Volume 21.2: Winter 2020

Articles

ADR: Disputing with a Modern Face, Or Bargaining for the Bargaining Impaired?

– Robert J. Condlin

 

Competition Between State Courts and Private Tribunals

– Horst Eidenmüller

 

Peer Mediation: Equipping Student Leaders with The Ability to Resolve Internal Conflicts

– Leonora Gogos

 

How a Good Idea Became a Bad Idea: Universities and the Use of Non-Disclosure Agreements in Terminations for Sexual Misconduct

– Julie Macfarlane

 

Can the Pursuit of Truth Reconcile with the Principle of Minimizing False Convictions?

– Doron Menashe

 

Arbitration of Worker Contracts: New Prime’s Proper Statutory Interpretation of the 1925 Federal Arbitration Act

– Margaret L. Moses

 

Transcript

2019 Camp Courthouse Colloquy United States Court of Appeals for the Second Circuit: Leadership and Mediation

– Featuring General Colin Powell

 

Notes

Crossing the Border or Crossing the Line? Why Alternate Dispute Resolution is the Best Route to Reunite Families of Immigrant Children Separated at The U.S.-Mexico Border

– Colby Berman

 

Where’s the Beef: The Use of Mediation to Resolve Disputes Between Rappers

– Craig Epstein

 

How Mediation Between Schools and Students Will Help Students Combat Student Debt

– Joshua A. Graber

 

The Ongoing Speculation About Smart Contracts: Smart Enough to Replace Third Party Arbitrators, or Is “Smart” Just A Misnomer?

– Rakhil Kalantarova

Volume 21.1: Fall 2019

Articles

The Life of Arbitration Law Has Been Experience, Not Logic: Gorsuch, Kavanaugh, and the Federal Arbitration Act

– William F. Fox and Ylli Dautaj

 

The Need for an Independent Children’s Commissioner in Hong Kong: A Good Governance Imperative

– Katherine Lynch

 

Elder Restorative Justice

– Mary Helen McNeal and Maria Brown

 

 

Nineteenth Annual International Advocate for Peace Award

International Advocate for Peace Award Acceptance Speech

– Sir James Paul McCartney

 

Notes

The Universal Periodic Review as a Form of Alternative Dispute Resolution: Strengths & Shortcomings

– Sara Alvarez

 

Novel Adaptation to Stage and Screen: Rethinking the Contractual and Creative Process

– Jennifer Rainville McCabe

 

Is President Trump Violating the First Amendment When Blocking Citizens on Twitter?: Exploring Multi-Party Negotiation as a Way to Protect Citizens’ Rights in the Wake of the New Digital Age

– Ashley B. Mongiello

 

A Solution to The Silencing and Denial: How ADR Can Harmonize Catholic Law with the International Communities Demand to End the Sexual Victimization of Children in the Catholic Church

– Danielle Shayne Shapero

2015 International Advocate for Peace Award: Peter Paul and Mary

On February 22, 2016, the Cardozo Journal of Conflict Resolution honored Peter, Paul and Mary with the Fifteenth Annual International Advocate for Peace Award. Peter Yarrow joined the Journal for a rousing award ceremony filled with memory, love, music, and a reminder to continue fighting for peace and unity. For more about the event, click here.

 

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All in the Family: Intimate Parties, Intimate Issues and ADR

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The Cardozo Journal of Conflict Resolution is proud to present
The 2015 Jed D. Melnick Annual Symposium.

Please join us on October 19, 2015 from 9:00am to 6:00pm for an exploration of:

· Changing Laws Around Same-Sex Marriage
· The Important Role of Mediation for Same-Sex Couples
· Domestic Violence, Cultural and Religious Tensions and ADR
· Ethical and Practice Issues for Divorce Mediation Training and Service
· Access to ADR and to Justice for Families
· The Role of Children in Mediation

This year, a 7pm piano recital by Robert K. Collins will follow the Symposium, offering a classical homage to “Music of Love and Longing”.

