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Dispute Resolution and Arbitration Commons™

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Yeshiva University, Cardozo School of Law

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Full-Text Articles in Dispute Resolution and Arbitration

Cardozo Entertainment Law Conference, Cardozo Dispute Resolution Competition Honor Society (Cdrchs), Cardozo Entertainment Law Society, Cardozo Fame Center Nov 2025

Cardozo Entertainment Law Conference, Cardozo Dispute Resolution Competition Honor Society (Cdrchs), Cardozo Entertainment Law Society, Cardozo Fame Center

2025–2026 Flyers

No abstract provided.


The Next Century Of Challenges For The Faa, Cardozo Journal Of Conflict Resolution (Cjcr) Nov 2025

The Next Century Of Challenges For The Faa, Cardozo Journal Of Conflict Resolution (Cjcr)

2025–2026 Flyers

As the Federal Arbitration Act (FAA) enters its second century, arbitration remains one of the most contested areas of modern dispute resolution. Praised for efficiency and accessibility, it is also challenged for issues of fairness, transparency, and equity. This year’s Melnick Symposium will explore how arbitration must evolve to meet the demands of justice in the decades ahead.

By addressing this theme, the Symposium seeks to imagine what the FAA’s next century should look like and how arbitration can become a more equitable, inclusive, and effective system of justice.


Ai Mediation — Ethically Questionable?, Steven Nappi Nov 2025

Ai Mediation — Ethically Questionable?, Steven Nappi

Cardozo Journal of Conflict Resolution (CJCR) Blog

Artificial Intelligence (“AI”) is an imperative aspect of modern society. However, in the legal field, AI must be used with the utmost discretion. Earlier this year, an attorney from Utah used ChatGPT to create a brief which produced a case that does not exist. In response, the Utah Court of Appeals sanctioned the attorney. Nevertheless, at the 2025 ABA TECHSHOW, a legal tech startup launched an artificial intelligence mediator.

Evidently, an attorney cannot ethically use AI to write a brief defending their client in litigation. Yet, the underlying question remains: why should AI be replacing human mediators?

The print edition …


China’S Revised Arbitration Law, Jillian Farrell Oct 2025

China’S Revised Arbitration Law, Jillian Farrell

Cardozo Journal of Conflict Resolution (CJCR) Blog

Historically, China has been an undesirable venue for arbitration amongst foreign parties. Chinese arbitration institutions had been quasi-governmental, creating concerns about institutional bias and the perception that Chinese arbitrators exercised “ambiguous flexibility” in their decision-making. Chinese courts also had a reputation for not enforcing arbitration awards. Although there has not been empirical data to suggest that Chinese Arbitration proceedings are always biased, the provisions of China’s Arbitration Law itself alongside individual’s experiences painted Chinese Arbitration as unfair and unenforceable.

The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict …


Dismantling Hate: The Power Of Dialogue, Kukin Program For Conflict Resolution, Tamara Meyer, Arno Michaelis, Daryl Davis Oct 2025

Dismantling Hate: The Power Of Dialogue, Kukin Program For Conflict Resolution, Tamara Meyer, Arno Michaelis, Daryl Davis

2025 Event Invitations

Join us for an inspiring conversation with three extraordinary individuals who have turned painful histories into catalysts for change:

  • Tamara Meyer – daughter of German Jewish Holocaust survivors who now builds dialogue and healing across generational trauma
  • Arno Michaelis – former leader in the White nationalist movement, who now works to prevent radicalization and promote compassion
  • Daryl Davis – Black musician and racial justice advocate known for fostering friendships with members of the Ku Klux Klan, confronting hate with curiosity


The New Nil Deals In College Sports, Anna Mestel Oct 2025

The New Nil Deals In College Sports, Anna Mestel

Cardozo Journal of Conflict Resolution (CJCR) Blog

The world of college sports is undergoing a major transformation with the introduction of new rules governing Name, Image, and Likeness (“NIL”) deals. NIL refers to a college athlete’s right to profit from the commercial use of their name, image, and likeness as part of their personal brand. Prior to 2021, student-athletes were prohibited from entering into agreements that allowed them to profit from their fame. That changed in 2021, when athletes were granted NIL rights and permitted to monetize their athletic ability. Today, athletes sign major contracts not only with traditional sports brands such as Nike and Adidas, but …


