Dispute Resolution and Arbitration Commons^™

Emerging Stronger: How Uae’S Arbitration System Adapts To Post-Covid International Norms, Jacob Horowitz

Cardozo Journal of Conflict Resolution (CJCR) Blog

On September 29th, 2023, the United Arab Emirates (“UAE”) published Federal Law No. 15 of 2023 (“Amendment Law”). This law effectively amended Federal Law No. 6 of 2018 On Arbitration (“Arbitration Law”) in a manner that demonstrated the country’s aim to further improve and modernize its arbitration system. Although the Amendment law consisted of numerous changes to UAE’s arbitration system, the most significant was its permittance of modern electronic technologies. In other words, the UAE now allows arbitration hearings to be conducted through technological platforms such as Zoom. This change reflects the post-COVID-19 pandemic trend of preference of virtual hearings …

Strength In Numbers: Negotiating To Mitigate Disputes Between Musicians And Digital Service Providers, Ryan Ashe

Cardozo Journal of Conflict Resolution (CJCR) Blog

The music industry landscape was forever changed when it implemented the streaming model. While digital service providers (“DSP”) like Spotify or Apple Music essentially saved the industry from music piracy, the royalty distribution method of these companies has been a major disappointment for songwriters and musicians. Despite providing consistent revenue, most of the revenue earned by DSPs is not shared with musicians. For instance, Spotify retains 30% of every dollar it generates, paying the remaining 70% back to rightsholders as royalties, with 55% of revenue towards record labels and 15% to publishing companies. Despite songwriters and recording artists’ significant contributions …

Aureliano Buendia And President Gustavo Petro: The Impact Of A Dual-Sided Stakeholder And Leader On The Colombian Peace Accords, Samantha Sanchez

Cardozo Journal of Conflict Resolution (CJCR) Blog

Colombia has endured a nearly 60-year-long internal conflict between paramilitary groups, and allegedly its own military, costing the lives of countless civilians and setting the country’s post-colonial development back decades. Former Colombian President Juan Manuel Santos was awarded the Nobel Peace Prize for mediating a four-year-long deal with paramilitary groups that terrorized–mainly rural and indigent–neighborhoods for decades. However, many critics thought the award was premature, considering the nearly half a million deaths as a result and the impunity of human-rights offenders. Current struggles in the country prove that those critics may have been likely right.

This post was originally published …

Judge Capell’S Tiktok: A Model To Empower The Public To Be Their Own Conflict Negotiators, Marielle Burnett

Cardozo Journal of Conflict Resolution (CJCR) Blog

What if social media platforms were leveraged to empower interested users to resolve their own conflicts without litigation? This is a question that Brooklyn Civil Court Judge Heela Capell is exploring through several online platforms, most notably TikTok.

This post was originally published on the Cardozo Journal of Conflict Resolution website on November 2, 2023. The original post can be accessed via the Archived Link button above.

How Can The Internal Revenue Service Improve Its Alternative Dispute Resolution Programs To Deliver Better Benefits?, Armando Gonzalez

Cardozo Journal of Conflict Resolution (CJCR) Blog

Most individuals and businesses file their tax return(s) and forget about the Internal Revenue Service (“IRS”) until it’s time to repeat the process the following year. However, sometimes disputes may arise “when a taxpayer fails to agree with an IRS finding, refuses to file a tax return, or refuses to comply with an IRS request for information.” To address some of these disputes, the IRS offers six alternative dispute resolution (“ADR”) programs through its Independent Office of Appeals, where mediation is leveraged to avoid costly litigation and lengthy appeals.

This post was originally published on the Cardozo Journal of Conflict …

Closing Remarks & Thanks

Cardozo Journal of Conflict Resolution: Melnick Annual Symposia

No abstract provided.