AGENDA:

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KEYNOTE SPEAKER:

David Hoffman
(Boston Law Collaborative, LLC)

SPEAKERS AND MODERATORS INCLUDE:

Michael Broyde
(Center for the Study of Law and Religion,
Emory University)

Robert K. Collins
(Professor,
Benjamin N. Cardozo School of Law)

Herbie DiFonzo
(Professor, Maurice A. Deane School of Law at Hofstra University)

Rachel Green
(ReSolutions Mediation Services)

Joanna Grossman
(Sidney and Walter Siben Distinguished Professor of Family Law,
Maurice A. Deane School of Law at Hofstra University)

Lela Love
(Director, Kukin Program for Conflict Resolution,
Benjamin N. Cardozo School of Law)

Jody Miller
(Mediation Center of Dutchess County)

Forrest Mosten
(Mosten Mediation)

Kelly Browe Olson
(Director of Clinical Programs and Associate Professor,
University of Arkansas at Little Rock William H. Bowen School of Law)

Stacey Platt
(Associate Director, Civitas ChildLaw Clinic,
Loyola University Chicago School of Law)

Alla Roytberg
(Director, Small Law Firm Center of NYC Bar Association;
Law Firm and Mediation Practice of Alla Roytberg, P.C.)

Peter Salem
(Executive Director, Association of Family and Conciliation Courts)

Nadia Shahram
(Matrimonial Mediation Service of Buffalo, Inc.)

Jacqueline Silbermann
(Of Counsel, Blank Rome LLP;
Former Justice, Statewide Matrimonial Matters and
Supreme Court, Civil Term, New York County.)

Ed Stein
(Director, Gertrud Mainzer Program in Family Law, Policy, and Bioethics,
Benjamin N. Cardozo School of Law)

Abby Wittlin Tolchinsky
(Family Mediation, LLP)

Ellie Wertheim
(Family Mediation, LLP)

Zena Zumeta
(The Collaborative Workplace; Mediation Training & Consultation Institute;
Zena Zumeta Mediation)

To Register, Click Here

Congratulations to our 2015-16 Editorial Board and Staff on Completing Work Week!

Work Week 2015

 

After a rigorous training period, the Cardozo Journal of Conflict Resolution is proud to announce the selection of our full 2015-16 Editorial Board and Staff:

3L Editorial Board:

  • Editor-in-Chief – Lara Traum
  • Executive Editor – Suleman Malik
  • Senior Articles Editor – Alexander Shapos
  • Senior Notes Editor – Sheena Ching
  • Symposium Editor – Robert Ellis
  • Articles Editors – Amanda Glaubach, Kai-Wen (Karen) Hsieh, Rachel Klein
  • Notes Editors – Alexandra Eisig, Allison O’Brien, David Rabbani
  • Business Editor – Mary Beth Winningham
  • Associate Editors – Micah Coffee, Noelle Forde, Maria Kozak, Jessica Moody, Lauren Valli

2L Staff Members:

  • Efraim Adler
  • Rushelle Bailey
  • Carlyle Balfour
  • Isaac Baskin
  • Juliana Blieberg
  • Harrison Braun
  • Elad Bronstein
  • Zachary Carlin
  • Jae Young Cho
  • Lay Hoon (Clara) Chua
  • Angelina Dalia
  • Emily Denn
  • Priyanka Desai
  • Richard Diorio
  • Benjamin Dynkin
  • Samantha Elie
  • Justin Gindi
  • Elana Glasser
  • Melanie Goldberg
  • Lindsay Goldbrum
  • Nicole Hertzberg
  • Keli Huang
  • Joseph Kamelhar
  • Brandon Kassimir
  • Emily Katz
  • Mendy Katzman
  • Shahnewaz Khan
  • Ahuva Kohanteb
  • Kristine Koopman
  • Michael Meyers
  • Jacob Onile-Ere
  • Spencer Pearlman
  • Amanda Rosencrans
  • Brian Salazar
  • Eitan Schreier
  • Danielle Siegler
  • Danielle Singer
  • Damali Slowe
  • Stephanie Sonsino
  • Daniel Spencer
  • Robert Spiesman
  • Eric Strum
  • Markus Suazo
  • David Swiedler
  • Alice Wade
  • Rachel Walker
  • Kelsey Weiner
  • Cecile Wortman
  • Solomon Zoldan

Is Mediation a Sleeping Beauty?

Thank you to all the wonderful participants who joined us on November 5th, 2014 for the 2014 Annual Jed D. Melnick Symposium, Is Mediation a Sleeping Beauty?

If you missed the Symposium, you can read all about it here.

The event was a smashing success and has sparked some great debate.

Professor Lela Love wrote about the event and highlights from the speakers. Read the article here.

Professor John Lande wrote a response to Professor Love’s article and to our Symposium. Read the article here.