Kwanza Jones & José E. Feliciano Commit $6 Million To Name Clinical Education Program At Cardozo School Of Law, Benjamin N. Cardozo School Of Law Oct 2025

Kwanza Jones & José E. Feliciano Commit $6 Million To Name Clinical Education Program At Cardozo School Of Law, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law announced a $6 million gift from alumna Kwanza Jones and José E. Feliciano to renovate and expand its clinical education facilities. The gift will establish the Kwanza Jones and José E. Feliciano Program for Clinical Education, supporting experiential legal education and increasing access to justice through Cardozo's nationally recognized clinical programs.


Masthead - Cardozo Journal Of Conflict Resolution, Vol. 27 (2025–26) Oct 2025

Masthead - Cardozo Journal Of Conflict Resolution, Vol. 27 (2025–26)

Cardozo Journal of Conflict Resolution

No abstract provided.


Civil Appeals Mediation Program 2024 Mediation Colloquy: 50 Years Of Building Bridges Through Appellate Mediation Oct 2025

Civil Appeals Mediation Program 2024 Mediation Colloquy: 50 Years Of Building Bridges Through Appellate Mediation

Cardozo Journal of Conflict Resolution

On December 17, 2024, the Second Circuit Court of Appeals and its CAMP program hosted Justice Sotomayor to celebrate the 50th Anniversary of the establishment of CAMP. During the Colloquy, the 50th Anniversary CAMP documentary video was premiered.


Religious Conflicts In Disguise: The Limits Of The Law In Tackling Conflicts With Religious Dimensions, Yael Efron Oct 2025

Religious Conflicts In Disguise: The Limits Of The Law In Tackling Conflicts With Religious Dimensions, Yael Efron

Cardozo Journal of Conflict Resolution

In previous publications, we have established the crucial differences between conflicts with religious dimensions (CRDs) and other types of conflicts. We claim that a legal solution to CRDs is rarely sufficient to terminate the conflict and often might lead to further damage to communities and persons, sometimes even harsher than the original dispute. Since not all CRDs are similar, a theorized model of their distinguishing elements—time, intensity, and proximity to core values—assists us in differentiating them. By analyzing the elements of CRDs in accordance with the TIV model, we can more easily determine which conflicts are suitable for legal process …


Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 27, Iss. 1 Oct 2025

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 27, Iss. 1

Cardozo Journal of Conflict Resolution

No abstract provided.


Twenty-Fourth Annual International Advocate For Peace Award, Honoring Dr. Zafra Lerman, Zafra Lerman, Andrea K. Schneider, Felix Wu, Armando Gonzalez Oct 2025

Twenty-Fourth Annual International Advocate For Peace Award, Honoring Dr. Zafra Lerman, Zafra Lerman, Andrea K. Schneider, Felix Wu, Armando Gonzalez

Cardozo Journal of Conflict Resolution

On March 6, 2025, the Cardozo Journal of Conflict Resolution presented the twenty-fourth annual International Advocate for Peace Award to Dr. Zafra M. Lerman. The following is a transcript of the event.


Dispute Resolution Tradeoffs In Ombuds Office Design, Kristen M. Blankley Oct 2025

Dispute Resolution Tradeoffs In Ombuds Office Design, Kristen M. Blankley

Cardozo Journal of Conflict Resolution

An organizational ombudsman (or “ombuds,” used as the preferred term in this paper) is a conflict resolution specialist who works as either an employee or contractor within the organization it serves. Unlike mediators or arbitrators, ombuds work only with a designated constituency group (often employees or other stakeholders) to solve a variety of conflicts at the lowest level possible within the organization. Ombuds, while preserving the confidentiality of the information they learn, can report trends to the organization or the public. While ombuds do not have the authority to make formal policy changes or other formal decisions, their work informs …


Pursuing Restorative Justice For The Legacy Of Federal Indian Boarding Schools, Jilly Horowitz Oct 2025

Pursuing Restorative Justice For The Legacy Of Federal Indian Boarding Schools, Jilly Horowitz

