Dispute Resolution and Arbitration Commons^™

A Conversation Between Hon. Daniel Weinstein And Kenneth Feinberg, Moderated By Lela Love, Kenneth R. Feinberg, Daniel Weinstein, Lela Love

Cardozo Journal of Conflict Resolution

On October 8, 2015, the Benjamin N. Cardozo School of Law's Mediation Clinic celebrated its 30th Anniversary. In honor of this auspicious occasion, two leading alternative dispute resolution ("ADR") masters, the Honorable Daniel Weinstein (Ret.) and Kenneth Feinberg, Esq., convened for a conversation about their remarkable experiences in the ADR field. Feinberg has overseen the administration of settlement funds designed to help the victims of some of the largest disasters in United States history, including the September 11th victim compensation fund and the the BP oil spill. Weinstein is one of the preeminent mediators of large complex disputes, a founder …

Enhancing The Community Relations Service Arsenal: A Restorative Justice Solution For Community Conflicts With Local Law Enforcement That Have A Race-Relations Basis, David B. Rabbani

Cardozo Journal of Conflict Resolution

This Note proposes that restorative justice should be incorporated by the CRS to promote fairness and to foster a change in the definition of success for the agency to include more permanent and inspiring solutions that have the potential to prevent conflict in other parts of the country. Part A of Section II provides background on the shooting of Michael Brown and the reaction in both Ferguson and the U.S. in general along with perceptions and facts about race-relations in Ferguson. Part B of Section II focuses on the CRS and its creation, history, and methods. Part C of Section …

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 17, Iss. 3

Cardozo Journal of Conflict Resolution

No abstract provided.

A Survey Of Beliefs And Priorities About Access To Justice Of Family Law: The Search For A Multidisciplinary Perspective, Peter Salem, Michael Saini

Cardozo Journal of Conflict Resolution

Within the last decade, the term "Access to Justice" has grown in popularity among legal commentators, scholars, family justice reformers, government policy makers, and the media. But with all of this new attention, there remains no common understanding or definition of Access to Justice and its potential implications for children and families in domestic relation courts. The purpose of this cross-sectional online survey was to explore the meaning of Access to Justice according to legal, mental health, and dispute resolution professionals in various countries. The sample included 442 respondents (e.g., judges, lawyers, custody evaluators, mediators, family court services, court administrators, …

Parentage Without Gender, Joanna L. Grossman

Cardozo Journal of Conflict Resolution

This essay will explore the origins of parentage law, the questions raised by modern families, and the impact of the Obergefell ruling. When we remove gender from questions of parentage, what remains?

Set Another Place At The Table: Child Participation In Family Separation Cases, Stacey Platt

Cardozo Journal of Conflict Resolution

The issue of child participation in family separation cases divides judges, lawyers, child advocates, and mental health professionals. Broadly, the differing perspectives can be explained as follows: the anti-participation perspective is concerned about harming children by placing them in the middle of their parents' disputes, pressuring them to choose sides, and relying too much on children's unreliable opinions and sometimes whimsical positions; the pro-participation perspective is concerned about ensuring a just process in which children are provided the opportunity to be heard before decisions are made that will impact them directly and significantly, as children and beyond.

Both sides raise …

Multicultural Adr And Family Law: A Brief Introduction To The Complexities Of Religious Arbitration, Michael J. Broyde

Cardozo Journal of Conflict Resolution

Recent polls indicate that the U.S. population is getting less religious and more secular. This seems to mirror the nation'sand its laws'-movement away from reflecting certain traditional values. While these movements have left some members of the religious population in a precarious situation, surrounded by a society whose values are changing before their eyes, it has also caused the religious to cling tighter to their respective faiths and become more entrenched in the values they assert.

A Special Approach To Mediation For Moslem Clients, Nadia Shahram

Cardozo Journal of Conflict Resolution

The general saying "one size fits all" does not apply in the mediation setting. No mediation model advocates one strict approach for all mediations. In fact, each model offers a variety of styles to employ when working with clients, each with strengths applicable to specific situations. Mediators know how to adapt to the different circumstances of each client. They know that one size does not fit all.

Resolving Multicultural Family Disputes In New York: A Clash Of Courts And Cultures, Alla Roytberg

Cardozo Journal of Conflict Resolution

In this Article, I will discuss my experiences with litigated cases involving multi-cultural families. I will then analyze how issues of cultural sensitivity can be addressed and honored during a mediation between the parties, with the help of an experienced, culturally sensitive mediator.

