Dispute Resolution and Arbitration Commons^™

Carrie Menkel-Meadow: Dispute Resolution In A Feminist Voice, Andrea K. Schneider

Articles

The presence of women in the law has changed the law’s substance, practice, and process. Carrie Menkel-Meadow, whose scholarship centers on this theme, is one such revolutionary woman.

Professor Menkel-Meadow, who I am proud to call my colleague, co-author, and friend (hereinafter referred to as Carrie), began her career in 1977 with a series of simple questions that sparked a breathtaking body of work. Carrie probed the depth of male domination in the realm of law and wondered what changes female representation might engender. In particular, she focused her inquiry on the value orientation each respective gender might bring to …

Expanding The Idea To Mitigate Disproportionality Of English Language Learners In Special Education, Hannah R. Kramer

Cardozo Journal of Equal Rights & Social Justice

The note addresses the disproportionate representation of English Language Learners (ELLs) in special education, arguing that the Individuals with Disabilities Education Act (IDEA) is insufficient in addressing their unique linguistic and cultural needs. It advocates for reforms to the IDEA, including enhanced pre-evaluation screening, culturally sensitive assessments, and an expanded definition of the Least Restrictive Environment (LRE) to ensure ELLs receive appropriate educational support without misclassification.

The End Of Forced Arbitration Of Sexual Violence And The Uncertain Future, Heidi M. S. Sandomir

Cardozo Journal of Equal Rights & Social Justice

The note argues that forced arbitration clauses in employment contracts systematically deny justice to survivors of workplace sexual violence by shielding employers from accountability and limiting legal recourse. While the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) represents a step forward by invalidating predispute arbitration agreements for sexual assault and harassment claims, it falls short of fully addressing the issue due to gaps in retroactive application, inconsistent court interpretations, and lack of alignment with Title VII. The note calls for broader legislative reforms to eliminate forced arbitration in all discrimination cases and ensure survivors' access to …

Automating Discrimination: Ai Hiring Practices And Gender Inequality, Lori Andrews, Hannah Bucher

Cardozo Law Review

No abstract provided.

The Amazing Carrie Menkel-Meadow And What Wins When Passions Collide, Lela Love

Articles

Carrie Menkel-Meadow (sometimes referred to as “Carrie” herein) is famous in the dispute resolution world as one of the field’s founders. Her prolific writing on dispute resolution—negotiation, mediation, arbitration, and the variants of these major processes—evidences an unrivaled passion for the subject. A renaissance thinker, her intellectual explorations also extend to other areas such as women’s rights and restorative justice for victims of egregious wrongs.

Her multiple passions sometimes create dynamic tensions. For example, what happens if mediation norms threaten a woman’s rights? Or if mediators divert the focus of a dispute resolution process to the future, neglecting a horrific …

The Death And Resurrection Of Dialogue, Cardozo Journal Of Conflict Resolution

2021–2022 Flyers

On Friday, March 11, 2022, the Cardozo Journal of Conflict Resolution hosted the Melnick Annual Symposium on “The Death and Resurrection of Dialogue.”

This Symposium examined the potential of the news media to develop public discourse and prevent conflict, the importance of dialogue and civic engagement in community building, methods to bridge inequalities in communities and in mediation, and the effect of virtual and caucus-only mediation on conflict resolution.

The Journal also presented the twenty-first annual International Advocate for Peace Award to William Ury, co-founder of Harvard’s Program on Negotiation and one of the world’s leading experts on negotiation and …

Twenty-First Annual International Advocate For Peace Award, Honoring William Ury, Samuel Ditchek, Alexandra Sandler, William Ury

Cardozo Journal of Conflict Resolution

On March 11, 2022, the Cardozo Journal of Conflict Resolution presented the twenty-first annual International Advocate for Peace Award to William Ury. The following is a transcript of the event's speeches.

Proposed Guidelines For Arbitral Disclosure Of Social Media Activity, Mitch Zamoff, Leslie Bellwood

Cardozo Journal of Conflict Resolution

The statutes and rules governing the disclosures of conflicts of interest by arbitrators, which failed to provide much clarity even prior to the advent of social media, do not provide any concrete guidance about the disclosure of an arbitrator's social media connections with the arbitration participants. The absence of clear, consistent standards governing social media disclosures is problematic for both arbitrators and the parties who select and appear before them. This problem will only get worse as arbitrators make increasing use of social media for personal and professional purposes, and as challenges to arbitration awards based on inadequate disclosure of …

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 23 (2022)

Cardozo Journal of Conflict Resolution

No abstract provided.

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 23, Iss. 1

Cardozo Journal of Conflict Resolution

No abstract provided.