Cardozo Journal of Conflict Resolution

This Note examines the United States’ federal boarding school policy, designed to eliminate Native populations, and the federal government’s efforts from June 2021 to December 2024 to acknowledge and address its harms. For 150 years, Native children were subjected to this brutal policy and were removed from their communities and placed in boarding schools. These schools were focused less on providing education and opportunity for Native students, and instead were tools to carry out a concentrated federal policy of cultural assimilation and forcible removal from Native lands. The federal government implemented this policy throughout the country, operating or funding 451 …


Blazing A New Path: How Regulatory Negotiation Can Resolve Cannabis Legalization’S Shortcomings, Natalie Pearson Oct 2025

Blazing A New Path: How Regulatory Negotiation Can Resolve Cannabis Legalization’S Shortcomings, Natalie Pearson

Cardozo Journal of Conflict Resolution

New York’s ambitious cannabis legalization effort has fallen short of its promises, burdened by regulatory confusion, industry roadblocks, and an unchecked illicit market. Despite state-level approval, legalization remains riddled with contradictions and obstacles, leaving businesses and policymakers struggling to navigate an unstable framework. This Note explores how regulatory negotiation, an alternative dispute resolution (“ADR”) mechanism, can address key industry challenges, particularly those arising from conflicting federal and state laws.


Dispute Resolution Tailored For Digital Assets, Michele Kallo Oct 2025

Dispute Resolution Tailored For Digital Assets, Michele Kallo

Cardozo Journal of Conflict Resolution

As digital asset markets continue to expand, the need for efficient and reliable dispute resolution mechanisms has grown increasingly pressing. In May 2022, alone, over 200 individual and class action lawsuits related to digital assets were filed, with cases only deepening in nuance. Traditional litigation, with its high costs, slow timelines, and jurisdictional complexities, often falls short in resolving such disputes. In reaction to these limitations, decentralized arbitration platforms have emerged as spaces for dispute resolution. While innovative, these platforms’ susceptibility to issues such as market volatility, barriers to juror diversity, and impartiality limitations raise questions about their effectiveness as …


Documentary Screening Centered: Joe Lieberman, Kukin Program For Conflict Resolution, Rachel Greenberg, Clarine Nardi Riddle, Matt Lieberman Sep 2025

Documentary Screening Centered: Joe Lieberman, Kukin Program For Conflict Resolution, Rachel Greenberg, Clarine Nardi Riddle, Matt Lieberman

2025 Event Invitations

Join us for a special screening of a documentary focusing on the life and career of the late Senator Joe Lieberman.

Centered brings to life the remarkable journey of Joe Lieberman, the late Senator who made history as the first Jewish Vice-Presidential candidate—and nearly changed the course of American politics. Ever a trailblazer, Lieberman was known for his humor, his independence, and for prioritizing what he believed to be right — sometimes earning the ire of his longtime colleagues. In an era where the political divide seems wider than ever, Lieberman’s story is more urgent and relevant every day. The …


Kukin Program For Conflict Resolution Presents The Documentary Screening Of Centered: Joe Lieberman, Kukin Program For Conflict Resolution Sep 2025

Kukin Program For Conflict Resolution Presents The Documentary Screening Of Centered: Joe Lieberman, Kukin Program For Conflict Resolution

2025–2026 Flyers

In an era where the pollical divide seems wider than ever, Lieberman's story is more urgent and relevant every day. The film explores this life a career in ways that challenge to think about the future of democracy and how we can find ways to work together. No matter our differences.


All Things Adr, Kukin Program For Conflict Resolution Sep 2025

All Things Adr, Kukin Program For Conflict Resolution

2025–2026 Flyers

Join us for lunch with the Kukin Program faculty and student leaders to learn about:

The Certificate in Dispute Resolution

Dispute Resolution Courses & Clinics

The Dispute Resolution Competition Honor Society

The Dispute Resolution Society


Dispute Resolution: Why Ireland Works For International Business Law, Kukin Program For Conflict Resolution, Hon. Loretta A. Preska, Hon Justice David Barniville, Sarah Murphy, Matthew York, Simone K. Lelchuk Sep 2025

Dispute Resolution: Why Ireland Works For International Business Law, Kukin Program For Conflict Resolution, Hon. Loretta A. Preska, Hon Justice David Barniville, Sarah Murphy, Matthew York, Simone K. Lelchuk

2025 Event Invitations

As international commerce becomes increasingly complex, the choice of forum and governing law is more critical than ever. This distinguished panel will explore how Ireland’s legal system - confidential and cost-effective and can provide businesses with efficient dispute resolution without lengthy court processes - offers a compelling and reliable jurisdiction for international dispute resolution.