Fifteenth Annual International Advocate For Peace Award Honoring Peter, Paul And Mary, Melanie Leslie, Lela Love, Lara Traum, Peter Yarrow, Noel Paul

Cardozo Journal of Conflict Resolution

On February 22,2016, the Cardozo Journal of Conflict Resolution presented its fifteenth annual International Advocate for Peace Award to Peter, Paul and Mary, the legendary peace-activist folk music trio. What follows is a transcription of the award ceremony, including Peter Yarrow's acceptance speech on behalf of the trio.

Of Grids And Gatekeepers: The Socioeconomics Of Mediation, Robert Rubinson

Cardozo Journal of Conflict Resolution

Mediation scholars have long debated which mediator "style" or "model" is correct. The origin of the debate arises from a foundational piece of scholarship by Leonard Riskin. Riskin proposed a "grid" of mediator orientations comprised of what came to be known as "facilitative mediation" and "evaluative mediation." A more recent addition to the grid-and one that is almost universally recognized as a distinct model-is "transformative mediation." These three models are so embedded in the literature of mediation that they have been called "the big three."

This Article will survey these issues in three parts. First, it will offer an overview …

Reform Of Family Justice: Children's Dispute Resolution In Hong Kong, Katherine Lynch

Cardozo Journal of Conflict Resolution

This article discusses evolving family justice system reforms in Hong Kong and the inherent problems that persist with the system, particularly as they relate to the resolution of disputes involving children.1 9 The important initiatives of the Hong Kong Judiciary are highlighted (including the various mediation practice directions issued and pilot schemes established), along with challenges of legislative reform in the family justice area. Underlying all of this are the various paradigm shifts occurring within family justice systems, including the emergence of the "shared or joint parental responsibility" concept, the increased use of ADR processes for children's issues outside of …

Reducing Recidivism Of Violent Offenders Through Victim-Offender Mediation: A Fresh Start, Laura Ravinsky

Cardozo Journal of Conflict Resolution

This Note will examine how VOM between victims and violent offenders improves the criminal justice system and reduces recidivism. The Note will propose that there is a better remedy for violent crime than punitive prison sentences absent genuine efforts to reform. In Section II, this Note will discuss the breakdown of the U.S. criminal justice system, particularly the excessive incarceration rate and the ineffectiveness of the current retributive scheme, followed by a history and overview of VOM. Next, it will discuss the issue of prison recidivism, how it affects our society on both a social and economic level, and the …

Formal Training Does Not Always Eliminate Gender-Based Negotiation Differences, Charles B. Craver

Cardozo Journal of Conflict Resolution

For over forty years, I have taught Legal Negotiation courses to second and third year law students. I have also taught Effective Legal Negotiation skills to over 95,000 attorneys in continuing legal education courses and in-house law firm courses in over forty states and in countries around the world. When I initially began to teach negotiation skills to practicing attorneys, law firm partners often asked me whether I thought female students could negotiate as effectively as male students. Because I also teach Employment Discrimination Law, I was concerned that partners with such stereotypical beliefs might overtly or even subconsciously discriminate …

Gendered Differences In Negotiation: Advancing An Understanding Of Sources, Effects, And Awareness, Stacy M. Roberts

Cardozo Journal of Conflict Resolution

Conversations about gendered differences in negotiation have been around for decades. However, recent research about these gendered differences is expanding our understanding of gender stereotypes and role expectations in negotiation. This article reviews some of this research and discusses how awareness of gendered differences can be advantageous to both male and female negotiators.

One's self-identity hinges on more than just gender; for example, cultural values, economic class, ethnic origin, geographic location, group affiliations, hobbies, language and dialect, national citizenship, occupation, personal values, race, religion, self-interests, sexual orientation, social status, etc., also play parts in forming one's self identity. These factors …

Land Use Consultations Advancing Therapeutic Jurisprudence: Ripe For Clinical Trials, Michael N. Widener

Cardozo Journal of Conflict Resolution

This paper proposes educating law students in the processes of therapeutic justice through service as a neutral in land use controversies, and in the process, improving law student dispute resolution skills and enabling them to promote therapeutic outcomes.

Sixteenth Annual International Advocate For Peace Award Honoring Benjamin "Ben" Ferencz, Lara Traum, Melanie Leslie, Lela P. Love, Benjamin Taylor, Toby Golick, Benjamin Ferencz

Cardozo Journal of Conflict Resolution

On April 11, 2016, the Cardozo Journal of Conflict Resolution presented its sixteenth annual International Advocate for Peace Award to Ben Ferencz. What follows is a transcription of the award ceremony, including Ben Ferencz's acceptance speech.

