Coben,-Jim

James Coben

Professor
Email: jcoben@hamline.edu
Phone: 651-523-2137

 

BA, Williams College
JD, Northeastern University School of Law

 


"Commitment to the interests of clients is not only about zealous advocacy on their behalf. Sometimes the best advocacy is not fighting at all. Successful lawyers of the 21st century will be leaders in creative dispute resolution."


View Professor Coben's research: SSRN Author Page -- James Coben


Professor James Coben, a senior fellow in Hamline's Dispute Resolution Institute (DRI), which he directed from 2000-2009, teaches civil procedure, dispute resolution practices, mediation, and negotiation. He also pioneered a variety of innovative alternative dispute resolution clinical opportunities for law students, including mediation advocacy on behalf of clients in family law and employment cases. More recently, he has focused his energies on development of international ADR educational opportunities and serving as the founding academic director of Hamline's new Master in the Study of Law (MSL) program.


During his tenure as DRI director, he created three Hamline ADR foreign programs -- an international commercial arbitration program in London, an international business transactions negotiation program in Rome, and a program in democratic dialogue and mediation in Budapest. Professor Coben is coordinator of the "Rethinking Negotiation Teaching Project," a joint effort of the law school, the JAMS Foundation, ADR Center Foundation (Rome), and Convenor Conflict Management to critically examine what is taught in negotiation and how we teach it, with special emphasis on how best to "translate" teaching methodology to succeed with diverse, global audiences. The project opened with an international conference in Rome, Italy in May 2008, moved on to Istanbul, Turkey in October 2009 and closed with a conference in Beijing, China in May 2011, with each conference followed by publishing of conference scholarship in a book and companion journal special issue. From 2003-2007, Professor Coben served as project director for a European Union/U.S. Department of Education funded project to develop transnational ADR curriculum and promote transatlantic student mobility.


Professor Coben has published numerous ADR related articles and is co-author of the third edition of Mediation: Law Policy & Practice (West 2012-13), a founding editor of 谈判 Tán Pàn: The Chinese-English Journal on Negotiation, and co-editor of Educating Negotiators for a Connected World: Volume 4 in the Rethinking Negotiation Teaching Series (DRI Press 2013); Assessing Our Students, Assessing Ourselves: Volume 3 in the Rethinking Negotiation Teaching Series (DRI Press 2012); Venturing Beyond the Classroom: Volume 2 in the Rethinking Negotiation Teaching Series (DRI Press 2010); and Rethinking Negotiation Teaching: Innovations for Context and Culture (DRI Press 2009). Together with colleague Peter N. Thompson, Professor Coben created the Mediation Case Law Project -- a systematic attempt to catalogue litigation trends about mediation, as well as produce and distribute innovative teaching videos, and other resources to ADR academics, practitioners, and trainers.


Professor Coben has made over 130 presentations on ADR topics at conferences and continuing education events in the U.S. and abroad. He is a member of the editorial board of Dispute Resolution Magazine, the flagship publication of the American Bar Association Section of Dispute Resolution. Between 1999 and 2005, Professor Coben was a member of the Minnesota Supreme Court's ADR Review Board, charged with regulating the performance of court‑appointed neutrals. He also is a past chair of the ADR Section of the Association of American Law Schools ("AALS"), and has twice co-chaired the annual Legal Educator's Colloquium sponsored by AALS and the American Bar Association (ABA) Dispute Resolution Section. He also served as chair of the section's Lawyer as Problem-Solver Committee and as a member of the section's Ethics Committee. Prior to joining the Hamline faculty, Professor Coben served as law clerk to U.S. District Court Judge Robert Renner, Jr. in Saint Paul. 

