,” Houston Arbitration Club, Vinson & Elkins, Houston, TX, March 30,

2010

Speaker,“Contract and Conflict Management,” Spring Contracts Conference, UNLV School of Law,

Las Vegas, NV, Feb. 25-26, 2010

Luncheon Speaker, 5th Annual Arbitrator Training Institute, ABA Section on Dispute Resolution,

Washington, D.C., February 12, 2010

Facilitator, National Consumer Dispute Resolution Study Group, ABA Section on Dispute

Resolution, Washington, D.C., Jan. 15-16, 2010

Keynote Speaker and Co-chair, National Summit on the Future of Business-to-Business Arbitration,

Washington, D.C., Oct. 30, 2009

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STAR Mediation Program, Woodstock, Vermont, Oct. 15-17, 2009

Speaker/Plenary Panelist, Qatar Law Forum, Doha, Qatar, May 29-31, 2009

Speaker/Panelist, Patent Dispute Resolution, American Intellectual Property Law Association,

Annual Meeting (and Webinar) San Diego, CA, May 15, 2009

Featured Speaker, “William Mulholland and the Quest for Water,” ABA Section of Public Utility,

Communications & Transportation Law, Napa, CA, April 24, 2009

Keynote Speaker, “Arbitration and Choice: Taking Charge of the New Litigation,” Symposium on

Arbitration—The Winds of Change, DePaul University School of Law, Chicago, IL, Mar. 5, 2009

Moderator and Panelist, “Construction Arbitration: International and Domestic Developments,”

Annual Meeting, American College of Construction Lawyers, Amelia Island, FL, February 20, 2009

Panelist, “The Future of the Dispute Resolution Field,” International Institute for Conflict Prevention

& Resolution, New York, N.Y., January 15, 2009

Panelist: “Construction Arbitration from the Arbitrator’s Perspective,” International Construction

Superconference, San Francisco, CA, December 11, 2008

Speaker, “Arbitration: The New Litigation,” in Symposium “Whither Arbitration?” Benjamin

Cardozo School of Law, New York, N.Y., November 6, 2008

Speaker, “Trends in International Arbitration, with Emphasis on Asia and the Middle East,” State

Capitol Group, Annual Meeting, San Francisco, CA, October 3, 2008

Panelist, "Hall Street v. Mattel: The FAA's Grounds of Review are Preserved - Or are They?"

National Webcast, A.B.A. Section on Dispute Resolution, July 30, 2008

Keynote (Luncheon) Address, American Bar Association Dispute Resolution Section Annual

Meeting, Seattle, Washington, D.C., April, 2008

Trainer, Forty-hour Mediation Training, Beijing Arbitration Commission, Beijing, China, March,

2008; December, 2008

“William Mulholland and the Quest for Water,” Overton A. Currie Lecture, American College of

Construction Lawyers, San Antonio, Texas, February 23, 2008

Keynote Speaker and Moderator, Indiana State Bar Association Arbitration Forum, “Does the

Process Work?” Indianapolis, Indiana, February 8, 2008

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Speaker, First International Arbitration Conference, Qatar Chamber of Commerce and Industry,

Qatar International Arbitration Center, Doha, Qatar, January 20-22, 2008

Keynote Speaker, United States Air Force Global Dispute Resolution Conference, Eglin Air Force

Base, Florida, November 15, 2007

Moderator and Speaker, U.S. and Chinese Perspectives on Mediation, Videoconference with Beijing

Arbitration Commission, October 29, 2007

Keynote Speaker, “Arbitration and Choice,” Annual Meeting, College of Commercial Arbitrators,

New York, New York, October 27, 2007

Speaker, “Mediation and DRBs,” Annual Meeting, Dispute Review Board Foundation, San Diego,

California, October 6, 2007

Speaker and Moderator, “Emerging Trends in Dispute Resolution,” Washington State Bar

Association, Seattle, Washington, September 21, 2007

Trainer, “Mediating the Litigated Case,” Yuba County Court System, Northern California,

September 6-7, 2007

Moderator and Speaker, “Client Satisfaction in Arbitration,” ABA Annual Meeting, August 11,

2007, San Francisco, California

Speaker, “Opportunities for Growing Mediation Practice,” Annual Meeting, American College of

Civil Trial Mediators, July 16, 2007, Colorado Springs, Colorado

Moderator and Speaker, “Conflict Management in Evolution: Opportunities and Obstacles in Public

Procurement,” The ABA Public Contract Law Section Alternative Dispute Resolution Committee,

the ABA Dispute Resolution Section Public Contracts Committee, the ABA Committee on

Continuing Education of the Bar, and the Interagency ADR Working Group Contracts and

Procurement Section, June 11, 2007, Washington, D.C.

