Mediation–and its many Applications

Dr. Larry Schooler Shares Real-World Lessons in Conflict Resolution

By Elizabeth Werts, Pre-Law Society

The Sam Houston State University Pre-Law Society was honored to participate in Conflict Resolution Month, sponsored by the Student Legal and Mediation Services, and hear from Dr. Larry Schooler, Assistant Professor in the Department of Communication Studies at The University of Texas at Austin, for an engaging discussion on the importance of communication, empathy, and understanding in conflict resolution.

With his extensive experience within government agencies and community groups as a mediator, Dr. Schooler emphasized the importance of conflict in development. He encouraged us not to concentrate on ‘winning’ an argument, but to listen.

“We spend so much time preparing to advocate,” he said, “but rarely enough time preparing to understand.”

Throughout the session, Dr. Schooler shared real-world examples from his work in mediation, public engagement, and even his family dynamics. He illustrated the role each party plays in an argument and how to become an objective assistant, focused on resolution and relationships. If each individual maintains patience, an agreement can be formed through consensus or acceptance of different views. He encouraged students to think critically about conflict in legal, professional, and interpersonal contexts, as well as the role of empathy as a tool for resolution.

We’ve each experienced conflict in multiple capacities, yet there is also room for growth in understanding and tactics to achieve a universal result.

“When formal education ends,” Dr. Schooler said, “being a student of life doesn’t.”

The event concluded with an open Q&A dedicated exclusively for Pre-Law Society students, where we asked thoughtful questions about careers in mediation, negotiation tactics, and the role of emotional intelligence in law. Dr. Schooler left attendees with a challenge: to seek understanding before seeking victory.

The event was part of a broader effort by the Pre-law Society to expose students to diverse perspectives and prepare them for the professional and personal challenges ahead, but it was made possible by the Student Legal and Mediation Services Center, which has put on Conflict Resolution Month programming since 2103 in partnership with the Dispute Resolution Center of Montgomery County.

As one member reflected after the meeting, “It reminded me that law isn’t just about rules and arguments—it’s about people.”

The LEAP Center and its students have been fortunate to partner with the Student Legal and Mediation Services for more than a decade. Many thanks to Dean Gene Roberts, Victoria McClendon-Leggett, and the many good student workers in the SLMS office for making this event possible. A full calendar of Conflict Resolution Month events can be found here.

Conflict Resolution Month with Randall Kiser and Dr. Gene Roberts

By Saara Maknojia

The LEAP Ambassadors kicked off the Conflict Resolution Month with an exciting virtual session hosted by Student Legal and Mediation Services- and what other way to enjoy an exciting session than with pizza?! The event was led by none other than Dr. Gene Roberts, Associate Dean and Director of Student Legal Mediation Services…

…and special guest Randall Kiser

…Principal Analyst and DecisionSet and a renowned author of six books, including Professional Judgment for Lawyers. 

Dean Roberts set the stage with a warm welcome to all attendees, introducing Kiser and giving a shoutout to the Pre-Law Society students in attendance. Kiser wasted no time diving into the core of his expertise, offering valuable advice to pre-law students who are eager to begin their legal journeys. 

Kiser’s discussion centered on his book Professional Judgment for Lawyers, in which Dean Roberts jokingly remarked could easily be titled Professional Judgment for Everyone… perhaps a title Kiser will use for the second addition of his book! The book offers insights into how our personal judgment shapes not only the legal field by society as a whole. Kiser walked us through the essential elements of decision-making in law, critiqued past and current law school structures, and shed light on how lawyers can use their experiences in the legal field to better serve their clients. 

When asked what inspired his transition from being a partner at a big law firm to becoming a researcher and author, Kiser cited the influence of modern management theories from Peter Drucker and Mihaly Csikszentmihalyi’s flow theory. These concepts motivated his passion for exploring how lawyers and successful law firms make decisions. 

