Dispute Resolution and Arbitration Commons^™

The Need For An Independent Children's Commissioner In Hong Kong: A Good Governance Imperative, Katherine Lynch

Cardozo Journal of Conflict Resolution

No abstract provided.

Elder Restorative Justice, Mary Helen Mcneal, Maria Brown

Cardozo Journal of Conflict Resolution

This article explores the viability of utilizing restorative principles to address elder abuse and recommends the continuing implementation of an "elder restorative justice" paradigm. Part I describes the widespread problem of elder exploitation and possible reasons for it, and Part II outlines current strategies to address it. Part III offers an overview of restorative principles, with a description of selected models. In Part IV, this paper reviews restorative approaches currently addressing elder abuse, and their benefits and challenges. Part V analyzes the applicability of the restorative models outlined above to the elder abuse context, assessing the most effective options for …

The Universal Periodic Review As A Form Of Alternative Dispute Resolution: Strengths & Shortcomings, Sara Alvarez

Cardozo Journal of Conflict Resolution

No abstract provided.

Novel Adaptation To Stage And Screen: Rethinking The Contractual And Creative Process, Jennifer Rainville Mccabe

Cardozo Journal of Conflict Resolution

No abstract provided.

Is President Trump Violating The First Amendment When Blocking Citizens On Twitter?: Exploring Multi-Party Negotiation As A Way To Protect Citizens' Rights In The Wake Of The New Digital Age, Ashley B. Mongiello

Cardozo Journal of Conflict Resolution

This Note seeks to answer the following question: How Twitter, its users, and the President can participate in a multi-party negotiation to decide on terms to enact into a user agreement for Twitter for the purposes of ensuring citizens' First Amendment rights are not violated if the President blocks them on Twitter. Part II of this Note discusses the role of the government when they suppress speech on public forums. It additionally addresses how Trump's actions of blocking citizens were declared a violation of their First Amendment rights. Part III raises the issues citizens face when naming the President as …

A Solution To The Silencing And Denial: How Adr Can Harmonize Catholic Law With The International Communities Demand To End The Sexual Victimization Of Children In The Catholic Church, Danielle Shayne Shapero

Cardozo Journal of Conflict Resolution

The causal connection between clericalism and sexual abuse is evident, "namely the tendency of the hierarchy to protect priests, the tendency to cover reports in deep secrecy and the massive denial about the seriousness of the problem.'' In order to truly combat the global crisis of child abuse permeating the religious order, alternative dispute resolution strategies between the Holy See and the global community should be considered as a means of promulgating new ecclesiastical laws for the successful management of institutionalized sexual misconduct. In Part II, this Note will discuss the history of exposure leading to the public's knowledge and …

Beeware Of The Consequences: The Importance Of Urban Apiaries And Environmental Adr, Chelsea Gallay

Cardozo Journal of Conflict Resolution

Part I of this note will discuss urban agriculture and the rise of urban beekeeping; Part II will outline the role urban apiaries are playing in today's society; Part III will explore the disputes that arise between urban community members and beekeepers; and lastly, Part IV will discuss how to use environmental dispute resolution techniques, such. as mediation and negotiation, to solve environmental conflicts between urban apiarists and local community members.

Using Restorative Dialogue As An Assimilation Technique For Unaccompanied Children Escaping Gang Violence, Naomi Jawahar

Cardozo Journal of Conflict Resolution

This Note will first give background on the Northern Triangle area and background on the asylum process in Part I. Part II of the Note will discuss the negative government response in Section A. Section B will delve into the influence of gangs, Section C will discuss the relation between juvenile stigmatization and crime, and Section D will discuss the current resettlement process for UACs that is in place. Finally, Section E, of Part II, will discuss how ADR will help with the resettlement process. Part IH will offer a solution, with Section A showing how restorative dialogue specifically can …

When The Rich Regret: The Case Of Non-Payment In Art Auction Sales, Allison Trupp

Cardozo Journal of Conflict Resolution

Part I is a brief introduction to this Note. Part II of the Note will examine the history of auction and the shift that has occurred in the market that has led to the non-payment problem that has become rampant. It also looks at the issue abroad and differences in buying culture in countries such as China. This Note will then delve into many of the recent cases that have arisen due to nonpayment problems. Part III will discuss the problem in more detail and look at the status of the art auction processes, what is already in place, and …

The Role Of Transformative Mediation In Family Business Disputes, Jacob Lebovics

Cardozo Journal of Conflict Resolution

In Part II, this note will attempt to lay out the benefits and detriments of approaching family business disputes through litigation, alternative dispute resolution, and various methods of mediation, with a goal of explaining how transformative mediation relates to other approaches of resolving conflict. Part IHl will discuss the unique issues that apply to family business conflicts and how concepts from other disciplines of study can be utilized to help best achieve the goals of a family business. Part IV will propose how transformative mediation is well suited to address these conflicts and what form of transformative mediation would reach …

Arbitration As The Ideal Method Of Labor Law Dispute Resolution: A Case Study Using 14 Penn Plaza Llc, Et Al. V. Steven Pyett, Et Al., Douglas Shribman

Cardozo Journal of Conflict Resolution

No abstract provided.

