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Dispute Resolution and Arbitration Commons™
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Articles 31 - 60 of 704
Full-Text Articles in Dispute Resolution and Arbitration
Three-Stripe Life: How Adidas Can Act As A Model In Trademark Disputes By Promoting Internal Alternative Dispute Resolutions, Adam Gaudet
Cardozo Journal of Conflict Resolution
This Note will propose that large brands with broad trademarks develop internal strategies and departments which facilitate preemptive mediation and negotiations with smaller designers, ultimately deescalating disputes before any formal legal issues arise. These negotiations and mediations could lead to brand collaborations and new business ventures, could persuade smaller brands to stop their intellectual property infringement, and, in the least ideal situation, lead to a lawsuit. The strategies outlined in this Note, while focused on Adidas, can be applied by other fashion companies as well, as large brands often own many broad trademarks that small businesses might accidentally use. Businesses …
Negotiation Map For Teaching And Practice, Hal Abramson
Negotiation Map For Teaching And Practice, Hal Abramson
Cardozo Journal of Conflict Resolution
No abstract provided.
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 25, Iss. 3
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 25, Iss. 3
Cardozo Journal of Conflict Resolution
No abstract provided.
An Information Flow Model Of Online Mediation: Jeopardizing Privacy And Autonomy In The Shadow Of Innovation, Rachel Ringort, Ayelet Sela
An Information Flow Model Of Online Mediation: Jeopardizing Privacy And Autonomy In The Shadow Of Innovation, Rachel Ringort, Ayelet Sela
Cardozo Journal of Conflict Resolution
Online mediation has developed significantly over the past decade, and increasingly so following the COVID-19 pandemic. Online mediation platforms are now integrated into both private and public settings, enabling mediation through diverse means-from videoconferencing software to dedicated platforms that use various procedural and technological tools, including artificial intelligencepowered applications. The digital transformation of the mediation process introduces challenges and opportunities for mediators, parties, and mediation platforms, many of which stem from new digital datahandling practices. This article explores how such digital transformation of mediation impacts the parties' rights to self-determination and privacy. Recognizing that these rights derive from the parties' …
Comparing Joint Session And Caucus Outcomes: Factoring In Substantive Discussions And Case Characteristics, Roselle L. Wissler, Art Hinshaw
Comparing Joint Session And Caucus Outcomes: Factoring In Substantive Discussions And Case Characteristics, Roselle L. Wissler, Art Hinshaw
Cardozo Journal of Conflict Resolution
Many of the traditional components of initial joint sessions occur less frequently today than they did historically and are more likely to take place during initial caucuses than during initial joint sessions. These changes in mediation practice lead to questions about whether initial joint sessions still provide the benefits historically attributed to them and whether initial caucuses now provide not only the benefits specifically ascribed to them but also the benefits typically associated with initial joint sessions. The presentArticle addresses these questions while taking into consideration differences in case and mediator characteristics as well as the extent of discussions in …
Masthead, Cardozo Journal Of Conflict Resolution, Vol. 26 (2024–25)
Masthead, Cardozo Journal Of Conflict Resolution, Vol. 26 (2024–25)
Cardozo Journal of Conflict Resolution
No abstract provided.
Civil Appeals Mediation Program 2023 Mediation Colloquy "Thinking 101" And Mediation
Civil Appeals Mediation Program 2023 Mediation Colloquy "Thinking 101" And Mediation
Cardozo Journal of Conflict Resolution
No abstract provided.
Twenty-Third Annual International Advocate For Peace Award, Honoring Dr. Richard N. Haass, Richard N. Haass, Melanie Leslie, Andrea K. Schneider, Zachary Knoop, Daniel Kim
Twenty-Third Annual International Advocate For Peace Award, Honoring Dr. Richard N. Haass, Richard N. Haass, Melanie Leslie, Andrea K. Schneider, Zachary Knoop, Daniel Kim
Cardozo Journal of Conflict Resolution
On March 27, 2024, the Cardozo Journal of Conflict Resolution presented the twenty-third annual International Advocate for Peace Award to Dr. Richard N. Haass. The following is a transcript of the event's speeches.
Arbitral Reliance On "Precedent", Ariana R. Levinson
Arbitral Reliance On "Precedent", Ariana R. Levinson
Cardozo Journal of Conflict Resolution
We conclude that "precedent" may not be the most appropriate term for arbitrators' reliance on other awards. While the term "precedent" might be used loosely in the sense that any past event is a precedent for any future event, the doctrines of stare decisis, collateral estoppel, and res judicata do not apply in labor arbitration. Only if a contract explicitly states or is interpreted by arbitrators to require past awards between the same parties to bind them into the future until a change is negotiated to the contract will these doctrines be utilized by arbitrators. Much more often, including in …
Reducing The American National Debt By Negotiating New Tax Practices On Internal Revenue Code Sec. 501(C) Organizations, Armando D. Gonzalez
Reducing The American National Debt By Negotiating New Tax Practices On Internal Revenue Code Sec. 501(C) Organizations, Armando D. Gonzalez
Cardozo Journal of Conflict Resolution
No abstract provided.
