Brian A. Pappas
Brian serves as Associate Clinical Professor of Law and Associate Director of the ADR Program. In his role Brian is the director of the Conflict Resolution Clinic and teaches a variety of negotiation and mediation courses, including a 1L required Contract Negotiation Course. A qualified Civil and Domestic Relations Mediator under MCR 2.411 and 3.216, Brian is a SCAO-approved trainer with experience in both facilitative and transformative mediation techniques. Brian has mediated hundreds of cases, and trained over one thousand mediators in court, community, business, and criminal justice contexts. In 2009 Brian was recognized by the Dispute Resolution Center of Washtenaw and Livingston Counties with an Outstanding Service Award.
Brian currently serves on the Board of the Mindfulness in Law Society, and as the CLE Officer on the Executive Committee of the ABA Section of Dispute Resolution. Previously Brian served on the board of the National Association for Community Mediation, and on the Section Council of the State Bar of Michigan’s ADR Section. In 2013 Brian received the George N. Bashara Award for exemplary service to the ADR Section of the State Bar of Michigan.
Brian’s research interests lie at the intersection of law, dispute resolution, and public administration and examine how formal and informal processes interrelate. As the Title IX Coordinator for the Law College, much of Brian’s research relates to university sexual misconduct. His writings on dispute resolution have been published in the Harvard Negotiation Law Review, the UCLA Journal of Law and Technology, the Denver Law Review, and the University of Tulsa Law Review.
Ph.D. in Public Administration 2015, University of Kansas; LL.M. in Dispute Resolution 2008, University of Missouri; J.D. 2005, Wayne State University Law School; M.P.P. 2003, University of Michigan; B.A. 2000, University of Michigan
- Contract Negotiation
This course introduces first-year students to principles of negotiation. Students will be required to engage in mock negotiation exercises.
- Dispute Resolution and Technology
(Formerly known as Online Dispute Resolution)This course introduces students to the evolving field of online dispute resolution (ODR). Students will examine how technology can facilitate dispute resolution. Specific topics will include:-The history and evolution of ODR -The nature of online practices, interactions, and disputes -Implications for dispute resolution across cultural and political boundaries -ODR systems and applications -The future of information technology in conflict avoidance and conflict management in online contexts. -Analysis of online communications as compared to communications that are F2F (face to face) -Throughout the course students will consider ethical and other professional and practical implications of ODR for parties, counsel, neutrals, and other participants. There are no particular prerequisites for this course, and no prior knowledge or experience in technology or alternative dispute resolution (ADR) is assumed. Note that the course is not intended to serve as a substitute for a foundational ADR course. This is a hands-on, experiential, skills building course. Students will analyze various online dispute resolution platforms and resolve simulated disputes using such technologies. Online content will be in the form of readings, audio lectures, powerpoints, threaded discussions, and participation in simulations or other ODR exercises.
- Mediation Advocacy
(Formerly DCL 555) This interactive course will cover: types of mediation (domestic relations, commercial, employment, labor, construction), deciding whether to mediate, mediation agreements, confidentiality (rules of evidence, privilege, immunity, statutory and court rule protection), enforcement of mediation agreements, role of attorney in mediation, selecting a mediator, duties of a mediator, timing of the mediation, and ethical issues in mediation (self-determination, impartiality, conflicts of interest, competence, confidentiality, quality of process, advertising and solicitation, fees, and obligations to the mediation process). Also covered will be Michigan Court Rule 2.411 Mediation, which went into effect August 2000. Teaching modalities will include lecture, simulations, video and exercises. Students who have taken Mediation Advocacy and Domestic Relations Mediator Training or Mediation Advocacy and Civil Facilitative Mediator Training may not take this course.
- Mediation Advocacy and Civil Facilitative Mediator Training
This course meets the civil facilitative mediator training requirement as required by Michigan Court Rule and the Michigan State Court Administrative Office (SCAO). With this training, and the completion of additional requirements, students will be able to apply for inclusion on court mediation rosters. The course includes a variety of graded assignments, including drafting an agreement to mediate (with adequate confidentiality provisions), a post-mediation agreement (with mediation clause), and a mediation representation plan. By balancing theory with practice and paying particular attention to mediation ethics, students completing this course will be prepared to both mediate civil cases and effectively advocate for clients in mediation. Students who have taken Mediation Advocacy and Domestic Relations Mediator Training may not take this course.
- Mediation Advocacy and Domestic Relations Mediator Training
This course meets the domestic relations mediator training requirement as required by Michigan Court Rule and the Michigan State court Administrative Office (SCAO). With this training, and the completion of additional requirements, students will be able to apply for inclusion on court mediation rosters. The course includes a variety of graded assignments, including drafting an agreement to mediate (with adequate confidentiality provisions), a post-mediation agreement (with mediation clause), and a mediation representation plan. By balancing theory with practice and paying particular attention to mediation ethics, students completing this course will be prepared to both mediate domestic relations cases and effectively advocate for clients in mediation. Students who have taken Mediation Advocacy and Civil Facilitative Mediator Training may not take this course.
(Formerly DCL 520) This course introduces principles of negotiation. Students will be required to engage in multiple mock negotiations, with frequent feedback from the instructor.
- Negotiation Advocacy
Students for this course will be selected from the MSU Law Intra-school Negotiation Competition to form two teams to compete in the ABA Law Student Division Negotiation Competition. Selection is based on skill, potential to be excellent teammates, to work hard, and to represent Michigan State University College of Law. The course allows students to develop their negotiation advocacy skills in an intensive, skills-based format. Preparing for the ABA Regional Negotiation Competition, students will develop skills in the areas of problem analysis, negotiation preparation, communications skills and strategies, and reflection and improvement. Through competition, students experience what it is to be a professional, competent, and ethical advocate in a negotiation. Students advancing to the national ABA negotiation competition will be expected to compete and prepare accordingly.
Dear Colleague: Title IX Coordinators and Inconsistent Compliance with the Laws Governing Campus Sexual Misconduct, (forthcoming, University of Tulsa Law Review)
Out from the Shadows: Title IX, University Ombuds and the Reporting of Campus Sexual Misconduct, (forthcoming, Denver Law Review).
Med-Arb and the Legalization of Alternative Dispute Resolution, Harvard Negotiation law Review, 20 Harv. Neg. Law. Rev. 157 (2015).
ONLINE COURT: Online Dispute Resolution and the Future of Small Claims, UCLA Journal of Law & Technology, 2008 UCLA J. L. Tech. 2.
Vacatur of Arbitration Awards on Public Policy Grounds, in Frank Elkouri & Edna Asper Elkouri, How Arbitration Works, (ed.-in-chief, Alan Ruben), 6th Edition, 2008 Supplement, ABA Section of Labor & Employment Law, BNA Books.