The Art of the Deal in Indian Country: Effective Negotiation, Mediation and Arbitration Options, Skills, Tactics and Strategies

2.5 General AV CLE Credits | WSBA AV CLE Activity ID #410732

Session 3 wil assist practitioners in understanding their ADR options and in thinking through which tool best fits a given situation.


Recorded:  07/09/2015
Credits:  2.5 General AV CLE | WSBA AV CLE Activity ID #410732
Length: 2 hours, 33 minutes

Featured Speakers:
Eric D. Eberhard, Betsy Daniels

Developing and maintaining effective negotiating skills is more important than ever in the practice of Indian law as the volume and complexity of contracts, transactions, and compacts increases and as tribes seek to settle more disputes through alternative dispute resolution (ADR) methods such as negotiation, mediation, or arbitration rather than litigation. This session is intended to assist practitioners in understanding their ADR options and in thinking through which tool best fits a given situation.


Program Chairperson

Eric D. Eberhard

Co-Faculty Director, Center for Indian Law and Policy and Distinguished Indian Law Practitioner in Residence, Seattle University School of Law

Eric D. Eberhard is a Distinguished Indian Law Practitioner in Residence at the Law School at Seattle University. From 1995 to 2009 he was a partner in the Seattle office of Dorsey and Whitney LLP. He received his B.A. degree from Western Reserve University in 1967; a J.D. degree from the University of Cincinnati in 1970 and an LL.M. from George Washington University in 1972. He has been actively engaged in the practice of Indian Affairs law since 1973, including employment in legal services, private practice and as the Deputy Attorney General of the Navajo Nation and Executive Director of the Navajo Nation Washington Office. His practice has involved all aspects of the representation of Indian tribes, organizations, individuals and entities doing business with Indian tribes in federal, state and tribal judicial, legislative and administrative forums.

From 1989 to 1995 he served as the General Counsel and Staff Director on the Senate Committee on Indian Affairs for Senator John McCain of Arizona. In that capacity he had direct responsibility for legislation relating to the protection of the environment on Indian lands, Indian cultural resources protection, gaming, water rights, self-determination and self-governance, tribal courts and economic development.

In December, 2000, the U. S. Senate confirmed President Clinton's appointment of Mr. Eberhard to the Board of Trustees of the Morris K. Udall Foundation. President Bush nominated Mr. Eberhard for a second term on the Board in 2005 and he was confirmed by the Senate in 2007. From 2001 to 2011 he chaired the Board's Committee on the Native Nations Institute. In 2011, he was elected as Chairman of the Board of Trustees. He also serves as the Vice-Chairman of the Native American Concerns Committee of the American Bar Association's Committee on Individual Rights and Responsibilities and is a Life Fellow of the American Bar Foundation. Mr. Eberhand is an Associate Justice of the Court of Appeals of the Confederated Tribes of Coos, Lower Umpqua and Suislaw Indians in Oregon.

He has been recognized by Best Lawyers in America and Chambers. At Dorsey & Whitney he was recognized as the Partner of the Year, the Diversity Partner of the Year and the Pro Bono Partner of the Year. He has been honored by the United South and Eastern Tribes, Navajo Nation and its courts, the National Indian Gaming Association, the National Association of Indian Legal Services Programs, the Intertribal Timber Council and the American Indian Religious Freedom Coalition for outstanding service and contributions. In 2013 Mr. Eberhard was presented with the Lifetime Achievement Award by the Northwest Indian Bar Association.


Betsy Daniels, Principal and Senior Associate, Triangle Associates, Inc., Seattle WA

Betsy Daniels has 20 years of experience in the design and facilitation of multi-jurisdictional and multi-party processes involving local, state, federal, and tribal governments; scientists; non-governmental organizations; and stakeholders involved in natural resource management and environmental justice (EJ) issues. Betsy has worked with both small organizations and large agencies on goal setting and visioning, strategic planning, collaborative decision-making and conflict resolution. She has worked closely with tribal and non-tribal governments throughout the Northwest to design and implement effective collaboration.

Betsy has a flexible style in which she responds and adapts to the needs of her clients and project participants. She assists groups in finding clear roles and responsibilities, utilizing and translating scientific information, and ensuring that all voices are heard. Betsy provides her clients and project participants with procedural, substantive, and emotional satisfaction within a fair process.

Betsy has published on a variety of topics including tribal/county intergovernmental cooperation, watershed community-building, coastal management, and the selective breeding of fishes. She is the only practitioner on the west coast selected for the national EPA Title VI environmental justice roster. She holds a Master's Degree from the University of Washington's School of Marine Affairs with an emphasis on dispute resolution in multi-jurisdictional settings. Betsy was trained as a mediator at the University of Washington Law School and as a facilitator at the Institute for Cultural Affairs.


General Registration (in-person attendance) - $75.00

SU School of Law Alumni/Tribal Attorneys (in-person attendance) - $60.00