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 20, Iss. 1

Cardozo Journal of Conflict Resolution

No abstract provided.

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 19, Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.

Eighteenth Annual International Advocate For Peace Award, Leymah Gbowee

Cardozo Journal of Conflict Resolution

On April 27, 2018, the Cardozo Journal of Conflict Resolution presented the Eighteenth Annual International Advocate for Peace Award to Leymah Gbowee. What follows is a transcription of the award ceremony, including Leymah Gbowee's acceptance speech.

Truth, Justice, And The Shaanxian Way: Revisiting The Story Of Qiu Ju, Ilhyung Lee

Cardozo Journal of Conflict Resolution

Qiu Ju da guansi is a Chinese film by renowned director Zhang Yimou. Known as The Story of Qiu Ju in the West, the main character is a woman in rural China who seeks a satisfactory resolution after her husband is physically assaulted by the local representative of a state agency. After its release in 1992, the film received significant attention from reviewers, and, over the years, commentators from various disciplines. This Article builds on that commentary, with a focus on the film's lessons about culture, dispute resolution, the legal process, and their intersection. After a summary of the story's …

Escaping The Logic Of Anarchy: A New Model Of Collective Security, Bryan H. Druzin

Cardozo Journal of Conflict Resolution

Past attempts to create collective security, such as the League of Nations and the United Nations, have failed. This article argues that this is because the anarchic structure of the international system does not permit a top-down approach to the problem. It is argued that the solution is to create a collective security model that is bottom-up rather than top-down.

This article proposes a model of collective security that uses positive feedback generated by network effects to trigger the bottom-up emergence of a global collective security organization. Driven by fear and self-interest, weak states join this fledgling organization, increasing its …

Arbitral Institutions Through The Magnifier: On The Nature Of Their Decisions And Exposure To Suit, Silke Noa Elrifai, Amr Arafa Hasaan, Laura Lozano

Cardozo Journal of Conflict Resolution

Arbitral institutions play an essential role in the administration of arbitration disputes. Their arbitration rules give potential disputing parties a clear understanding of the sequence of their dispute. The rules highlight both the obligations the arbitral institution agrees to assume towards the parties as well as the institution's asserted rights. Although the United Nations Commission on International Trade Law ("UNCITRAL") Model Law inspired the rules of many arbitral institutions, no institution works in a legal vacuum. They are embedded in the national legal framework of their respective locales. As a result, each set of institutional rules reflects the domestic laws, …

Nudging Civil Justice: Examining Voluntary And Mandatory Court Mediation User Experience In Twelve Regions, Shahla F. Ali

Cardozo Journal of Conflict Resolution

Nudge theory suggests that positive reinforcement to encourage compliance is at least as effective, if not more effective, than traditional directions issued through legislation. This Article tests nudge theory in the context of court mediation reform by examining whether, and if so how, light nudges encouraging voluntary mediation have a differential effect on civil justice outcomes as compared with more robust nudges through mandated mediation processes. A statistical analysis of 2016-2017 civil justice indicators in twelve regions suggests light nudges, (voluntary court mediation programs, or (self-directed resolution), on average associated with higher overall jurisdictional scores for efficiency and non-discrimination. In …

The Muslim/Arab Sulha And The Restorative Justice Model Same Purpose, Different Approach, Doron Pely, Golan Luzon

Cardozo Journal of Conflict Resolution

This Article establishes sulha, the traditional Arab and Islamic dispute resolution practice, as a restorative justice ("RJ") mechanism. The Article compares sulah with western RJ: both practices strive for the same goal, repairing damaged relations, highlights the conceptual and functional similarities, including support for victims, and the importance of perpetrator responsibility. The Article introduces the concept of reintegrative honoring theory ("RHT")-a novel concept that describes the reliance of sulha relies on restoration of victims' sense of honor. Finally, the Article compares RHT with western reintegrative shaming theory ("RST").

Faith-Based Mediation In The Pakistan-India Conflict, Sarah Khan

Cardozo Journal of Conflict Resolution

Section II of this Note explores the background history of Muslims and Hindus in India, the partition, and some of the most prominent issues that stand in the way of resolution. Section III discusses how religious mediation methods have been, and continue to be, used successfully in the contexts of other countries and conflicts. Section IV proposes that these methods be applied in the Pakistan-India situation to target specific issues facing the two countries, while incorporating the already proposed solutions that are on the table by politicians today.

How Pre-Dispute Arbitration Clauses Chill Whistleblowing And End-Run Dodd-Frank Whistleblowing Protections, Noah Weingarten

Cardozo Journal of Conflict Resolution

This Note proceeds in six parts. First, it examines the mechanics of the SEC whistleblower program, its success, and the importance of whistleblowers. Second, it analyzes whistleblower retaliation protections and contrasts the protections under DoddFrank with those under the Sarbanes-Oxley Act of 2002 ("SOX"). Third, it analyzes how the SEC protects whistleblowers under its regulatory powers. Fourth, it analyzes the importance of retaliation claims from the whistleblower's perspective. Fifth, it analyzes how and why companies employ pre-dispute arbitration clauses to get a more favorable forum to entertain retaliation claims and how federal courts have been enforcing these arbitration clauses. Finally, …

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 19, Iss. 3

Cardozo Journal of Conflict Resolution

No abstract provided.