Cjcr Publishes Volume 26, Issue 3 (Summer 2025), Michele Kallo Sep 2025

Cjcr Publishes Volume 26, Issue 3 (Summer 2025), Michele Kallo

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 26, Issue 3 (Summer 2025). The print edition of the issue has also been released.

Accessible at Volume 26.3: Summer 2025, this issue contains Articles by Michael Saini, Raheena Lalani Dahya, Shely Polak, Giuseppe De Palo, and Mary B. Trevor; and Notes by Molly Baraban, Adam Gaudet, and Cynthia Spitzer.

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, …


Cjcr Publishes Volume 26, Issue 2 (Symposium 2024), Jane Perov Apr 2025

Cjcr Publishes Volume 26, Issue 2 (Symposium 2024), Jane Perov

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 26, Issue 2 (Symposium 2024). The print edition of the issue has also been released.

Accessible at Volume 26.2: Symposium 2024, this issue contains Remarks by Lady Justice Joyce Alouch; Articles by Zachary R. Calo, Diego Faleck, Nokukhanya Ntuli, and Nancy A. Welsh; and Notes by Peri Ayzidor, Jared Man, Yakov Schwalb, and Bayla Zohn.

The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict …


Protecting The Freedom Of Movement For All: A Proposal For Complete Street Policies That Prioritize The Needs Of Travelers With Idds And Autism In The Wake Of N.J. Bill S147, Olivia Handelman Apr 2025

Protecting The Freedom Of Movement For All: A Proposal For Complete Street Policies That Prioritize The Needs Of Travelers With Idds And Autism In The Wake Of N.J. Bill S147, Olivia Handelman

Cardozo Journal of Equal Rights & Social Justice

The note examines the groundbreaking implications of New Jersey Bill S147, which mandates the New Jersey Department of Transportation (NJDOT) to develop complete street designs specifically addressing the needs of individuals with intellectual and developmental disabilities (IDD) and Autism Spectrum Disorder (autism). This legislation represents a significant shift in complete streets policies, which traditionally focus on physical accessibility but rarely prioritize non-physical disabilities. The note argues that NJDOT’s implementation of these designs must include tailored strategies, such as mobility education, staff training, and improved signage, to ensure independent and safe travel for this population. By addressing these needs, New Jersey …


Book Talk With Sarah Staszak, Kukin Program For Conflict Resolution, Sarah Staszak Apr 2025

Book Talk With Sarah Staszak, Kukin Program For Conflict Resolution, Sarah Staszak

2025 Event Invitations

Princeton Professor Sarah Staszak will be here on April 1 to talk about her new book, Privatizing Justice: Arbitration and the Decline of Public Governance in the United States. The book examines arbitration's shift from a voluntary dispute resolution tool to a mandatory process favoring corporations. Staszak explores its historical and contemporary contexts, linking legal developments to broader institutional, political, and social dynamics.


Kukin Program For Conflict Resolution Spring 2025 Events, Kukin Program For Conflict Resolution Mar 2025

Kukin Program For Conflict Resolution Spring 2025 Events, Kukin Program For Conflict Resolution

2025 Event Invitations

Kukin Program for Conflict Resolution Spring 2025 Events:

  • A Conversation with Gretchen Carlson & Julie Roginsky, Thursday, March 27 at 12:40 p.m.
  • Book Talk with Sarah Staszak, Tuesday, April 1 at 4:00 p.m.
  • Trauma-Transformed Law: The Why and How of Trauma-Informed Care (TIC) Practice, Wednesday, April 2 at 12:40 p.m.