One of the most interesting parts of Kiser’s discussion was his research on decision-making within the legal field. He emphasized the importance of professional judgment and highlighted how mediation training can significantly boost the success of a lawyer. According to Kiser, mediation fosters higher social awareness and sharper decision-making skills- both of which are qualities that make a strong attorney.  

As the session wrapped up, the LEAP Ambassadors had a chance to ask Kiser a few final questions, and we all left with a deeper understanding of the critical role judgment plays within the legal field. A huge thank you to Gene Roberts for making this inspiring session possible and accessible to the pre-law students and to Randall Kiser for sharing his wisdom and advice with us! 

Gene Roberts Interviews the Billion Dollar Bearkat, Brad Ertl

Jessica Cuevas, 09/05/2023

Unlike a typical Tuesday afternoon, the LEAP Ambassadors had the opportunity to attend a virtual event hosted by Sam Houston’s Student Legal Mediation Service (SLMS) Director, Dr. Gene Roberts, featuring Bradley (Brad) Ertl who would be discussing a recent multi-billion dollar ‘revenge porn’ case in Harris County. Brad Ertl is a Sam Houston Alum who, during his tenure at SHSU, received the student Sammy Award. He received his JD from South Texas College of Law and is currently an attorney at Gilde Law Firm, PLLC.

Ertl and his firm took the case of Mark West Jamall Jackson v Jane Doe not for the money but to send a message to the world that the sharing of invasive visual recordings or ‘revenge porn,’ as we colloquially know it as, is not okay. This is what they intended to do from the start, and they were successful in it despite the defendant never appearing in court or having had responded to being served.

In 2012, Mark West Jamall Jackson and Jane Doe met at the wedding of their best friends: he was his best friend’s best man and Jane was her best friend’s maid of honor. They became good friends and kept in contact after the wedding, but it was not until Jane’s father became terminally ill that she began to confide more in Mark and grew closer to him. This led to the start of their relationship in 2016. Soon after Mark was offered a job in Chicago and he asked Jane if she would move with him, which she happily agreed to since their relationship was going well.

The first couple of years were great until Mark lost his job in 2019 and became verbally abusive towards Jane who was currently excelling in her career as an educator. There was testimony to prove that he was a womanizer and could not have any woman be smarter or better than him. Even when things got pretty bad between the two, Jane went to see her mom and believed that she and Mark were going through a rough patch, just like everyone else in their life, she believed this was a ‘forever relationship.’ However, things only went downhill from here when Mark began to share and threaten Jane with nonconsensual sharing of a nonconsensual recording of intimate behavior between the two through all social media, internet websites, emails to her co-workers, etc. Ultimately, after telling their story the jury delivered their verdict within 30 minutes of delivering and favored Jane Doe by $1.2 billion. Although it may seem like a lot, this case was not about the money and no amount of money will ever repair the hardships and emotional toll that she had to endure during the past years.

After providing us with a couple of details of the case but was careful not to share too much, as this case is ongoing and the final judgment is still pending, Ertl broke down the case and explained the legal aspects of the case for the pre-law students: how to choose a jury, how to prepare for a case or determine causes of action, how to continue a case when the defendant evades being served, what the expectations were as he and his colleagues eagerly waited for the final judgment to be delivered by the judge, and how to deal with a case that is emotionally heavy.

To end the evening, Ertl was asked to give pre-law students some advice and he highlighted three things: (1) be present, (2) have and maintain good grades, and (3) go with your gut and tell your story. The latter of which really stood out to me because it was different from what we normally hear but it was a great piece of advice, nonetheless. Intuition is crucial in the legal field as you want to trust gut feelings when having to decide who you want to represent and the best way to defend them to create your reputation. However, at Gilde Law Firm, PLLC. they do focus groups to help guide them in what evidence present to a jury and how to present it as they prepare for a trial.

Thank you, Dr. Gene Roberts…

…for hosting Brad Ertl, and thank you Mr. Ertl for taking the time to discuss this case with Sam Houston State University students and faculty! If you are interested in reading more about the case search Ertl’s name and news articles will come up about this multi-billion-dollar case.