Speaker, “Mediation and Conflict Management in Evolution: A Perspective from North America,”

presentation given at the invitation of and sponsored by the Beijing Arbitration Commission, June 1,

2007, Beijing, China (simulcast in Shanghai and other cities in China)

Speaker, “Neutral Roles in a Changing ADR Landscape: Med-Arb and Other Emerging Issues Along

the Borderline,” ABA Dispute Resolution Section Annual Meeting, April 26, 2007, Washington,

D.C.

Co-trainer, Chartered Institute of Arbitrators Diploma Course in International Commercial

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Arbitration, April 23-24, 2007, Malibu, California

Co-trainer, “Mediating the Litigated Case,” Solano County Court System, March 2007

Speaker, “Private Dispute Resolution in Construction: Real Time Dispute Resolution,” American

College of Construction Lawyers Annual Meeting, February 23, 2007, Laguna Beach, California

Speaker, “Quo Vadis? Arbitration Law and the Need for More Suitable Legal Structures in the

Rapidly Changing Landscape of Commercial Conflict Resolution” Symposium on the Future of the

Federal Arbitration Act, University of Nevada—Las Vegas, January 14, 2007, Las Vegas, Nevada

Visiting Professor, City University of Hong Kong (November, 2006)(teaching “International Conflict

Resolution”)

Speaker, Med-Arb: A Useful Method of Resolving Disputes?, November 4, Southern California

Mediation Association, Los Angeles, California

Speaker, “Resolution of Construction Disputes,” presentation given at the invitation of and co-

sponsored by the Chartered Institute of Arbitrators South Asia Branch, the Society of Construction

Law, & the Mediation Council of the Hong Kong International Arbitration Center, November, 2006,

Hong Kong

Speaker, “Delivering the Future: Technology, Risk and Reward,” in Building the Future: Princeton

Symposium on Building the Future—Transforming Global Engineering and Construction, November

3, 2006, Princeton University, Princeton, New Jersey

Keynote Speaker, California Dispute Resolution Council Annual Meeting, October 13, 2006, Los

Angeles, California

Speaker, Chief Litigation Counsel Association, October 11, 2006, Seattle, Washington

Keynote Speaker, Dispute Review Board Foundation, October 7, 2006, Orlando, Florida

Speaker, “Real Time Approaches to Manage Relational Conflict,” International Bar Association

Annual Meeting, September 22, 2006, Chicago, Illinois

Organizer and Presenter, NASBA Center for Public Trust/Straus Institute Conference on The Price

of Conflict, The Power of Collaboration: Managing Conflict by Encouraging Conflict Competent

Organization, Pepperdine University School of Law, July 14, 2006

Moderator and Speaker, “The Future of Legal Education, CPR Institute Spring Meeting, June 5,

2006, Atlanta, Georgia

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Speaker, “Avoiding and Resolving Conflict: Unfinished Business for Corporate Counsel,”

Association of General Counsel Annual Meeting, May 5, 2006, The Cloisters, Sea Island, Georgia,

Presenter, “Around the World of International Mediation: Commercial Disputes” ABA Section of

Dispute Resolution, April 6, 2006, Atlanta, Georgia

Presenter, “Mediation Ethics: Telling Lies, Telling Secrets and Other Impolite Conduct,” ABA

Section of Dispute Resolution, April 6, 2006, Atlanta, Georgia

During my tenure as President& CEO of the CPR Institute (2001-2005) I gave many programs,

workshops and presentations at law firms and companies in the U.S. and abroad that are not listed

below. There range from hour-long programs to all-day workshops on conflict resolution subjects.