Blake Lively And Justin Baldoni Dispute: It Ends With Arbitration?, Alisha Augustine Mar 2025

Blake Lively And Justin Baldoni Dispute: It Ends With Arbitration?, Alisha Augustine

Cardozo Journal of Conflict Resolution (CJCR) Blog

The film adaptation of the best-selling novel, “It Ends With Us” depicts a tale of a seemingly romantic relationship turned abusive and how a woman grows beyond her experience with domestic abuse. The film and novel tell the story of Lilly, Blake Lively’s character, falling in love with Ryle, Justin Baldoni’s character, and how their relationship evolves for the worse. Despite the important message that the movie should be known for, it has now been caught in the cross-fire in the impending case between co-stars Blake Lively and Justin Baldoni. In December 2024, Lively filed a complaint against Baldoni claiming …


Final-Offer Arbitration In Major League Baseball: An Effective Dispute Resolution Process, Jeremy Ahdoot Mar 2025

Final-Offer Arbitration In Major League Baseball: An Effective Dispute Resolution Process, Jeremy Ahdoot

Cardozo Journal of Conflict Resolution (CJCR) Blog

Final-offer arbitration, commonly referred to as “baseball arbitration,” is a process where one or more arbitrators will settle an issue by selecting one of the final offers proposed by disputants. In the 1973-1974 offseason, Major League Baseball (MLB) introduced final-offer arbitration as a mechanism to handle salary disputes between professional baseball players and their teams. To be eligible for salary arbitration, players must have more than three, but less than six, years of service time. One year of service time is completed when a player spends 172 days on a team’s 26-man roster or MLB’s injured list in a given …


Seeking The Cayuse Five: Imagining Reparations And Reconciliation In Oregon, Kukin Program For Conflict Resolution, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Michael Moffitt, Roberta Conner Mar 2025

Seeking The Cayuse Five: Imagining Reparations And Reconciliation In Oregon, Kukin Program For Conflict Resolution, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Michael Moffitt, Roberta Conner

2025 Event Invitations

In the mid-1840s, American settlers flocked westward on the Oregon Trail, unknowingly bringing with them measles and other foreign diseases to which the Cayuse peoples along the trail had no immunity. Hundreds of Cayuse children were brought to Narcissa and Marcus Whitman at the Whitman Mission for treatment, but ultimately these children could not be saved. In 1847, members of the Cayuse Tribe, acting under Cayuse law to dispose of false doctors (medicine men, or tewat), participated in an attack on the Presbyterian Whitman Mission in Walla Walla Washington, killing the Whitmans and eleven others. After a two-year pursuit, the …


A Shelter From Litigation: How Mediation Helped Preserve The Core Of New York City’S Right To Shelter, Jared J. Jackson Mar 2025

A Shelter From Litigation: How Mediation Helped Preserve The Core Of New York City’S Right To Shelter, Jared J. Jackson

Cardozo Journal of Conflict Resolution (CJCR) Blog

In 1979, a class action lawsuit was brought against New York City by a coalition of homeless individuals. After almost two years of negotiations, the parties of this suit, called Callahan v. Carey, entered into a consent decree, which provided that the City and State of New York would “provide shelter and board to all homeless men who met the need standard for welfare or who were homeless ‘by reason of physical, mental, or social dysfunction.’”

The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution website on …


Early Neutral Evaluation: Flawed Foundations In Statistical Predictions, Jacqueline Kitzes Feb 2025

Early Neutral Evaluation: Flawed Foundations In Statistical Predictions, Jacqueline Kitzes

Cardozo Journal of Conflict Resolution (CJCR) Blog

Early Neutral Evaluation (ENE) is a form of Alternative Dispute Resolution (ADR) designed to help parties resolve disputes more efficiently. It is an increasingly popular method encouraged by courts and private providers alike. ENE involves a neutral third party, often an experienced attorney or retired judge, who assesses the strengths and weaknesses of each party’s case early in the dispute. The primary goal is to encourage parties to focus on the strengths and weaknesses of their cases and their opponent’s early in the litigation process, potentially avoiding unnecessary pre-trial expenses. ENE aims to facilitate a more informed negotiation process and …