Global Policy Leaders And Sustainability, Joyce Aluoch
Global Policy Leaders And Sustainability, Joyce Aluoch
Cardozo Journal of Conflict Resolution
In 2024, can mediation still be referred to as the "sleeping beauty," which is beautiful and needs to be proven and promising, making it logical that mediation can catch up? In my presentation I will examine measures to awaken a vibrant and attractive sleeping beauty.
Artificial Intelligence And Mediation Ethics, Zachary R. Calo
Artificial Intelligence And Mediation Ethics, Zachary R. Calo
Cardozo Journal of Conflict Resolution
Artificial intelligence ("Al") presents many opportunities to improve the efficiency, effectiveness, and accessibility of mediation. More than that, it has potential to transform the nature of how mediation is practiced and what mediation is. While Al might not yet play a significant role in many mediations, there is widespread recognition that the technology is disrupting many established dispute resolution practices. What mediation will look like on the other side is unclear, but it will not be the same.
Technology And Victims' Compensation Systems: The Brumadinho Experience, Diego Faleck
Technology And Victims' Compensation Systems: The Brumadinho Experience, Diego Faleck
Cardozo Journal of Conflict Resolution
The rupture of the B-I dam of the C6rrego do Feijio Mine, in Brumadinho, Minas Gerais, Brazil, owned by the company VALE S/A, which occurred on January 25, 2019, gave rise, from the point of view of civil liability, to a series of extrajudicial measures of socioeconomic reparation. These measures include the payment of emergency compensation to more than 100,000 people, and the implementation of an individual, optional, and voluntary compensation program for civil and labor claims, for the victims and their families. The compensation program was designed according to the principles and techniques of the evolving field of study …
"The Reed That Bends With The Wind Does Not Break"-The Complexities Of Multicultural Mediation And The Use Of Artistic Tools To Overcome Them, Nokukhanya Ntuli
"The Reed That Bends With The Wind Does Not Break"-The Complexities Of Multicultural Mediation And The Use Of Artistic Tools To Overcome Them, Nokukhanya Ntuli
Cardozo Journal of Conflict Resolution
Mediation processes are inherently complex and require flexibility and adaptability. This is especially true for mediation processes involving multiple parties with diverse cultural backgrounds. This paper examines the complexities created by cultural diversity in mediation. The paper highlights a dispute between the local community of Msango, West Africa, and an international mining company. It highlights how linguistic and literacy barriers complicated the process, undermining effective communication and progress. The complication identified at the start of the process necessitated the process design to encompass tools to overcome the barriers identified early on. As the mediation progressed, the mediators continued to uncover …
Addressing New York's Scaffolding Issue Through An Arbitration Framework, Jared Man
Addressing New York's Scaffolding Issue Through An Arbitration Framework, Jared Man
Cardozo Journal of Conflict Resolution
New York City is one of the most, if not the most, famous cities in the world. Whether it is the melting pot of cultures, the signature attitude of its residents, or the numerous attractions, people flock to New York to either see the city with their own eyes or end up moving here to become part of the city itself. However, one of New York's most notable features is the beautiful architecture it boasts. Every neighborhood comes with its own distinct feeling once you pass through it, which in large part has to do with kinds of buildings that …
The Use Of Mediation To Reduce Medical Malpractice Claims, Unnecessary Antimicrobial Therapy, And Resistance Rates In Patients Across The Nation, Shifra Ben-Jacob
The Use Of Mediation To Reduce Medical Malpractice Claims, Unnecessary Antimicrobial Therapy, And Resistance Rates In Patients Across The Nation, Shifra Ben-Jacob
Cardozo Journal of Conflict Resolution
No abstract provided.
Multi-Track Diplomacy & The Abraham Accords: A Blueprint For Broader Middle Eastern Peace Between Israel And The Arab World Based Upon Shared Economic Interests, Security, And Grassroots Peacebuilding, Eliott Dosetareh
Cardozo Journal of Conflict Resolution
No abstract provided.
Use Of Collaborative Governance In Passing Effective Abortion Laws In Texas To Decrease Rates Of Injury, Criminal Penalties, And Civil Litigation, Nowshin Nawal
Cardozo Journal of Conflict Resolution
No abstract provided.
Unblocking The Chain: Leveraging Mediation And Negotiation In Crypto Exchange User Disputes, Jane Perov
Unblocking The Chain: Leveraging Mediation And Negotiation In Crypto Exchange User Disputes, Jane Perov
Cardozo Journal of Conflict Resolution
No abstract provided.