Sponsoring institutions include:

Baker & McKenzie

Ballard Spahr Andrews & Ingersoll

Bradley Arant Rose & White

British American Tobacco

Chadbourne & Parke

Coudert Brothers

Davis Wright Tremaine

Edwards & Angell

Eversheds

Exelon

Fisher & Phillips

FMC Technologies

Frantz Ward

Fried, Frank Harris Shriver & Jacobson

Frost Brown Todd

Fulbright & Jaworski

Georgia-Pacific

General Electric

General Mills

Godfrey & Kahn

Graydon, Head & Ritchey

Hammonds

Heller Ehrman

Holland & Knight

Hunton & Williams

King & Spalding

Lathrop & Gage

Lewis & Rocha

Locke, Liddell & Sapp

Lovells

McDermott, Will & Emery

McGuireWoods

Shell Oil

Siemens

Simpson Thacher & Bartlett

Snell & Wilmer

Sonnenschein Nath & Rosenthal

Stites & Harbison

Smith, Currie & Hancock

Tomlinson Zisko

Vinson & Elkins

United Technologies

Upchurch, Watson, White & Max

Wyatt, Tarrant & Combs

CPR Integrated Conflict Management Workshops, Three-Day Pilot Program at Nixon Peabody,

December, 2005; Spring 2006 (various locations)

Invitee, Court ADR Research Conference (sponsored by the Federal Judicial Center and Ohio State

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University Law School), Washington, D.C., November, 2005

Speaker, CPR Corporate Leadership Award Presentation Dinner honoring Brackett Denniston III,

General Counsel of General Electric, November 1, 2005

Keynote Speaker; Moderator, Teaching Conflict Management in Europe, Second European Business

Mediation Congress, Brussels, Belgium, October 27-28, 2005

Moderator and Panelist, “Alternative Dispute Resolution in the Czech Republic,” Prague, Czech

Republic, October 25, 2005

Facilitator, Chinese-American Mediation Exchange, Mohonk Mountain House, New Paltz, New York,

October 16-17, 2005

Speaker, Mediation and ADR, Program for Delegation from Indian Chamber of Commerce, New

York, New York, August 18, 2005

Speaker, “Mediating Business Disputes in China: Challenges and Opportunities,” Hong Kong

AmCham Law Committee Luncheon Meeting, Hong Kong, July 19, 2005

Co-trainer, Mediation Training for U.S. and Chinese Mediators, U.S.-China Business Mediation

Center, July 16-17, 2005

Speaker, U.S.-China Commercial Mediation Congress, Beijing, China, July 15, 2005

Panelist, “Practical Arbitration Issues . . . in International Engineering and Construction Contracts”,

Canadian College of Construction Lawyers, Niagara-on-the-Lake, May 27, 2005

Speaker, “Managing Business Conflict,” Georgia-Pacific Program for Invited Counsel, Atlanta,

Georgia, May 24, 2005

Guest Interviewee/ Presenter, Dinner Program on Mediation, CORE Solutions, Edinburgh, Scotland,

May 9, 2005

Guest Participant, Lamport Hall Seminar of Invited Mediators, Kelmarsh Hall, Northamptonshire,

England, May 6-7, 2005

Guest Interviewee Presenter, Mediation and Training Alternatives (MATA) Master Class, London,

England, May 5, 2005

Panelist, “The Vanishing Trial—Or is It, ABA Section of Dispute Resolution, Los Angeles,

California, April 14, 2005

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Keynote Speaker, “Credentialing and Professional Regulation” Connecticut Bar Foundation &

Quinnipiac University School of Law, John A. Speziale Fifth Alternative Dispute Resolution

Symposium, Hamden, Connecticut, April 1, 2005

Speaker, “Finishing the Quiet Revolution in Conflict Management,” University of Virginia School of

Law, Charlottesville, Virginia, March 28, 2005

Speaker, “Disclosure & Conflict of Interest Issues in Arbitration,” New York State Bar Association

Annual Meeting, New York, New York, January 27, 2005

Speaker, “The Legalization of Arbitration: A Practical Response,” Association of the Bar of the City

of New York, January 24, 2005

Keynote Speaker, CPR Institute Annual Meeting, New York, New York, January 20, 2005