The Impending Battle For The Soul Of Odr: Evolving Technologies And Ethical Factors Influencing The Field, Oladeji M. Tiamiyu

Cardozo Journal of Conflict Resolution

Legal professionals and disputants are increasingly recognizing the value of online dispute resolution ("ODR"). While the coronavirus pandemic forced many to resolve disputes exclusively online, potentially resulting in long-term changed preferences for different stakeholders, the pre-pandemic trend has involved a dramatic increase in technological tools that can be used for resolving disputes, particularly with facilitative technologies, artificial intelligence, and blockchains. Though this has the added benefit of increasing optionality in the dispute resolution process, these novel technologies come with their own limitations and also raise challenging ethical considerations for how ODR should be designed and implemented. In considering whether the …

What Happens Before The First Mediation Session? An Empirical Study Of Pre-Session Communications, Roselle L. Wissler, Art Hinshaw

Cardozo Journal of Conflict Resolution

Mediator, lawyer, and party preparation in advance of the first formal mediation session is widely seen as important for the effectiveness of the mediation. Communications between the mediator and the mediation participants before the first mediation session, along with the submission of case information and documents to the mediator, are two primary means of information exchange to aid preparation. Few studies have looked at what occurs during these early stages, despite their centrality to mediation. The present Article reports the findings of a study of more than 1,000 mediators in different mediation settings and dispute types across eight states that …

Ransomware Warfare: Exploring Global And Private Negotiations To Help U.S. Victims Respond To The Threat, Karina Nad

Cardozo Journal of Conflict Resolution

By weaponizing technology, now more than ever before, cybercriminals are transforming the cyberworld into their new hunting ground. Almost daily, news headlines alert us to a new malicious cyber threat or major data breach. The evolution of cybercrime has created a malicious online environment, or "malspace," that is now inhabited by hacker groups and espionage units from all over the world. As a global concern, the use of powerful online capabilities by hacker groups has led to the "militarization" of cyberspace. Closer to home, critical infrastructure, valuable personal data, and access to medical care has been compromised at alarming rates …

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 23, Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.

Conflicts With Religious Or Worldview Dimensions: Why They Matter And How To Engage Them, Michelle Lebaron, Maged Senbel

Cardozo Journal of Conflict Resolution

This Article discusses conflicts with religious or worldview dimensions, and why creative approaches are uniquely suited to intervening in them. Conflicts centered around identity, cosmology, and other aspects of worldviews need tools that reach beyond presenting logic and traditional conflict intervention approaches to parties' "grammars of being." "Grammars of being" refer to structural ideas and values below the surface of conscious awareness that influence beliefs, opinions, and actions, just as grammar organizes written or spoken language. Arts-based strategies are promising because they offer aesthetic, embodied pathways that are often missed in more traditional interventions. Case examples drawn from our and …

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, Claude Amar, Vironique Fraser, Cecile Maitre-Ferri

Cardozo Journal of Conflict Resolution

Over the past twenty years, innovative dispute resolution processes have emerged from practitioners who aimed to tailor them to the parties' process needs. Some of the most widely known processes include med-arb, arb-med, co-mediation with an evaluative and a non-evaluative mediator, baseball arbitration, last offer arbitration, and sealed-arbitration. The list and possible combinations are infinite, when one starts combining processes. However, such spontaneity and adaptivity sometimes result in harmful consequences. In the past, arbitral awards in numerous jurisdictions were refused to be honored on the basis that the process had infringed on fundamental procedural guarantees. For that reason, it is …

Twenty Yards From The End Zone: Adr, And The Potential For Greater Levels Of Gender Equality In Professional Sports Employment, Elan Kirshenbaum

Cardozo Journal of Conflict Resolution

This Note will highlight the specific instances of gender-based employment discrimination in professional sports and then consider how alternative dispute resolution (“ADR”) provides the best avenue to address and correct these imbalances. In particular, this Note will analyze the benefits and drawbacks of ADR and litigation, while simultaneously applying this analysis to the discussion of the gender gap in professional sports employment. Part II will outline several examples of this discrimination, while also briefly detailing the general hiring and wage gaps that exist between men and women. In doing so, this section will examine the hiring practices of three of …

Religious Mediation As A Tool To Resolve Disputes Between Religious Universities And Their Lgbt Students, Isaac Altman

Cardozo Journal of Conflict Resolution

Though the LGBT (Lesbian, Gay, Bisexual, and Transgender) rights movement has made immense strides in recent years, there are many people who have been left behind in the sprint towards LGBT equality. Some of those are students or prospective students at religious schools, who can face discriminatory attitudes or be rejected outright by these institutions. While religiosity is generally associated with positive mental health outcomes, research shows that LGBT people who experience religious identity conflict are at significant risk of suicide. Religious institutions, for their part, are scrambling to adjust to the new reality in which their positions on LGBT …

Making Sex Work Safe: Using A Consensus-Based Approach To Create Meaningful Policy For Sex Workers, Alexandra Sandler

Cardozo Journal of Conflict Resolution

Sex work has been described as the world's oldest profession, yet it has remained nearly unchanged in the U.S., largely due to the conflation between sex work and sex trafficking. The term "sex worker" refers to a person who willingly works in the industry to make a living. Sex trafficking, though, is a form of modern-day slavery, in which an individual performs commercial sex as a result of force, fraud, or coercion. The conflation of sex work and sex trafficking in the U.S. has resulted in oppressive policies that undermine the rights and safety of sex workers. With the exception …

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 23, Iss. 3

Cardozo Journal of Conflict Resolution

No abstract provided.