Negotiating In The Fast Lane: Developing An Integrative Bargaining Scheme For Formula One Licensing Agreements With Street Circuit Venues, Nicholas Wynne
Negotiating In The Fast Lane: Developing An Integrative Bargaining Scheme For Formula One Licensing Agreements With Street Circuit Venues, Nicholas Wynne
Cardozo Journal of Conflict Resolution
No abstract provided.
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 26, Iss. 2
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 26, Iss. 2
Cardozo Journal of Conflict Resolution
No abstract provided.
What Mediation Romantics Can Learn From The Model T (Or Maybe The Chevrolet Trax), Nancy A. Welsh
What Mediation Romantics Can Learn From The Model T (Or Maybe The Chevrolet Trax), Nancy A. Welsh
Cardozo Journal of Conflict Resolution
When mediation was reintroduced to the U.S. in the 1970s, it was infused with a democracy-and-self-determination-enhancing, social justice ethos. As the process has been very successfully institutionalized, however, these ambitions have been scaled backalthough, at least arguably, certain "mediative elements" have actually been adopted (or coopted) by other procedural innovations. Perhaps it is time for those of us frustrated with the evolution of mediation to reconcile ourselves to the reality and value of a "basic" model of mediation designed for the sole purpose of getting parties from dispute to settlement-in much the same way that the basic model of a …
Early Neutral Evaluation In Baseball Arbitration, Yakov Schwalb
Early Neutral Evaluation In Baseball Arbitration, Yakov Schwalb
Cardozo Journal of Conflict Resolution
In recent years, the contracts awarded to Major League Baseball ("MLB") players in free agency have been astronomical. In the 2023 offseason, Shohei Ohtani signed the largest contract in American sports history, a ten-year $700 million contract with the Los Angeles Dodgers. In the previous year, MLB teams spent over $3.5 billion on free agents. However, before a player is eligible for free agency, he can undergo a process called final offer arbitration ("FOA"). In this system, if a player and his professional baseball team are unable to reach an agreement for the player's salary for the upcoming season, the …
Squatters Squabbles: The Use Of Mediation To Provide Beneficial Solutions To Adverse Possession Claims In New Jersey, Bayla Zohn
Cardozo Journal of Conflict Resolution
In our society, law is a complex and ever-evolving field, constantly adapting to fit our needs. Yet, there are certain legal matters we would expect to have clear and obvious resolutions. Property ownership should be simple and unambiguous, governed by "established legal rules and precepts." Examine a deed, survey the stated legal owner of the tract of land, and your answer should be uncomplicated. Yet, there are a multitude of complex laws that allow individuals to obtain legal ownership of land in a seemingly illicit fashion.
Farewell To Cultural Superiority: Resolving The Alleged Chinese Misappropriation Of Korean Cultural Heritage Through Unesco's 2005 Convention For The Protection And Promotion Of The Diversity Of Cultural Expressions, Daniel Hyungtae Kim
Cardozo Journal of Conflict Resolution
No abstract provided.
Incorporating Alternative Dispute Resolution At The United Nations: Establishing And Implementing And Arbitration Panel To Determine Whether A Permanent Member Of The Security Council Can Or Cannot Veto Proposed Resolutions Potentially Involving Human Rights Violations And Mass Atrocities, Jillian Leavey
Cardozo Journal of Conflict Resolution
No abstract provided.
Stronger - Not Together: The Needed Elimination Of Mandatory Arbitration For Sexual Misconduct Claims Against The United States Olympic & Paralympic Committee & International Olympic Committee, Peri L. Ayzidor
Cardozo Journal of Conflict Resolution
Mandatory arbitration clauses have acted as litigation blocks in employment and commercial contracts for decades. The downfall of such clauses was catalyzed by the infamous trial of Olympic doctor, Larry Nassar. The grueling evidence and testimony sparked the creation of acts such as the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act ("EFSASHA"), which barred the enforcement of mandatory arbitration clauses in claims involving sexual misconduct. Mandatory/forced arbitration clauses keep any claims made by employees or individuals private and limits their right to take a claim to court. Such clauses make it almost impossible for sexual misconduct survivors …
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 26, Iss. 1
Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 26, Iss. 1
Cardozo Journal of Conflict Resolution
No abstract provided.
Success Stories In Community Courts: Listening To Participants' Voices, Hadar Dancig-Rosenberg, Tali Gal
Success Stories In Community Courts: Listening To Participants' Voices, Hadar Dancig-Rosenberg, Tali Gal
Cardozo Journal of Conflict Resolution
No abstract provided.
Between Cooperation And Conflict In Second Look Sentence Review, Kay L. Levine, Ronald F. Wright
Between Cooperation And Conflict In Second Look Sentence Review, Kay L. Levine, Ronald F. Wright
Cardozo Journal of Conflict Resolution
No abstract provided.