Speaker, Symposium on The Vanishing Trial, Benjamin N. Cardozo School of Law, New York, New

York, December 3, 2004

Keynote Speaker, CPR 25th Anniversary Corporate Leadership Award Dinner, November 18, 2004

Keynote Speaker, Ethical, Legal & Practical Considerations in the Changing World of Conflict

Resolution, 11th Annual ADR Institute, Georgia Commission on Dispute Resolution, Lake Lanier,

Georgia, November 19-20, 2004 (also presented separate program on recent decisions regarding

arbitration)

Panelist, “Judicial Expectations of the Arbitration Process,” College of Commercial Arbitrators Fourth

Annual Meeting of Fellows, Washington, D.C., October 30, 2004

Dinner Speaker, Mediation Society, San Francisco, September, 2004

Speaker, “Innovations and Trends in Corporate Conflict Management,” Fifth International ADR

Forum, Bologna, Italy, June 15, 2004

Panelist, “Conducting the Large, Complex International Arbitration;” “Organized Ad Hoc

Arbitration,” CILS International Conference, Salzburg, Austria, June 10-13, 2004

Speaker, “Commercial Mediation, Arbitration and the Courts,” U.S./Russia Judicial Exchange, St.

Petersburg, Russia, Spring, 2004

Moderator and Panelist, “The Myths of ADR”, CPR Spring Meeting, New Orleans, Louisiana, April

29, 2004

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Speaker, “Evolving Ethics and Practice Standards in Conflict Resolution,” Plenary, American

Intellectual Property Law Association, Palm Desert, California, January 31, 2004

Presenter/Author, “ADR and the ‘Vanishing Trial,’” ABA Section of Litigation Symposium on The

Vanishing Trial, San Francisco, California, December 13-14, 2003

Panelist, “Issues in Construction Arbitration,” 18th Construction Industry Superconference, San

Francisco, California, Dec. 11-12, 2003

Speaker, “Trends in International Conflict Resolution,” Hong Kong International Arbitration Center,

November 17, 2003

Panelist, Program on Consumer and Employment Issues, California Dispute Resolution Institute/USF

Conference & Symposium on Arbitration, University of San Francisco, November 14, 2003

Panelist, “Litigation: Falling Out of Favor?”, American Insurance Association Litigation Conference,

Orlando, Florida, September 30-October 1, 2003

Speaker, “Corporate ADR,” Fourth International Forum, Risoluzione alternativa delle controverie

nell’economia globale, Rome, July 3, 2003

Panelist, “Barriers to Effective Use of Mediation,” Corporate Legal Times Superconference, Chicago,

Illinois, June 12, 2003

Host/Moderator, International ADR (Mediation)—A Mock Demonstration, International Trademark

Association 125th Annual Meeting, Amsterdam, May 7, 2003

Luncheon Speaker, Pacific Northwest ADR Conference, Seattle, Washington, April 12, 2003

Panelist, Resolution of Asbestos and Other Mass Claims, ABA Section of Business Law, Spring

Meeting, Los Angeles, California, April 3-6, 2003

Keynote Speaker, “Binding Arbitration in the 21st Century: Five Predictions Revisited,” Association of

the Bar of the City of New York Conference on the Future of Commercial Arbitration, New York,

New York, October 21, 2002

Panelist, “The Ultimate ADR Update,” ABA Annual Meeting, Chicago, Illinois, August 10, 2002

Panelist: “Med-Arb: Dream Solution or Ethical Nightmare?”, Association of the Bar of the City of

New York, May 7, 2002

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Speaker, Symposium on Ethics and Arbitration, Georgia State University, February 14, 2002

Speaker, “Institutionalizing ADR,” The Impact of Mediation: 25 Years After the Pound Conference,

Ohio State Journal on Dispute Resolution Symposium 2001, Columbus, Ohio, November 8, 2001

Panelist, “Post-Arbitration Issues in Securities Arbitration,” New York State Bar Association, New

York, New York, October 11, 2001

Speaker, VWEW-Fachtagung Wirtschaftsmediation, Essen, Germany, September 26-27, 2001

Keynote Speaker, Ten Ways to Expedite Arbitration, Houston Arbitration Conference, Houston,