Union Co-Ops And The Revival Of Labor Law, Ariana R. Levinson

Cardozo Journal of Conflict Resolution

This article, as the first to identify and suggest solutions for the numerous labor law issues that must be addressed when establishing a union co-op, contributes to the existing literature on workerownership and cooperative economics. This article proceeds in four sections. The first section provides background about what union co-ops are, why unionization makes sense in the co-op setting, and the initiative to scale up union cooperatives. The second section, drawing on original interview data, provides background about the Cincinnati Union Co-op Initiative and Our Harvest, the first union worker-owned co-op that the Cincinnati Union Co-op Initiative incubated. The third …

Judicial Mediation: From Debates To Renewal, Jean-François Roberge, Dorcas Quek Anderson

Cardozo Journal of Conflict Resolution

Judicial mediation involving a judge acting as a mediator in a court dispute has been implemented in many jurisdictions worldwide as a way to overcome access to justice challenges. This innovation has raised many debates on the changing role of the judge built on either its congruence with or divergence from judicial adjudication. Over the years, these debates have become increasingly stagnant. The evolving vision on access to justice brings an opportunity to draw from the earlier debates and forge a different way forward. This paper argues that a coequality approach to understanding judicial mediation is a better way to …

A New Legal Framework For Employee And Consumer Arbitration Agreements, Imre S. Szalai

Cardozo Journal of Conflict Resolution

This Article is divided into three main sections. The first section provides an overview of the FAA, and the second section explores how arbitration clauses with oppressive terms give rise to multiple harms. The concluding section of the Article demonstrates the many problems that arise from a court's mere severance of harsh terms, and discusses how the history, policy, and text of the FAA require courts to adopt an invalidation approach. As a result of the automatic and complete invalidation of the entire arbitration agreement for containing a harsh term, a consumer or employee, like the victims of sexual harassment …

Mediation Capacity Building With Liberian Diaspora Communities: Some Observations, Maria R. Volpe, Bradley L. Roth

Cardozo Journal of Conflict Resolution

The focus of this article will be on elucidating an initiative that has involved multiple partnerships, sensitivity to cultural differences, local-global interactions, work with diaspora communities, adaptation of mediation training programs, dedicated volunteerism, and concerns about sustainability. Central to all of the activities is an explicit resolve by the mediators involved to understand and appropriately respond to the parties' contexts when providing mediation expertise. John Paul Lederach has referred to this method as a mix of prescriptive and elicitive approaches. In sum, the trainers used their expertise as both mediators and trainers to be conscious of and sensitive to the …

Lessons From The South China Sea Ruling: Med-Arb As The Recommended Dispute Resolution Method For Asia's Maritime Disputes Under Unclos, Julia Y. Yang

Cardozo Journal of Conflict Resolution

-This Note discusses the weaknesses of the current default dispute resolution method implemented by UNCLOS. Part II of this Note illustrates the recent history and the nature of the South China Sea dispute and the legal context provided by UNCLOS for maritime disputes in Asia. Part III will discuss the inadequacy of the current default adjudication method implemented by UNCLOS. Part IV recommends the adoption of med-arb as the ideal dispute resolution method and a requirement to show consent before parties engage in proceedings for maritime dispute resolutions in Asia.

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 20 (2018–19)

Cardozo Journal of Conflict Resolution

No abstract provided.

In Loving Memory Of Gretchen Kail (1972-2019)

Cardozo Journal of Conflict Resolution

The Cardozo Journal of Conflict Resolution would like to dedicate this issue to Gretchen Kail. Throughout her time on the Journal, Gretchen was an inspiration to us all. She worked very hard to upkeep the reputation of our Journal and achieved the success of publishing her Note, Access to Justice: Accelerating the Abandonment of FGM/C, in Volume 19, Issue 3 of this Journal. Gretchen will always be a part of our Journal's family and we will miss her dearly. All of our editors would like to extend our sincerest condolences to Gretchen's family and friends by remembering and celebrating her …

Authority-Based Mediation, Amos Gabrieli, Nourit Zimerman, Michal Alberstein

Cardozo Journal of Conflict Resolution

The paper describes and defines, for the first time, a unique mediation procedure-the authority-based mediation. This procedure was developed by one of the authors of this paper, and is characterized by handling highly complex conflicts in multi-party disputes, which are mostly referred to mediation by the court. Authoritybased mediation is conducted in an evaluative manner, combining in-depth legal discussion with a soft dialog that relates to emotions and interests and results in a settlement, usually following one extended mediation meeting.

Based on a combination of observations conducted in the mediation room and reflections of the mediator himself in relation to …