 

Publications


Cooking Up a Deal: Negotiation Recipes for Success , MARQUETTE LAW SCHOOL LEGAL STUDIES PAPER NO. 14-10, UC IRVINE SCHOOL OF LAW RESEARCH PAPER NO. 2014-27 (2014). (with Andrea Kupfer Schneider, Robert Dingwall, Daniel Druckman, Noam Ebner, Howard Gadlin, Christopher Honeyman, Sanda Kaufman, Michelle LeBaron, Roy J. Lewicki, David Matz, Carrie Menkel-Meadow, Michael L. Moffitt, Jennifer W. Reynolds, John Harington Wade, and Nancy Welsh).
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Where Mediation is Concerned, Sometimes 'There Ought Not to Be a Law'! DISP. RESOL. MAG. 34-38 (2014). (with Sarah Rudolph Cole, Craig McEwen, Nancy H. Rogers, and Peter N. Thompson).
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EDUCATING NEGOTIATORS FOR A CONNECTED WORLD: VOLUME 4 IN THE RETHINKING NEGOTIATION TEACHING SERIES (DRI Press 2013), co-edited with Christopher Honeyman and Andrew Lee.
 
ASSESSING OUR STUDENTS, ASSESSING OURSELVES: VOLUME 3 IN THE RETHINKING NEGOTIATION TEACHING SERIES (DRI Press 2012), co-edited with Noam Ebner and Christopher Honeyman.
 
MEDIATION: LAW, POLICY AND PRACTICE, 3rd ed. (West 2012-13), co-authored with Sarah Cole, Craig McEwen, Nancy Rogers, and Peter Thompson.
 
VENTURING BEYOND THE CLASSROOM: VOLUME 2 IN THE RETHINKING NEGOTIATION TEACHING SERIES (DRI Press 2010), co-edited with Christopher Honeyman and Giuseppe De Palo.
 
RETHINKING NEGOTIATION TRAINING: INNOVATIONS FOR CONTEXT AND CULTURE (DRI Press 2009), co-edited with Christopher Honeyman and Giuseppe De Palo.
 
Creating a 21st Century Oligarchy: Judicial Abdication to Class Action Mediators, 5 PENN. ST. Y.B. ARB. & MEDIATION 162 (2013).
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Introduction: What Have We Learned, co-author with Christopher Honeyman and Andrew Lee, in EDUCATING NEGOTIATORS FOR A CONNECTED WORLD (DRI PRESS 2013).
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Teaching Wickedness to Students: Planning and Public Policy, Business and Law, co-author with Roy Lewicki and Sanda Kaufman, in EDUCATING NEGOTIATORS FOR A CONNECTED WORLD (DRI Press 2013).
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Epilogue: The Biz, co-author with Christopher Honeyman and Andrew Lee, in EDUCATING NEGOTIATORS FOR A CONNECTED WORLD (DRI Press 2013).
 
Introduction: Assessment as Mirror, co-author with Noam Ebner and Christopher Honeyman, in ASSESSING OUR STUDENTS, ASSESSING OURSELVES (DRI Press 2012).
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Empowerment and Recognition: Students Grad Each Other's Negotiation Outcomes, in ASSESSING OUR STUDENTS, ASSESSING OURSELVES (DRI Press 2012).
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Epilogue: Assessing Ourselves, co-author with Noam Ebner and Christopher Honeyman, in ASSESSING OUR STUDENTS, ASSESSING OURSELVES (DRI Press 2012).
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Trick or Treat: The Ethics of Mediator Manipulation, 17 DISP. RESOL. MAG. 18 (2010), co–author with Lela Love.
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Introduction: Half-Way to a Second Generation, co-author with Christopher Honeyman, in VENTURING BEYOND THE CLASSROOM (DRI Press 2010).
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Straight Off the Deep End in Adventure Learning, co-author with Christopher Honeyman and Sharon Press, in VENTURING BEYOND THE CLASSROOM (DRI Press 2010).
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Navigating Wickedness: A New Frontier in Teaching, co-author with Christopher Honeyman, in VENTURING BEYOND THE CLASSROOM (DRI Press 2010).
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Introduction: The Second Generation of Negotiation Teaching, co-author with Christopher Honeyman and Giuseppe De Palo, in RETHINKING NEGOTIATION TEACHING: INNOVATIONS FOR CONTEXT AND CULTURE (DRI Press 2009).
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Introduction: Negotiation Teaching 2.0, 25 NEGOTIATION JOURNAL 141 (Spring 2009), co-author with Christopher Honeyman and Giuseppe De Palo.
 