Texas, September 14, 2001

Speaker, “Contract and Conflict Management,” Quinnipiac/Yale Workshop on Dispute Resolution,

Hamden, Connecticut, September 10, 2001

Moderator/Panelist: “Mediators and Arbitrators: A Tutorial,” CPR Spring Meeting, Jackson Hole,

Wyoming, June 24, 2001

Presenter, “Class Claims, Exemplary Damages and Injunctive Relief,” “Neutral Immunity and Ethical

Issues,” NYU Program on Employment Law and Mediator Skills Training for ADR Neutrals, June 21,

2001

Keynote Speaker, ADR Day V: Beyond the Basics, New Jersey Bar Association, Iselin, New Jersey,

June 15, 2001

Panelist, Securities Arbitration Hot Topics, Association of the Bar of the City of New York, June 6,

2001

Moderator, “What Can Conflict Management Offer Businesses?,” Maryland Conference on Resolving

Conflict, Baltimore, Maryland, May 24, 2001

Guest Speaker, International Academy of Mediators. Toronto, Ontario, May 18, 2001

Moderator, Special Session, Achieving Quality Service in Federal Court-Sponsored ADR Programs:

Critical Values and Concerns, ABA Section on Dispute Resolution Annual Meeting, Washington,

D.C., April 28, 2001

Speaker, “A U.S. Perspective on Commercial Mediation”, UIA Forum of Mediation Centers, Brussels,

Belgium, April 6-7, 2001

Panelist, “Taking the “A” Out of ADR,” 7th Annual Federal Procurement Institute, Annapolis,

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Maryland, March 1, 2001

Speaker, AConsolidation and Multi-party Disputes under the UAA,@ The Revised Uniform Arbitration

Act, University of Missouri College of Law, St. Louis, Missouri, October 20, 2000

Speaker, “Contract and Conflict Management,” National Conference on Contract Law, University of

Wisconsin Law School, Madison, WI, for October 13-15, 2000

Speaker, AEthical Challenges in Mediation,@ American Arbitration Association, Chicago, IL,

September 20, 2000

Dinner Speaker, Justice Marie Garibaldi American Inn of Court, Basking Ridge, New Jersey,

September 14, 2000

Moderator, Plenary Session, AADR in the U.K. and the U.S.A: A Comparative Analysis of Alternative

Dispute Resolution Systems,@ American Bar Association, Churchill Auditorium of the Queen

Elizabeth II Conference Centre, London, England, July 19, 2000

Moderator, AArbitration Awards,@ Conference on International Commercial and Construction

Disputes, Center for International Legal Studies, Salzburg, Austria, June 15-18, 2000

Speaker and Panelist, Conference on Arbitration and Mediation in the Securities Industry (Co-

sponsored by the Moscow Interbank Currency Exchange and the New York Stock Exchange), Moscow,

Russia, April 20-21, 2000

Moderator, ACommercial Arbitration: Hands-on Guidance for Advocates and the Business Person,@

American Bar Association Section of Dispute Resolution,

San Francisco, CA, April 7, 2000

Speaker, AThe Future of Arbitration,@ Duke University School of Law, Durham, NC, March 28, 2000

Speaker, AEthical Challenges in Mediation,@ American Arbitration Association, Denver, CO, March

10, 2000

[List of prior speaking engagements (1980-1999) available on request]

OTHER ACADEMIC, UNIVERSITY AND LAW SCHOOL ACTIVITIES

Pepperdine University School of Law/Pepperdine University

Chair, Committee on Off-Campus Programs (2016-2017)

Faculty Resources Committee (2014-2016)

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Dean’s Ad Hoc Task Force on Curricular Flexibility (2011-12)

Dean’s Ad Hoc Task Force on LGBT Issues (2012)

Faculty Appointments Committee (2012-13) (Chair, 2013)

Admissions Committee (2011-12)

Global Initiatives Committee (2009-11)

Curriculum Committee (2008-9)

Provost’s Ad Hoc India Study Group (2010-11)

UK College of Law

Faculty Member in Charge of Legal Writing Program

Mineral Law Advisory Committee

Admissions Committee and Scholarship Committee

Curriculum Committee

Recruitment Committee

Faculty Appointments Committee

Library Committee

University of Kentucky

Dean's Select Committee Featured Professor, University of Kentucky (Fall 1997)

