Associate Professor and Founder of the UST International ADR Research Network
1000 LaSalle Avenue
Minneapolis, MN 55403
Office Location: MSL 456
J.D., Harvard Law School
LL.M., Harvard Law School
J.D., Universidad Catolica Andres Bello
Professor Mariana Hernandez Crespo G. holds J.D. and LL.M. degrees from Harvard Law School. While at Harvard, she led projects in Latin America in the area of capacity building of conflict resolution, conflict transformation, and cultural awareness with community leaders and educational institutions. She has taught classes on conflict resolution at the Metropolitana University in Venezuela and the Law School of the University of Alfonso X El Sabio in Madrid, Spain.
Her first law degree was from the Catholic University Andres Bello in Caracas. In Caracas, she practiced law and clerked for Justice Calcano de Temeltas of the Supreme Court. She also worked as an associate at Davis Polk and Wardwell in New York City.
Currently, Professor Hernandez-Crespo G. is an Associate Professor at St. Thomas School of Law in Minneapolis, Minnesota, where she teaches courses in the area of conflict resolution, such as ADR, mediation, community-based advocacy, and environmental problem solving. She is also the founder and Executive Director of the University of St. Thomas International ADR Research Network.
Her research explores how Dispute Systems Design can create more participatory models that lead to broader inclusion in dispute and conflict management systems design. She has publications in English, Spanish and Portuguese.
As the Co-Chair of the ABA Law School Committee of the ADR Section, she is a coordinator for the Regional and National Competitions of Representation in Mediation of the American Bar Association, as well as the ABA National ADR Educators' Colloquium. She also serves as part of the Scholarly Award Committee of the ABA Section of Dispute Resolution.
In addition, she has broad international experience in the field. She has trained and led national consensus building efforts in Brazil, focused on maximizing the nation's dispute resolution systems. She has also trained Venezuelans on advanced mediation and Dispute Systems Design. Working with the Trust for the Americas at the Organization of American States (OAS), she has led programs on Dispute Systems Design capacity building with the labor and non-profit sectors in El Salvador and the Dominican Republic. As an expert in investor-State disputes, she participated in the UNCTAD World Investment Forum in China.
|903||Alt. Dispute Resolution||3|
|Description of course 903 :||This course will examine the theory and practice of resolving legal disputes in ways other than by litigation. Students will explore the nature of conflict resolution among individuals and among groups. They will examine ADR processes like mediation, arbitration and summary jury trials, with a heavy emphasis on negotiation and settlement dynamics and techniques. The course will focus throughout on the ethical responsibilities of lawyers advising clients about settlement and ADR processes.|
|Description of course 914 :||This course will examine different types of mediation, and will focus on developing mediation skills. These skills will then be put to use in simulations. We will also focus on the concept and process of "value creation". Students will be required to write a short paper in lieu of an examinaiton.|
|950||Supervised Resrch & Writing||.5|
|Description of course 950 :||Under the supervision of a faculty member, a student may receive up to two hours of course credit for researching and writing a substantial paper on a topic of the student's own choosing. The student must receive the instructor's per- mission to enroll in this course and must meet periodically with the instructor for discussion, review and evaluation. Each faculty member may supervise the research of no more than five students each semester.|
Alternative Dispute Resolution
My scholarship has suggested that enhancing the “shadow of the law” through citizen participation is essential to the optimization of dispute resolution systems in Latin America. I have argued that processes such as consensus building could create channels for meaningful participation in public decision making, which could, in turn, supplement representative democracies. I also have argued that there is untapped potential in the already existing multidoor courthouses in the form of casas de justicia. I have proposed that if this architectural design were expanded to include all citizens, and not just the poor, and were linked through regional and national committees, they could contribute to developing channels of communication, best practices and greater accountability. I contend that this could help to advance systemic inclusion and participation, thus contributing to building a foundation for rule of law in the region.
Upcoming: My work has moved to the international level, focusing on optimizing dispute resolution systems across cultures and borders.
Mariana Hernandez-Crespo & Etulio Vargas, Investing Social Capital: Exploring the Multi-Door Courthouse to Maximize Dispute Resolution Systems in Brazil (in Portuguese: Tribunal Multiportas: Investindo No Capital Social Para Maximizar o Sistema de Solução de Conflitos No Brasil, FGV Editora, 2012) (Foundation Press, 2011).
Mariana Hernandez-Crespo, From Problem to Potential: The Need to Go Beyond Investor-State Disputes and Integrate Civil Society, Investors and State at the Local Level, in Poverty and the International Economic Legal System (Krista Nadakavukaren Schefer, ed., Cambridge U. Press, 2013).
Mariana Hernandez-Crespo, Capitalizing on Diversity: Building Capacity for Effective Participation in Systems of Conflict Management and Resolution, in Aspectos Atuais Sobre a Mediação e Outros Métodos Extra e Judiciais de Resolução de Conflitos 283 (Adolfo Braga Neto & Lilia Maia de Morais Sales, eds., GZ Editora, 2012).
Mariana Hernandez-Crespo, Securing Investment: Innovative Business Strategies for Conflict Management in Latin America, in 2 ADR in Business: Practice and Issues Across Countries and Cultures 457 (Arnold Ingen-Housz ed., Kluwer Law International 2011).
Mariana Hernandez-Crespo, From Noise to Music: The Potential of the Multi-Door Courthouse Model to Advance Systemic Inclusion and Participation as a Foundation for Sustainable Rule of Law in Latin America, J. Disp. Resol. (forthcoming 2012).
Mariana Hernandez-Crespo, From Paper to People: ADR Capacity Building and a Framework of Sustainable Implementation for BITs to Increase Satisfaction of Investor-State Interests, in United Nations Conference on Trade and Development, Lexington, Va., U.S., Mar. 29, 2010, Investor–State Disputes: Prevention and Alternatives to Arbitration, 55, U.N. Doc. UNCTAD/WEB/DIAE/IA/2010/8 (June 2011).
Mariana Hernandez-Crespo & Frank Sander, Building the Latin America We Want: Supplementing Representative Democracies with Consensus Building, 10 Cardozo J. Conflict Resol. 425 (2009).
Mariana Hernandez-Crespo, A Systemic Perspective of ADR in Latin America: Enhancing the Shadow of the Law Through Citizens’ Participation, 10 Cardozo J. Conflict Resol. 91 (Fall 2008).
Mariana Hernandez-Crespo, A Dialogue Between Professors Frank Sander and Mariana Hernandez-Crespo: Exploring the Evolution of the Multi-Door Courthouse, 5 U. St. Thomas L.J. 665 (2008).
Mariana Hernandez-Crespo, A Glance from 30,000 Feet: The Complexity and Promise of Conflict Resolution in Latin America, Int'l Disp. Resol. News, Winter 2009/2010, at 15.