Problem-Solving Courts, Andrea K. Schneider, Tali Gal, Hadar Dancig-Rosenberg, Alma Magaña, Michael O'Hear, Amanda Berman, Erin Collins, Emmanuel Arnaud, Kathryn E. Miller, Kay Levine

Cardozo Journal of Conflict Resolution: Melnick Annual Symposia

1. Success Stories in Community Courts: Listening to Participant Voices

Moderator: Andrea Schneider

Presenters: Tali Gal, Hadar Dancig-Rosenberg

Commenters: Alma Magana, Michael O'Hear, Amanda Berman

2. Beyond Problem Solving Courts

Moderator: Andrea Schneider

Presenter: Erin Collins

Commenters: Emmanuel Arnaud, Kathryn Miller, Kay Levine

You can view the video recording by clicking here.

Keynote Address, Courtney Bryan

Cardozo Journal of Conflict Resolution: Melnick Annual Symposia

You can view the video recording by clicking here.

Innovations In Plea Bargaining Ii, Jonathan Oberman, Cynthia Alkon, Amy Schmitz, Elayne Greenberg, Erin Collins, Alma Magaña

Cardozo Journal of Conflict Resolution: Melnick Annual Symposia

Opening the Virtual Window: How On-Line Processes Could Increase Access to Justice in the Criminal Legal System

Moderator: Jonathan Oberman

Presenters: Cynthia Alkon, Amy Schmitz

Commenters: Elayne Greenberg, Erin Collins, Alma Magana

You can view the video recording by clicking here.

Innovations In Plea Bargaining, Jessica A. Roth, Kay Levine, Ron Wright, Kathryn E. Miller, Justin Murray, Kyron J. Huigens, Amy Schmitz, Michael O’Hear, Bennett Capers

Cardozo Journal of Conflict Resolution: Melnick Annual Symposia

1. Prosecutor Initiated Review of Sentences

Moderator: Jessica Roth

Presenters: Kay Levine and Ron Wright

Commenters: Kathryn Miller, Justin Murray, Kyron Huigens, Amy Schmitz

2. Lessons from Plea Bargaining in Homicide Cases

Moderator: Jessica Roth

Presenter: Michael O'Hear

Commenters: Ron Wright, Bennett Capers, Kyron Huigens

You can view the video recording by clicking here.

Welcome & Introduction, Daniel Kim, Andrea K. Schneider

Cardozo Journal of Conflict Resolution: Melnick Annual Symposia

No abstract provided.

Registration/Breakfast

Cardozo Journal of Conflict Resolution: Melnick Annual Symposia

No abstract provided.

The Future Of The Criminal Legal System: How Should A Multidoor Criminal Courthouse Operate?, Cardozo Journal Of Conflict Resolution

2023–2024 Flyers

Join the Cardozo Journal of Conflict Resolution on October 27, 2023, from 8:30 am - 4:00 pm EST for the annual Melnick Symposium. Held in the Cardozo Lobby and Moot Court Room, this year's theme is "The Future of the Criminal Legal System: How Should a Multidoor Criminal Courthouse Operate?" The symposium will explore criminal legal reform, the integration of restorative justice, problem-solving courts, diversion, bail reform, and plea bargaining, along with the roles of judges, prosecutors, defense attorneys, and the public. Papers will address effective system design and problem-solving for all stakeholders.

Black Excellence In The Spotlight: Legal Insights For Talent Representation, Cardozo Black Law Students Association, Cardozo Dispute Resolution Society, Cardozo Entertainment Law Society, Cardozo Sports Law Society, Cardozo Fame Center

2023 Event Invitations

Join the Black Law Students Association, Dispute Resolution Society, Entertainment Law Society, Sports Law Society and The FAME Center for a discussion from agents and attorneys on strategies for negotiating fair deals on behalf of Black athletes and entertainers. The discussion will cover talent representation and alternative dispute resolution.

Black Excellence In The Spotlight: Legal Insights For Talent Representation, Cardozo Black Law Students Association, Cardozo Dispute Resolution Society, Cardozo Entertainment Law Society, Cardozo Sports Law Society, Cardozo Fame Center

2023–2024 Flyers

No abstract provided.

The Kukin Program For Conflict Resolution Invites You To: All Things Adr, Kukin Program For Conflict Resolution

2023–2024 Flyers

No abstract provided.

