Dispute Resolution and Arbitration Commons^™

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.

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.

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 …

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

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

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

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 …

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

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.

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 …

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

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

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

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 …

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.

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 …

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

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

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

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

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

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 …

Appeal, Arbitrate, Appraise: A Forthcoming Rallying-Cry For The Victims Of The California Wildfires, Thomas Riley

Cardozo Journal of Conflict Resolution (CJCR) Blog

Seven days into the 2025 new year, the most expensive natural disaster in United States history broke out. 29 people were killed, and at least 16,000 structures were destroyed. Damages estimations have been varied. One analyst firm reasoned the fires could cost as much as $35 billion[3], another thought $45 billion, and the University of Southern California thinks $75 billion. Among the hardest hit neighborhoods was Altadena, California. Northwest Altadena stood as one of the few areas black families could purchase homes in Southern California, as “81% of Black households in Altadena own homes, compared with 32% across Los Angeles …

Cjcr Publishes Volume 26, Issue 1 (Fall 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 1 (Fall 2024). The print edition of the issue has also been released.

Accessible at Volume 26.1: Fall 2024, this issue contains a transcript from the Twenty-Third Annual International Advocate for Peace Award, Honoring Dr. Richard N. Haass; a transcript from the United States Court of Appeals for the Second Circuit; Articles by Ariana R. Levinson and Hal Abramson; and Notes by Armando D. Gonzalez, Nowshin Nawal, Jane Perov, and Nicholas Wynne.

The print …

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 26, Iss. 3

Cardozo Journal of Conflict Resolution

No abstract provided.

A Framework For Trauma-Informed Mediation: A Heart And Mind Approach To Conflict Resolution, Michael Saini, Raheena Lalani Dahya, Shely Polak

Cardozo Journal of Conflict Resolution

Unresolved trauma histories can have both short and long-term consequences on children and parents' overall functioning. Using a trauma-informed approach to mediation, we first briefly highlight the impactofadversechildhood experiencesandunresolvedtraumasonadults. We then consider the various vulnerabilities and activations presented within mediation and the fundamental principles of trauma-informed mediation to assist parties in remaining within the "window of tolerance" during the mediation. Trauma-informed mediation is an approach that encourages mediators to be aware of potential trauma activations and to engage in compassionate practices to allow parties to engage within their own individualized "window of tolerance" to resolve disputes. We explore the unique …

Not Enough Of A Good Thing: Unleashing The Full Power Of Mediation Globally, Giuseppe De Palo, Mary B. Trevor

Cardozo Journal of Conflict Resolution

No abstract provided.

Having Fun Is Not As Hard When You Have An Arbitration Clause: The Current Benefits And Possible Changes To The Arbitration Agreements Of Amusement Parks And Recreational Resorts For Consumers, Cynthia Spitzer

Cardozo Journal of Conflict Resolution

This Note will evaluate options that are more favorable for consumers to bring their injury claims against amusement parks and recreational resorts when the route for resolution is limited by an agreement. For instance, the option of an arbitration agreement would be more preferable when faced with only the option of a liability waiver. However, with possible future changes of consumer contracts from the FAIR Act, opt-in provision, or mandatory arbitration imposed on the corporations, the route for resolution can drastically change and improve the realm of possibility for consumers of amusement parks and recreational resorts.

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 27, Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.

Design Matters: Modernizing The Federal Arbitration Act To Safeguard Party Autonomy, Sarah R. Cole

Cardozo Journal of Conflict Resolution

Arbitration is a creature of contract. And it is basic arbitration law that arbitrators must respect contracting parties’ intent. The Federal Arbitration Act’s 100th anniversary offers an ideal moment to reaffirm this principle: arbitrators resolving commercial disputes should honor parties’ intent while preserving arbitration’s core values: efficiency, finality, and autonomy. Unfortunately, routine judicial deference to arbitration decisions often undermines parties’ intent as expressed through party design of the arbitration process. In response to this issue, this Article proposes amending the Federal Arbitration Act (FAA) to empower courts to safeguard two common arbitral party directives: limits on arbitrators’ remedial authority and …

"Arbitration In Name Only": A Race Claims Mismatch, Michael Z. Green

Cardozo Journal of Conflict Resolution

With arbitration’s meteoric rise as a tool in resolving statutory employment discrimination matters beginning in the 1990s, concerns about lack of employee bargaining power received little consideration when raised in court challenges to the enforcement of employer-mandated agreements to arbitrate those claims. Only in rare circumstances, when an employer appeared to go to extremes in using its overwhelming bargaining power to implement an arbitration process so clearly unfair would a court find the agreement created an unfair “arbitration in name only” that should not be enforced.

Employers have become savvier in how they require employees to agree to resolve discrimination …