An Intentional Conversation about Conflict Resolution in Health Care, 29 HAMLINE J. PUB. L. &POL’Y 211 (2008).
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Mediation Litigation Trends 1997-2007, 2 WORLD ARB. & MEDIATION REV. 395 (2007), co-author with Peter Thompson.
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Intentional Conversations about the Globalization of ADR, 27 HAMLINE J. PUB. L. & POL’Y 217 (2006)
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Disputing Irony: A Systematic Look at Litigation about Mediation, 11 HARV. NEGOT. L. REV. 43 (2006), co-author with Peter Thompson.
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Gollum, Meet Sméagol: A Schizophrenic Rumination on Mediator Values Beyond Self Determination and Neutrality, 5 CARDOZO J. CONFLICT RESOL. 65 (2004).
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Intentional Conversations about Restorative Justice, Mediation and the Practice of Law, 25 HAMLINE J. PUB. L. & POL’Y 235 (2004), co-author with Penelope Harley.
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Building a Bridge: Lessons Learned from Family Mediation Training for the Hmong Community of Minnesota, 40 FAM. CT. REV. 336 (2002); reprinted in 16 MINN. FAM. L. J. 49 (May/June 2003).
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Formalizing a Non-Representational Role for Lawyers in Dispute Resolution: ADR Highlights from the Final Report of the American Bar Association Ethics 2000 Commission, 3(1) J. ALT. DISP. RESOL. EMP. 4 (2001).
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Mediation's Dirty Little Secret: Straight Talk About Mediator Manipulation and Deception, 2(4) J. ALT. DISP. RESOL. EMP. 4 (2000), excerpted in Menkel-Meadow, et al., DISPUTE RESOLUTION: BEYOND THE ADVERSARIAL MODEL (2005).
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Misrepresentation in Mediation: Efficacy, Expectations, and Ethical Norms, 2(3) J. ALT. DISP. RESOL. EMP. 4 (Fall 2000).
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Empathy: An Unspoken Ethical Issue for Neutrals, 2 J. ALT. DISP. RESOL. EMP. 4 (2000).
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Ruminations on the 'Culture' of Law: Recognizing an Inevitable Influence on the Evolution of Dispute Resolution Alternatives, 2 J. ALT. DISP. RESOL. EMP. 4 (2000).
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Minnesota’s Phantom Menace: The Civil Mediation Act 56 BENCH & B. OF MINN. 33 (1999). (with Peter N. Thompson).
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Upstream, Downstream, and In Between: Navigating the Muddy Waters of Neutrals' Bias and Conflict of Interest, 1 J. ALT. DISP. RESOL. EMP. 4 (1999).
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The Haghighi Trilogy and the Minnesota Civil Mediation Act: Exposing a Phantom Menace Casting a Pall Over the Development of ADR in Minnesota, 20 HAMLINE J. PUB. L. & POL’Y 299 (1999), co-author with Peter Thompson.
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Rethinking Zealousness: A Paradigm for Representation of Clients in Mediation 1 J. OF ALTERNATIVE DISP. RESOL. IN EMP. 4 (1999).
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Summer Musings on Curricular Innovations to Change the Lawyer's Standard Philosophical Map, 50 U. FLA. L. REV. 735 (1998).
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Ethical/Professional Responsibility Concerns for Rule 114 Lawyer-Mediators: A Vacuum of Applicable Rules?, 16 HAMLINE J. PUB. L. & POL’Y 375 (1995).
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Community-Based Dispute Resolution, 12 HAMLINE J. PUB. L. & POL’Y 13 (1991).
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