The Kukin Program For Conflict Resolution Invites You To: All Things Adr, Kukin Program For Conflict Resolution

2023 Event Invitations

Please join Kukin Program for Conflict Resolution for All Things ADR, to learn about Cardozo's Alternative Dispute Resolution activities and societies.

Kukin Program Newsletter – Fall 2023, Kukin Program For Conflict Resolution

Kukin Program Newsletters

The Kukin Program Newsletter – Fall 2023 highlights key developments, events, and achievements within Cardozo Law’s Kukin Program for Conflict Resolution. The newsletter covers updates such as the launch of the Cardozo Invitational Negotiation in Entertainment, Media, and Art, and Gloria Steinem's recognition with the International Advocate for Peace Award. It also announces new courses, including The Law of Settlement and International Peacebuilding: Israel, and welcomes new adjunct faculty. Additionally, students and alumni achievements are featured, such as awards, fellowships, and new roles in conflict resolution and mediation. Notably, the newsletter shares information on restorative justice initiatives and diversity …

Cardozo Arbitration Day, Cardozo Dispute Resolution Society, Kukin Program For Conflict Resolution

2023–2024 Flyers

No abstract provided.

Arbitration Day, Cardozo Dispute Resolution Society, Kukin Program For Conflict Resolution

2023 Event Invitations

Join the Cardozo Dispute Resolution Society and the Kukin Program for Conflict Resolution for a “Pathways to Arbitration” panel discussion featuring Jeffrey T. Zaino, Betsy Hellmann, Charles Moxley and Luis Martinez.

The discussion will include an introduction to the arbitration process, career pathways into arbitration and current issues in dispute resolution. The evening will conclude with a networking reception with Cardozo alumni who work in arbitration.

Cjcr Publishes Volume 24, Issue 3 (Symposium 2022), Halle Jaffe

Cardozo Journal of Conflict Resolution (CJCR) Blog

The Cardozo Journal of Conflict Resolution—the country’s preeminent legal journal of arbitration, negotiation, mediation, settlement, and restorative justice— published the web edition of Volume 24, Issue 3 (Symposium 2022). The print edition of the issue has also been released.

This post was originally published on the Cardozo Journal of Conflict Resolution website on September 8, 2023. The original post can be accessed via the Archived Link button above.

Demystifying The Elusive Quest For Cyber Insurance Protection: The Need For New Contract Language, Deborah L. Johnson

Cardozo Law Review

Cyberattacks and electronic data breaches are on the rise, and the costs associated with those breaches can be astronomical. In response, the insurance industry has created a specialty market for cyber coverage. However, despite the number of cyber insurance policies currently offered on the market, insurers frequently deny claims for cyber coverage under both these specialty and traditional policies.

Examining the evolution of cyberattacks, data breaches, and the massive harm they can cause to businesses, this Article explores the legal and market obstacles to obtaining adequate cyber insurance coverage and offers potential solutions to policyholders and insurers to satisfy this …

Cjcr Publishes Volume 24, Issue 2 (Spring 2023), Halle Jaffe

Cardozo Journal of Conflict Resolution (CJCR) Blog

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 24, Issue 2 (Spring 2023). The print edition of the issue has also been released.

This post was originally published on the Cardozo Journal of Conflict Resolution website on May 10, 2023. The original post can be accessed via the Archived Link button above.

Why The Political Peace Process Failed Between The Afghanistan Central Government And The Taliban And How Using Negotiation Could Help Resolve The Conflict, Ross Herman

Cardozo Journal of Conflict Resolution (CJCR) Blog

The central government of Afghanistan and the Taliban reached a deadly stalemate, taking around one hundred lives a day from each side between 2018 and 2021. Their failure to reach a peace agreement may be due to the United States’ involvement and conflicting interests between the different Afghan groups.

This post was originally published on the Cardozo Journal of Conflict Resolution website on May 7, 2023. The original post can be accessed via the Archived Link button above.

