Hernandez Crespo, Mariana

Mariana Hernandez Crespo

Associate Professor and Founder and Executive Director of the International Dispute Resolution Research Network

Hernandez-Crespo,-Mariana
(651) 962-4835
(800) 328-6819, Ext. 2-4835

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 Dispute Resolution 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.

Courses Taught

Number Title Credits
903 Alt. Dispute Resolution 3
905 Negotiation 3
914 Mediation 3
950 Supervised Resrch & Writing .5

Areas of Academic Expertise:

Alternative Dispute Resolution 

From the article "Grand Ideas: Faculty members describe the best ideas from their scholarship"
St. Thomas Lawyer Magazine Fall 2011

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.

Contributions and mentions in the media

St. Thomas Lawyer Magazine - "Maximizing the Potential of Dispute Resolution Systems"

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Hernandez Crespo drafts international mediation regulations

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Hern√°ndez Crespo assists Mongolian government in dispute resolution

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World Bank invites Hernandez Crespo to be expert guest in Bolivia meeting

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World Trade Institute appoints Hernandez Crespo as faculty member

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ABA Section of Dispute Resolution Spring Conference - "Are We Doing It Right? Rethinking Cultural Assumptions in ADR Training"

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Present and Future from ADR in Costa Rica: National and International Arbitration - "The Future of ADR and Trends"

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American Bar Association Representation in Mediation Competition - Committee Co-Chair

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First National Congress for Mediation: Breaking Paradigms of Mediation - "Collaborative Governance: Exploring the Opportunity for Public Decision Making in Latin America" (KEYNOTE)

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First National Congress for Mediation: Breaking Paradigms of Mediation - "Mediation in Global Markets: Using Technology to Develop Capacities"

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Books

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).

Chapters

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).

Articles

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).

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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).

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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).

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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).

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Short Pieces

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.