Education

Professor of Law, University of Hawai`i at Manoa
BBA, MBA, JD, University of Michigan

John Barkai received his BBA (1967), MBA (1968) and JD (1971) from the University of Michigan. He joined the University of Hawai`i law faculty in 1978, where he is a Professor of Law and Director of the Clinical Programs. He has also served as associate dean of the law faculty. At the Law School, he teaches courses on Alternative Dispute Resolution (negotiation and mediation), litigation, evidence, and international business transactions, and was voted the "Professor of the Year" at the Law School in 1992. Before coming to Hawaii, he was a criminal trial lawyer in Detroit, Michigan and taught at Wayne State University Law School for five years.

He has published numerous articles on the subject of negotiation and mediation and has extensive experience as a consultant. He has worked in the field of Alternative Dispute Resolution since 1979 when he was one of the first mediators trained in Hawaii. He is the past-President of the Board of Directors of the Neighborhood Justice (Mediation) Center of Honolulu, the past chairman of the Alternative Dispute Resolution Section of the Hawaii State Bar Association, a founding member of the University of Hawaii's Program on Conflict Resolution, and he frequently conducts training sessions in Hawaii and internationally.

In 1992-93, Professor Barkai was a Visiting Senior Scholar at the City University of Hong Kong and, in the past few years, he has taught negotiation and dispute resolution courses and workshops in Finland, Hong Kong, Japan, Korea, and the Federated States of Micronesia. He has served as a consultant to the Hawaii Judiciary, the Supreme Court of the Federated States of Micronesia, the Pacific Judicial Council, and the Minister of Justice for Papua New Guinea. He frequently lectures to foreign business people and has traveled extensively in Asia and the Pacific.

Alternative Dispute Resolution Related Publications

"Teaching Negotiation and ADR: The Savvy Samurai Meets the Devil," 75 Nebraska Law Review 704 (1997). An earlier version was published as University of Hawai`i, Program on Conflict Resolution Working Paper Series: 1997-1.

"The Court Annexed Arbitration Program Interim Evaluation Report: March 1991," in T. Kojima, T. Atsumi, H. Hokama & M. Shimizu, The Grand Design of America's Justice System 172 (1995). Tokyo: Chuo University Press. (with Gene Kassebaum).

"What Happens When Mediation Is Institutionalized?" 9 Ohio St. J. on Disp. Resol. 307 (1994) (with James Alfini, Robert Baruch Bush, Michele Hermann, Jonathan Hyman, Kimberlee Kovach, Carol Liebman, Sharon Press, & Leonard Riskin).

"Investing in Vietnam: An Ancient Land Looks for Modern Money," Legal Times, 36 (June 1994) (with Laurence Brahm).

"Using Electronic Mail for International Negotiation Simulations," (with Andrew Clark) University of Hawai`i, Program on Conflict Resolution Working Paper Series: 1993-1.

"Applying the Hawaiian Mediation Model to Disputes and Conflicts," 11 Interspectives 40 (1992).

"Electronic Negotiation: The International Electronic Mail Computer Negotiation Project," 11 Interspectives 71 (1992).

"Court-Annexed Arbitration in Hawaii: Is it Worth it?" Hiroshima Bar Journal, Japan, September, 1992 (in Japanese).

"Hawaii's Court-Annexed Arbitration Program: The Final Report, 1992," (with Kassebaum), University of Hawai`i, Program on Conflict Resolution Working Paper Series: 1992-2; also published in two parts at 16 Hiroshima Law Journal 157- 171 (1992) and 16 Hiroshima Law Journal 285-295 (1993) (in Japanese).

"Hawaii's Court Annexed Arbitration Program Interim Evaluation Report: March 1991," (with Kassebaum) in T. Kojima, America's Civil Justice System 261 (1992) (in Japanese). Tokyo: Chuo University Press.

"American Alternative Dispute Resolution: Mediation - An Overview and Mini-Training," 15 Hiroshima Law Journal 157 (1991) (in Japanese).

"Pushing the Limits on Court-Annexed Arbitration: The Hawaii Experience," 14 Justice System Journal 133 (1991) (with Kassebaum). An earlier draft was published in the Program on Conflict Resolution Working Paper Series: 1990-2.

"Nonverbal Communication from the Other Side: Speaking Body Language," 27 San Diego Law Review 101 (1990).

"Hawaii Court-Annexed Arbitration Evaluation is the First to Show Cost Reduction to Litigants," 3 BNA's Alternative Dispute Resolution Report 140 (1989) (with Kassebaum).

"Using Court-Annexed Arbitration to Reduce Litigant Costs and to Increase the Pace of Litigation," 16 Pepperdine L. Rev. 43 (1989) (with Kassebaum). An earlier version was published as Program on Conflict Resolution Working Paper Series: 1989-2.

"The Impact of Discovery Limitations on Pace, Cost and Satisfaction in Court Annexed Arbitration," 11 U. Haw. L. Rev. 81 (1989) (with Kassebaum). Also published in Japan as 13 Hiroshima Law Journal 132 (1989). An earlier version was published as "Court-Annexed Arbitration in Hawaii: An Evaluation of Cost, Satisfaction, and Pace," Program on Conflict Resolution Working Paper Series: 1988-3.

"The Lecture-In-Disguise," 18 New Mexico L. Rev. 117 (1987- 88).

"How to Develop the Skill of Active Listening," 30 Practical Lawyer (June 1984).

"Active Listening," 20 Trial 66 (August 1984).

"Empathy Training for Lawyers and Law Students," 13 Southwestern Univ. L. Rev., 505 (1983) (with V. Fine).

"Sensory Based Language in Legal Communication," 27 Practical Lawyer No. 1, 41 (1981).

"A New Model for Legal Communication: Sensory Experience and Representational Systems," 29 Cleveland St. L. Rev. 575 (1980).

"Lower Criminal Courts: The Perils of Procedure," 69 J. Crim. L. 270 (1978).