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Front Row, Left to Right: Brett Schiff, Lara Traum, Arriel Rubenstein, Hal Abramson, Lela Love, Robert Baruch Bush, Tracey Frish, James Coben, Laurel Kaufer, Paula Shulman; Back Row, Left to Right: Nancy Welsh, Jacqueline Nolan – Haley, Kimberlee Kovach, Douglas Frenkel, Giuseppe DePalo, Joseph Stulberg, Brad Heckman, Dan Weitz, Donna Erez-Navot (Not Pictured: Jim Stark, Eric Galton, Carol Liebman)

 

On an Ordinary African-American Citizen Negotiating Voting Rights and Voter Intimidation in Ohio 2012

On an Ordinary African-American Citizen Negotiating Voting Rights and Voter Intimidation in Ohio 2012

Benjamin G. Davis, Associate Professor of Law, University of Toledo College of Law

1. Introduction

I thank the Cardozo Journal for Conflict Resolution for the opportunity to present at the November 5, 2012 Symposium, “Negotiating the Extremes: Impossible Political Dialogues in the 21st Century.”  This article builds on my presentation about my experience at a voter integrity group named True the Vote meeting at its Ohio Summit on August 25, 2012 and subsequently.  As I have reflected on that experience it seemed that it might be useful to examine that experience through four lenses.  First, I tell the personal story.  Next, I reframe the experience in terms of negotiation theory with regard to difficult conversations.  In making that reframing, it did occur to me that the negotiation theory analysis I was doing might be well informed by recent work on explicit bias, implicit bias and stereotype threat that could have been a second order frame around the negotiation.  Third, given the positive and negative reactions to me in that space over that day and in subsequent events, I was drawn back again to Derrick Bell’s work on interest convergence theory.  Fourth, with these three strands operating as the ordinary citizen experiencing a kind of dissociative moment that led to a certain galvanizing of my own activity, I was brought back to the work of Francesco Alberoni’s on how movements get started and in particular a person reaches what he terms the nascent state, seeks affinity with others and movement and institution were also relevant.  Through these four lenses, I hope to assist reflection on a manner of thinking about negotiating extremes in settings of impossible political dialogue. Part II of this paper provides a version of the events that happened at the public meeting.  Part III looks at those events from the point of view of negotiation theory.  Part IV adds to the negotiation theory vision a look at the events in terms of explicit bias, implicit bias and stereotype threat theory.  Part V builds on the above to examine the events in terms of interest convergence theory.  Part VI draws on the previous parts to understand the events as generating the nascent state in Alberoni’s work.  Part VII is a summary and conclusion.

Click to read more.

President Jimmy Carter awarded Journal’s 2013 IAP Award

67085 – A-97On April 10, 2013, the Cardozo Journal of Conflict Resolution presented its 13th annual International Advocate for Peace (IAP) Award to Jimmy Carter, 39th President of the United States. In a packed Moot Court Room of 250 students, faculty, and alumni, President Carter delivered an address entitled “America as Global Mediator.” He discussed his career mediating international conflict, beginning with his time in the Oval Office and extending to his current work at the Carter Center.

Each year, the Journal gives the IAP Award to an individual with a lifetime commitment to peacemaking. That person is generally someone who embodies the principles of creative, tenacious problem-solving that Cardozo’s Program for Conflict Resolution teaches its young lawyers. The Symposium Editors and Symposium Assistants are charged with the selection of the IAP speaker, in consultation with the Executive Board (the Editor-in-Chief, Executive Editor, Senior Articles Editor and Senior Notes Editor). In recognizing the controversial nature of some of President Carter’s views on international issues and the unique sensitivity that those views pose to our University community, the Journal would like to note that the decision to invite President Carter does not reflect the views of every member of the Journal, nor of the University itself. Like all IAP awardees, President Carter was honored for his lifetime of achievements in and dedication to conflict resolution, not his opinions on any single issue.

67085 – B-59During his time in office, President Carter oversaw significant foreign policy accomplishments, including the Panama Canal treaties, the Camp David Accords, the treaty of peace between Egypt and Israel, the SALT II treaty with the Soviet Union, and the establishment of U.S. diplomatic relations with the People’s Republic of China.

After leaving office, President Carter and his Carter Center have engaged in conflict mediation in countless regions, including Ethiopia and Eritrea (1989), Bosnia (1994), the Great Lakes region of Africa (1995-96), Sudan and Uganda (1999), Venezuela (2002-2003), Nepal (2004-2008), and Ecuador and Colombia (2008). The Carter Center also works to ensure consistency and reliability of democratic decision-making through its election monitoring programs. Those programs have overseen 94 elections in 37 countries. His other humanitarian achievements include pioneering new public health approaches to controlling devastating diseases in Africa and Latin America; leading a coalition that has reduced incidence of Guinea worm disease from an estimated 3.5 million cases in 1986 to fewer than 1,100 today; and shining light on human rights abuses in countries around the world.

