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50 S. Tex. L. Rev. 493 (2008-2009)
Awareness and Ethics in Dispute Resolution and Law: Why Mindfulness Tends to Foster Ethical Behavior

handle is hein.journals/stexlr50 and id is 499 raw text is: AWARENESS AND ETHICS IN DISPUTE
RESOLUTION AND LAW: WHY MINDFULNESS
TENDS TO FOSTER ETHICAL BEHAVIOR*
LEONARD L. RISKIN**
It is a real treat for me to join you at South Texas College of Law
for this timely and comprehensive program on Ethics in the
Expanding   World  of ADR: Considerations, Conundrums, and
Conflicts.' This law school had a major impact on my own work in
mediation. In the early 1980s, when I was teaching nearby at the
University of Houston Law Center, I volunteered to mediate at the
Houston Neighborhood Justice Center (NJC). South Texas College
of Law hosted the training program for volunteers. Two current
members of the South Texas faculty played important leadership roles
in these efforts. Judge Frank Evans was Chairman of the Board of the
NJC, and plainly the most active and influential proponent of
mediation in Texas. Professor Kim Kovach, the Associate Director of
the NJC, was one of three co-teachers in the forty-hour training
program. Both have gone on to make immense contributions to the
field. And South Texas College of Law has shown a continuing
commitment to leadership in mediation, in part by hiring my old
friend Jim Alfini, one of the great leaders in the mediation movement,
as its dean.
This symposium embraces a level of sophistication that would
have been unimaginable to Houston mediators in the early 1980s. The
issues we faced at that time were quite basic. We had to distinguish
mediation from arbitration and from law practice. We also had to
distinguish it from meditation; some of our mediation colleagues
* Copyright © 2009 Leonard L. Riskin. This is a cleaned-up, extended, and
footnoted version of a luncheon presentation at the Symposium, Ethics in the Expanding
World of ADR: Considerations, Conundrums, and Conflicts, sponsored by South Texas
College of Law in Houston, Texas on Nov. 2, 2007. 1 am grateful to Daniel Bowling,
Jonathan Cohen, Clark Freshman, Scott Peppet, Scott Rogers, and Ellen Waldman for
comments on a draft of this essay.
** Chesterfield Smith Professor of Law, Levin College of Law, University of Florida.
1. 49 S. TEx. L. REV. 787 (2008).

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