California’S Proposed Ban On Mandatory Arbitration Agreements As A Condition Of Employment, Samuel Silverman

Cardozo Journal of Conflict Resolution (CJCR) Blog

California is casting uncertainty on the employer’s ability to implement mandatory arbitration agreements on employees. In October 2019, Governor Newson signed Assembly Bill No. 51, which would apply to employment contracts entered, modified, or extended on or after January 1, 2020. This bill created Labor Code Section 432.6, banning mandatory arbitration agreements as a condition of employment in California. This would work around the Federal Arbitration Act, which requires courts to enforce arbitration agreements, preempting the state laws that stood in its way. Critics argue that the process favors employers and discourages prospective employees from bringing legal claims. On the …

To Zoom Or Not To Zoom?: Mediators’ Perspectives On Virtual Mediation, Penina Gershbaum

Cardozo Journal of Conflict Resolution (CJCR) Blog

In mediation, conflicting parties meet with a mediator, a neutral party, to help them resolve their dispute. Mediations have traditionally been conducted in person, due to the importance of nonverbal communication in the mediation process. During Covid-19, however, states issued stay-at-home orders to prevent the spread of the virus. This mandate led to mediations conducted virtually through the use of videoconferencing platforms like Zoom. I interviewed ten mediators who mediate across different areas of law to hear their thoughts on the differences between mediating virtually and in person, difficulties with mediating virtually, and if they will return to in person …

Mlb’S Salary Arbitration: Future Prospects For A Historic Adr Model, Eliott Dosetareh

Cardozo Journal of Conflict Resolution (CJCR) Blog

As the oldest major professional sports league in the country, the MLB’s record of salary arbitration has its roots in over 150 years of baseball history. The first Collective Bargaining Agreement or “CBA” was signed by the players union and owners in the early 1970s, creating a process for salary arbitration in which players not yet eligible for free agency would be compensated based upon their seasonal performances.

This post was originally published on the Cardozo Journal of Conflict Resolution website on April 30, 2023. The original post can be accessed via the Archived Link button above.

Mediation In The Metaverse: The Future Of Online Dispute Resolution?, Miranda Sapoznik

Cardozo Journal of Conflict Resolution (CJCR) Blog

The technological revolution was propelled following the inception of the COVID-19 pandemic. The wide-spread disruption of everyday functioning highlighted the need for virtual means of connection, consequentially altering communication norms across almost all arenas. Justice systems across the globe were no exception to this shift, as online dispute resolution ("ODR”) became a necessary mechanism to address legal conflicts. As ODR became the new normal in alternative dispute resolution (“ADR”), various digital platforms developed to accommodate the growing need.

This post was originally published on the Cardozo Journal of Conflict Resolution website on April 29, 2023. The original post can be …

Analyzing Brittney Griner’S Detention And Release, Zachary Knoop

Cardozo Journal of Conflict Resolution (CJCR) Blog

Editor’s Note: The following article has two parts. The first part was written prior to the prisoner swap that brought Britney Griner back to America. The second part was added by the author after the swap.

This post was originally published on the Cardozo Journal of Conflict Resolution website on April 29, 2023. The original post can be accessed via the Archived Link button above.

How Nike’S Trademark Infringement Lawsuit Against Kool Kiy & Omi May Benefit From China’S Wuhan Intermediate People’S Court’S Approach To Mediation, Daniel Hyungtae Kim

Cardozo Journal of Conflict Resolution (CJCR) Blog

In November 2022, Nike filed a trademark infringement lawsuit against Kool Kiy, Omi, and China-based manufacturer Xiamen Wandering Planet, garnering nationwide media attention. Particularly, Wandering Planet was accused of playing an integral role in the infringement by providing the sources to produce knockoff sneakers using Nike’s registered Air Jordan 1 and Dunk trade dress for Kiy and Omi. The manufacturer allegedly “knowingly participate[d] in a scheme to intentionally create confusion in the market place and capitalize on it.” Indeed, some confused consumers could not tell the difference between Kool Kiy’s products and Jordan’s. Nike’s staunch commitment to proceeding with litigation …