67085 – C-20President Carter’s post-presidential peace-building efforts were recognized in 2002 when he was awarded the Nobel Prize “for his decades of untiring effort to find peaceful solutions to international conflicts, to advance democracy and human rights, and to promote economic and social development.” He is the only American president to receive the Nobel Prize for work done primarily after his time in office.

Previous winners of the Journal of Conflict Resolution’s IAP Award have included President Bill Clinton, Ambassador Richard Holbrooke, Senator George Mitchell, Archbishop Desmond Tutu, Ambassador Dennis Ross, economist Jeffrey Sachs, General Amira Dotan, and playwright Eve Ensler.

Annual Dispute Resolution Symposium, 11/5

You’re invited! On Monday, 11/5, Cardozo Law School’s Journal of Conflict Resolution will present its Annual Symposium entitled “Negotiating the Extremes: Impossible Political Dialogues in the 21st Century.” Despite the weather, we are moving full-steam ahead with this thought-provoking look into the intersection of ADR and polarized politics — all on the day before the 2012 election. The event is open to the public. Fabulous food and cutting-edge debate in election law, civil discourse, and the state of democratic dialogue.

Note that the event offers 1.5 CLE credits per panel. All events are in the Lobby and Moot Court Room:

CLE Articles for Attendees

International Dispute Resolution Article

HOD Resolution Civility Article

Election Law Article (Josh Douglas)

Amicus brief Supreme Court (Ben Davis)

Schedule of Events 

Breakfast and Check-in: 9:00 – 9:30 a.m.

Opening Statements: 9:30 – 10:00 a.m.

Brian Farkas, Editor-in-Chief, Cardozo Journal of Conflict Resolution.

Dean Matthew Diller, Dean, Cardozo School of Law.

Professor Lela Love, Director, Kukin Program for Conflict Resolution, Cardozo School of Law.

 

Panel I: 10:00-11:30 a.m.  Practical Examples of Promoting Civil Discourse

This panel will discuss examples from the United States and abroad of implementing ADR processes to promote public discourse. Panelists will explore approaches used to successfully resolve the most polarizing political debates.

Brad Heckman, (Moderator) Chief Executive Officer, The New York Peace Institute.

Ben Davis, Associate Professor, The University of Toledo, College of Law.

C.T. Butler, Author and Mediator. 

Lunch and Mingling in Lobby: 11:45-12:45 p.m.

 

Panel II: 1:00-2:30 p.m.  Civil Discourse: the Israel/Palestine Conflict

This panel will discuss the landscape of the Israeli/Palestinian conflict and focus on the use of ADR processes for facilitating conversation and useful political dialogue.

Moderator: Lela Love, Director, Kukin Program for Conflict Resolution, Cardozo School of Law.

Panelists:

David Matz, Professor, University of Massachusetts-Boston.

Muli Peleg, Visiting Scholar, Columbia University.

Michael Tsur, Adjunct Professor, Hebrew University, Hamline University and Cardozo School of Law.

 

Panel III: 2:45-4:15p.m.  Civil Discourse: the United States

In 1860, on the eve of the Civil War, President James Buchanan famously praised the “noise of democracy.” In 2012, our democracy has never been noisier. This panel will examine issues of civil discourse and decision-making in America in light of the current polarized political environment.

Moderator: Richard Reuben, Professor, University of Missouri Law School.

Panelists:

Susan Podziba, Public Policy Mediator.

Joel Gora, Professor, Brooklyn Law School.

Howard Bellman, University of Wisconsin Law School/Marquette University Graduate Program in Dispute Resolution.

Joshua Douglas, Assistant Professor, University of Kentucky College of Law

 

Keynote Speaker & Closing Remarks: 4:30-5:30 p.m.

Speaker: Jo Berry, Founder, Building Bridges for Peace

Closing: Brian Farkas, Editor-in-Chief, Cardozo Journal of Conflict Resolution

Reception: 5:30-6:30 p.m., Law School Lobby

To register, visit http://goo.gl/bHU7u.

Questions? Contact Brian Farkas at brian.farkas@law.cardozo.yu.edu.