The "End" Of Neutrality: Tumultuous Times Require A Deeper Value, Carol Pauli

Cardozo Journal of Conflict Resolution

American political talk has grown so fragmented and polarized that some observers say that "[w]e are no longer in any 'public conversation." Accusations of "fake news" are followed by disheartening discoveries that providing people with accurate information may only serve to further entrench their erroneous beliefs. One longtime journalism professor worries aloud that "what's at risk is the idea of a public that is even 'inform-able."' Putting the problem in terms familiar to mediation, can we get the parties back to the table? This essay will focus on journalists, whose ideal has been to maintain a neutral position from which …

Hospitality At The Center Of Dispute Resolution, Peter Block

Cardozo Journal of Conflict Resolution

My intent here is to amplify and give voice to the transformative importance of the work described in three of the Articles being published in this edition of the Cardozo Journal of Conflict Resolution. The Articles discuss restorative answers to this culture's dominant narrative of retribution. Each of these social innovations represents a form of hospitality, which is akin to the welcoming of strangers. The Articles form a strategy, in alliance with the alternative dispute resolution movement and addressing the violence against the self and others, which forms the headlines of our daily news consumption.

Every Reasonable Chance Plus Two: How The Red Hook Community Justice Center Bridges The Gap Between The Community And The Justice System, Se Won Park

Cardozo Journal of Conflict Resolution

The following is excerpted from an article published by Fordham Law News:

Standing before Judge Calabrese is Sean Johnson (his name has been changed to protect his privacy). Over the years he has been in and out of Rikers Island and has been arrested multiple times, most recently for shoplifting.

Today, Johnson has come before Judge Calabrese not for arraignment or sentencing but to do his part to solve some of the problems that have kept him cycling in and out of prison. On this afternoon, he has tested drug-free after months of counseling and treatment.

"Mr. Johnson," Judge Calabrese …

From Conflict To Co-Creation Three Powerful Stories Of Transformational Change, Payton Silket, Cheryl L. Epps

Cardozo Journal of Conflict Resolution

In our communities today, too often, the end goal of dialogue is to develop methods that allow people to coexist, but this is not enough. If left at that, our society will increasingly become more segmented and stratified, where groups of people are able to reside in the same vicinity but only interact when absolutely necessary or safe. This is no way to live, and, in fact, it is a recipe for polarization and the eventual death of dialogue.

Increasing Crisis Hostage Negotiator Effectiveness: Embracing Awe And Other Resilience Practices, Jeff Thompson, Amy R. Grubb, Noam Ebner, Alice Chirico, Marta Pizzolante

Cardozo Journal of Conflict Resolution

Crisis and hostage negotiators are conflict resolution professionals who work toward peacefully resolving tense and possible volatile incidents. These law enforcement negotiators must possess comprehensive knowledge of the required skills and strategically deploy them to accomplish their goals. This exploratory Article examines the skills that make law enforcement negotiators effective and proposes how experiencing awe and a variety of other resilience practices can potentially enhance their abilities. The Article concludes by advocating that awe and other resilience practices can also benefit the greater conflict resolution community, including other types of negotiators and mediators.

Don't Bet The Farm In Litigation Before Considering Mediation: The Case For Agriculture Mediation Program Implementation, John Schmitz

Cardozo Journal of Conflict Resolution

The American farmer wears several hats throughout each day. Each is a farmer, mechanic, businessperson, chemist, accountant, and economist. An ill-timed dispute resulting in litigation can cause farmers to miss planting or harvesting, lose property, or be denied credit. Agriculture mediation provides a unique opportunity for disputes-both big and small, and centered around agriculture-to be resolved in a timely manner.

Women's Rights And Customary Justice In Afghanistan: A Review Of Jirgas Under Cedaw's Access To Justice Components, Fernanda Canessa

Cardozo Journal of Conflict Resolution

Afghanistan became the first Muslim country to ratify the Convention on the Elimination of All Forms of Discrimination against Women ("CEDAW") with no reservations, understandings, or declarations ("RUDs") on March 5, 2003. This event is notable considering that the majority of Muslim countries that ratified the treaty included reservations holding Islamic Sharia law above the tenets of the Convention. The government abstained from making this type of reservation, demonstrating its intent to follow international norms as it entered a new phase of democratic statebuilding.

How To Resolve Capital Cases Through Pretrial Mediation, Clare Haugh

Cardozo Journal of Conflict Resolution

Adam Lawson sat in shackles, cradling his head in his hands, rocking back and forth. He was waiting in the State Attorney's Office in Jacksonville, Florida, preparing to meet the Liles family, whose matriarch had been the victim of a home invasion and homicide he committed over a year earlier. Mr. Lawson was charged with capital murder, and his case was the third in a series of attempted mediations in death-eligible criminal cases by the State Attorney for Florida's Fourth Judicial Circuit.

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 24 (2022–23)

Cardozo Journal of Conflict Resolution

No abstract provided.

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 24, Iss. 1

Cardozo Journal of Conflict Resolution

No abstract provided.