Pew Higher Education Roundtable, University of Kentucky (Fall 1994)

Chair, U.K. Senate Advisory Committee on Privilege and Tenure (1991-1993 )

UK Blue Ribbon Speakers Board (1991-2000)

Appointed Faculty Representative to the National Collegiate Athletic Association (Fall

1989) [Declined appointment due to other commitments]

Chair and Hearing Officer, University of Kentucky Appeals Board (1988-1990)

Gaines Center Honors Program Course on Time, the Law, and the Legal System (1997)

Gaines Center Honors Program Course on Access to Justice (1994)

Center for Dispute Resolution Task Force on Court-Annexed Arbitration and Mediation

(1998)

Patent Committee, University of Kentucky (1986-87)

Conducted peer reviews of articles for a number of law reviews and professional journals; “standing

peer reviewer” for UNIVERSITY OF CHICAGO LAW REVIEW (2012)

Served as an outside reviewer for a number of faculty at various schools during various stages of the

appointment process, from tenure review to distinguished professor positions.

Served as a party-appointed expert in a variety of federal and state court cases and domestic and

international arbitration proceedings, including proceedings before a panel of the Court of Arbitration

for Sport. I have opined on a variety of issues relating to arbitration law and practice.

Served as a consultant on the design of conflict management or dispute resolution systems for various

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organizations, including a Native American tribe.

ACTIVITIES AS ARBITRATOR, MEDIATOR AND ADR NEUTRAL Wide-ranging experience as commercial and construction arbitrator and mediator in the U.S. and internationally (AAA,

ICDR, ICC, JAMS, CPR) including complex multi-party cases involving hundreds of millions of dollars, and as a facilitator

of consensus-building, partnering and team-building initiatives.

JAMS Construction and Commercial Panels (2008-2012)

Shenzhen Arbitration Commission Panel (since 2014)

Beijing Arbitration Commission Panel (since 2010)

AAA Construction and Commercial Large, Complex Disputes Panels (1981-2001, 2006-present);

International Centre for Dispute Resolution

CPR Institute for Dispute Resolution Panel of Distinguished Panel Neutrals (1991-2001) (left panel

during the time I was President & CEO of CPR)

Special Master, U.S. District Court for the Eastern District of Kentucky (1991-93) Appointed to adjudicate major contract disputes arising from construction of Toyota Automotive Manufacturing Plant

(Opinion adopted by U.S. District Court and affirmed by Sixth Circuit Court of Appeals; published at 932 Federal

Supplement 906, 948)

Mediator/Case Evaluator, U.S. District Court (1995-96)

QUOTES, REFERENCES IN WIDELY PUBLISHED PERIODICALS:

Quoted in THE WALL STREET JOURNAL, THE NEW YORK TIMES, THE FINANCIAL TIMES, THE AMERICAN

LAWYER, THE NATIONAL LAW JOURNAL, THE AMERICAN BAR ASSOCIATION JOURNAL, TRIAL,

CORPORATE LEGAL TIMES, THE CHINA DAILY, THE DAILY JOURNAL, and many other print and online

publications.

OTHER ACTIVITIES

Vestry, St. Aidan’s Presbyterian Church, Malibu, CA (2012-2015)

Diaconate, Second Presbyterian Church, Lexington, KY (I have served as a deacon in a series of

churches since my boyhood)

Board of Directors, Lexington YMCA (1988-1990)

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Board of Directors, Samaritan Center of Central and Eastern Kentucky (1986-88)

Atlanta Council of Younger Lawyers Bar Examiner Round Table Committee (1983-84)

Atlanta Council of Younger Lawyers Law School Forum Committee (1983-84)

Georgia Volunteer Lawyers for the Arts (1982-84)

Board of Directors, University of Illinois Alumni Association (1974-76)

Sine Nomine Singers (chamber group) (1992-2000)

Center for Music in the Old World (Renaissance music group)(1987-1992)

Tenor soloist with various choirs and choral groups

Illustrator/painter; occasionally provide illustrations and artwork for print publications