CJCR Publishes Volume 23, Issue 2 (Summer 2022)
Second of three issues to be published in 2022 is now available online; print edition to be released May 31.
Top row, left to right: Claude Amar, Véronique Fraser, Cécile Maitre-Ferri
Middle row, left to right: Michelle LeBaron, Maged Senbel
Bottom row, left to right: Elan Kirshenbaum, Isaac Altman, Alexandra Sandler, Brendan William Potocki
The Cardozo Journal of Conflict Resolution—the country’s preeminent legal journal of arbitration, negotiation, mediation, settlement, and restorative justice—today published the web edition of Volume 23, Issue 2 (Summer 2022). The print edition of the issue is set to be released May 31.
Accessible at https://www.cardozojcr.com/volume-232-summer-2022, this issue contains Articles by Claude Amar, Véronique Fraser, & Cécile Maitre-Ferri; and Michelle LeBaron & Maged Senbel, as well as Notes by Elan Kirshenbaum, Isaac Altman, Alexandra Sandler, and Brendan William Potocki. A PDF version of the full issue can be downloaded by clicking here.
Michelle LeBaron is a Professor of Law and Dispute Resolution at the Peter A. Allard School of Law at the University of British Columbia, Canada. Maged Senbel is an Associate Professor at the School of Community and Regional Planning at the University of British Columbia, Canada. Their Article, “Conflicts With Religious or Worldview Dimensions: Why They Matter and How to Engage Them,” explores why creative approaches to conflicts with religious or worldview dimensions are the best-suited methods to resolving those conflicts. The Article also discusses the implications for theory and practice of experiential, arts-based approaches in worldview conflict analysis and intervention.
Claude Amar is a founding partner of Mediation & Resolution, as well as a certified mediator with IMI, IFCM, and SIMI. He has been accredited by several French Courts of Appeal, as well as international mediation centers in France, Hong Kong, Singapore, Japan, Indonesia, and the United States. Moreover, Claude is a member of the Board of Governors and a Distinguished Fellow of the International Academy of Mediators, the President of the Académie de la Mediation, an International Mediation Institute Standards Commission member, the President of IFCM (Institut Français de Certification des Médiateurs), and a member of the Working Group of the ICC International Mediation Competition. Véronique Fraser is an Associate Professor at the Faculty of Law of the University of Sherbrooke (Canada), and she most recently held the position of Vice-Dean delegated for Strategic Development between 2020 and 2022. She teaches in the master’s degree program in Dispute Prevention and Resolution. She is the President of the Institute for Negotiation Innovation and sits on the Executive Committee of the International Task Force on Mixed Dispute Resolution. Cécile Maitre-Ferri is a CEDR accredited mediator who has co-mediated in dozens of commercial cases. She specializes in family business mediation and speaks English, French, Mandarin, Danish, and Spanish. Their Article, “The Guaranteed Resolution on Effective and Adapted Terms (The GREAT Process): A New Hybrid Dispute Resolution Process for Guaranteeing a Solution and Resolving Disputes Efficiently,” proposes a new dispute resolution process that aims to combine the benefits of mediation with the binding force of arbitration. The GREAT Process is designed to have the capacity to evolve according to the progress already reached by the parties in the non-binding phases—such as mediation—within an adjustable process with an optimal efficiency.
Elan Kirshenbaum is a graduating 3L student at Cardozo School of Law. Over the 2021–2022 academic year, Elan served as Executive Editor for Volume 23 of the Cardozo Journal of Conflict Resolution. The prior year, Elan served as a Staff Editor for Volume 22 of the Journal. His Note, “Twenty Yards From the End Zone: ADR, and the Potential for Greater Levels of Gender Equality in Professional Sports Employment,” highlights the specific instances of gender-based employment discrimination in professional sports, and then considers how ADR provides the best avenue to address and correct these imbalances. The Note analyzes the benefits and drawbacks of ADR and litigation, and then applies this analysis to the discussion of the gender gap in professional sports employment. The Note also profiles several women who have found success across the professional sports leagues, showing that women are just as capable of excelling in this industry as men—if only given the opportunity.
Isaac Altman is a graduating 3L student at Cardozo School of Law. Over the 2021–2022 academic year, Isaac served as a Notes Editor for Volume 23 of the Cardozo Journal of Conflict Resolution. The prior year, Isaac served as a Staff Editor for Volume 22 of the Journal. His Note, “Religious Mediation as a Tool to Resolve Disputes Between Religious Universities and Their LGBT Students,” proposes religious mediation as a means of creating agreements between LGBT students and religious universities that will validate the needs of both groups. The Note discusses the relationship between LGBT people and various religious strains, groups, and organizations, and then explores reactions that religious institutions and leaders have had to LGBT rights, as well as their motivations to engage in religious mediation. The Note also examines the LGBT students themselves, in terms of their experiences, activism, and motivations to mediate, and then provides contrasting case studies to show the advantages of mediation over litigation.
Alexandra Sandler is a graduating 3L student at Cardozo School of Law. Over the 2021–2022 academic year, Alexandra served as Symposium Editor for Volume 23 of the Cardozo Journal of Conflict Resolution. The prior year, Alexandra served as a Staff Editor for Volume 22 of the Journal. Her Note, “Making Sex Work Safe: Using a Consensus-Based Approach to Create Meaningful Policy for Sex Workers,” discusses why existing laws and policies have been harmful to sex workers, and proposes a consensus-based approach to address these issues. The Note also breaks down the arguments made by people and organizations on both sides of the debate around sex work policy, and then explores why negotiated rulemaking—instead of criminalization—is the best approach to pursue, as related to sex workers.
Brendan William Potocki graduated Cardozo School of Law in 2021. Over the 2020–2021 academic year, Brendan served as a Staff Editor for Volume 22 of the Journal. His Note, “Smoke Without Fire: Employing Mediation to Create Workplace Accommodations for Medical Cannabis Use by Disabled Armed Forces Veterans,” conducts a comprehensive analysis of the complex legal frameworks governing the intersection of medical cannabis consumption and employment discrimination, and then propose a unique solution—predicated upon mediation—that is aimed at correcting the grave injustices that are currently being done to our most vulnerable and venerable community: disabled Armed Forces veterans. The Note provides an analysis of the employment discrimination issues with which disabled armed service veterans must contend and identifies how ADR—specifically mediation—offers a potentially paradigm-shifting solution.
The Executive Board of the Journal would like to extend its deepest gratitude to each and every Staff Editor and Editorial Board member who worked so diligently on editing the Articles and Notes for this issue.
