Coben, James

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James Coben

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

 

B.A., Williams College
J.D., 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.


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, and ADR Center Foundation (Rome), 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 (Thomson West 2011), a founding editor of 谈判 Tán Pàn: The Chinese-English Journal on Negotiation, and co-editor of 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). The third and final volume of the Rethinking Teaching series will be published in early 2012. 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. 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


MEDIATION: LAW, POLICY & PRACTICE 3rd ed., co-author with Sarah Cole, Nancy Rogers, Craig McEwen and Peter Thompson (Thomson West 2011)
 
Venturing Beyond the Classroom: Volume 2 in the Rethinking Negotiation Teaching Series (DRI Press 2010), co-editor.
 
RETHINKING NEGOTIATION TRAINING: INNOVATIONS FOR CONTEXT AND CULTURE, co-editor with Christopher Honeyman and Giuseppe de Palo (DRI Press 2010)
 
Trick or Treat: The Ethics of Mediator Manipulation, 17 DISPUTE RESOLUTION MAGAZINE 18 (Fall 2010), co–author with Lela Love
  PDF

Introduction: Half-Way to a Second Generation, co-authored with Christopher Honeyman, in Venturing Beyond the Classroom: Volume 2 of the Rethinking Negotiation Teaching Series (DRI Press 2010), edited by Christopher Honeyman, James Coben, and Giuseppe De Palo
  PDF

Straight Off the Deep End in Adventure Learning, co-author with Christopher Honeyman and Sharon Press, in VENTURING BEYOND THE CLASSROOM: VOLUME 2 OF THE RETHINKING NEGOTIATION TEACHING SERIES (DRI Press 2010), edited by Christopher Honeyman, James Coben, and Giuseppe De Palo
  PDF

Navigating Wickedness: A New Frontier in Teaching, co-author with Christopher Honeyman, in VENTURING BEYOND THE CLASSROOM: VOLUME 2 OF THE RETHINKING NEGOTIATION TEACHING SERIES (DRI Press 2010), edited by Christopher Honeyman, James Coben, and Giuseppe De Palo
  PDF

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), edited by Christopher Honeyman, James Coben, and Giuseppe De Palo
  PDF

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)
 Lexis Westlaw HeinOnline(Hamline Users) HeinOnline PDF

Mediation Litigation Trends 1997-2007, 2 WORLD ARB. & MEDIATION REV. 395 (2007), co-author with Peter Thompson
  PDF

Intentional Conversations about the Globalization of ADR, 27 HAMLINE J. PUB. L. & POL’Y 217 (2006)
 Lexis Westlaw HeinOnline(Hamline Users) HeinOnline PDF

Disputing Irony: A Systematic Look at Litigation about Mediation, 11 HARV. NEGOT. L. REV. 43 (2006), co-author with Peter Thompson
 Lexis Westlaw HeinOnline(Hamline Users) HeinOnline PDF

Gollum, Meet Sméagol: A Schizophrenic Rumination on Mediator Values Beyond Self Determination and Neutrality, 5 CARDOZO J. CONFLICT RESOL. 65 (2004)
 Lexis Westlaw HeinOnline(Hamline Users) HeinOnline PDF

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
 Lexis Westlaw HeinOnline(Hamline Users) HeinOnline PDF

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).
 Lexis Westlaw

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)
Business Source Premier  PDF

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)
Business Source Premier  PDF

"Misrepresentation in Mediation: Efficacy, Expectations, and Ethical Norms," 2(3) J. ALT. DISP.RESOL. EMP. 4 (Fall 2000)
  PDF

"Empathy: An Unspoken Ethical Issue for Neutrals," 2(2) J. ALT. DISP.RESOL. EMP. 4 (Summer 2000)
  PDF

"Ruminations on the 'Culture' of Law: Recognizing an Inevitable Influence on the Evolution of Dispute Resolution Alternatives," J. ALT. DISP.RESOL. EMP. 4 (Spring 2000)
  PDF

"Upstream, Downstream, and In Between: Navigating the Muddy Waters of Neutrals' Bias and Conflict of Interest," 1(3) J. ALT. DISP.RESOL. EMP. 4 (Winter 1999)
  PDF

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
 Lexis Westlaw HeinOnline(Hamline Users) HeinOnline PDF

Summer Musings on Curricular Innovations to Change the Lawyer's Standard Philosophical Map, 50 U. FLA. L. REV. 735 (1998)
 Lexis Westlaw HeinOnline(Hamline Users) HeinOnline PDF

Ethical/Professional Responsibility Concerns for Rule 114 Lawyer-Mediators: A Vacuum of Applicable Rules?, 16 HAMLINE J. PUB. L. & POL’Y 375 (1995)
  HeinOnline(Hamline Users) HeinOnline PDF

Community-Based Dispute Resolution, 12 HAMLINE J. PUB. L. & POL’Y 13 (1991)
  HeinOnline(Hamline Users) HeinOnline PDF