Reining In Recalcitrant Broker-Dealers: Customers Negotiating With Broker-Dealers To Arbitrate Before Seeking Interpleader, Rushelle Bailey

Cardozo Journal of Conflict Resolution

This Note assesses whether it is appropriate for a brokerdealer to commence an interpleader action in response to receiving a restraining notice on the customer's account, despite the existence of a pre-dispute arbitration clause. If not, what are the consequences, and what are the appropriate dispute resolution methods for resolving any dispute that might arise regarding the restraining notice on the customer's account? Part II of this Note presents the issue that arises when a restraining notice is served on a customer's account under the control of a broker-dealer. A description is given of the regulation of broker-dealers and their …

Classwide Arbitration: A Method Of Resolving The "Natural" Food Label Litigations, Angelina Dalia

Cardozo Journal of Conflict Resolution

This Note discusses how classwide arbitration in food labeling disputes can better serve as a resolution method for both parties. Part I will review the current legal landscape surrounding food labeling litigations and the limitations of the FDA's regulatory and enforcement power. It will analyze how the lack of regulation has led to the recent surge in food labeling class actions. Part II will introduce the general benefits and downfalls of mandatory arbitration in comparison to litigation as a means of legal remedy. Furthermore, it will describe the recent trend of incorporating mandatory arbitration clauses and class action waivers in …

Taiwan's Path To Independence: Resolving The "One China" Dispute, Kristine Yeh Koopman

Cardozo Journal of Conflict Resolution

This Note discusses the historical and legal contexts within which Taiwan is arguably its own state, and advances the notion that members of the international community must finally take a definitive stance as to whether Taiwan is its own sovereign state in order to resolve the "one China" dispute, rather than choosing to remain supposedly impartial. Section II of this Note provides an overview of Taiwan's path to statehood, democracy, and independence. Section III then examines the status of Taiwan in international settings and legal contexts, and highlights Taiwan's claims of independence, as well as China's claims for reunification. Lastly, …

Utilizing Adr In Domestic Adoptions For Same-Sex Couples, Nicole Hertzberg

Cardozo Journal of Conflict Resolution

This Note addresses the intricacies involved in same-sex couples, now legally married, overcoming state-placed legal obstacles in order to adopt children. The simple answer is to wait and see what the Supreme Court has to say about same-sex adoption. However, it is more complicated than that. Firstly, it took two years for Obergefell to reach the Supreme Court from the District Court, and it took this country two hundred and thirty nine years to legalize same-sex marriage. In other words, it might be years until the Supreme Court addresses this issue. Secondly, if this issue is litigated in court, the …

Unlock The Music: Replacing Compulsory Music Licenses With Free Market Negotiation, Karen (Kai-Wen) Hsieh

Cardozo Journal of Conflict Resolution

To understand the impact that compulsory licenses have on the music industry, Section II of this Note focuses on the three major licenses for music compositions-the mechanical license, the performing rights license, and the sync license. Section III discusses why compulsory licenses no longer benefit the music industry and why free market negotiation is the superior approach. This section will also address the potential problems arising from free market negotiation, such as the power imbalance in negotiations between major record labels and new artists. Finally, Section IV proposes online mediation to remedy the difficulties that may occur due to unrestricted …

It Takes A Village: Using Seniors To Help Divorcing Families, Forrest S. Mosten, Lara Traum

Cardozo Journal of Conflict Resolution

The wisdom of an underappreciated elderly population can offer invaluable assistance to underserved pro-se litigants facing family conflict. This Article will uncover the confluent needs of the family court system and the growing elderly population in the United States. Section II of this Article will explain the struggles of the family court system, outline the historic role of the elderly in addressing family conflict, propose the creation of an Elder Volunteer Corps to address these communal needs, and discuss the benefits of creating such a corps. Section III will suggest logistical approaches to forming an Elder Volunteer Corps, focusing on …

Time To Pay College Athletes? Why The O'Bannon Decision Makes Pay-For-Play Ripe For Mediation, Andrew Steckler

Cardozo Journal of Conflict Resolution

Between the mounting pressure of public opinion, and continuing litigation in which various plaintiffs are seeking to take advantage of the player-friendly language in O'Bannon, the power dynamic in college athletics is shifting back towards the players. The previously uneven playing field is leveling. This Note examines how to inject mediation into the "pay-for-play" debate to better serve the interests of the NCAA, the major conferences (Big 10, SEC, ACC, Big 12, and Pac-12), and the student-athletes in the wake of O'Bannon. While litigation was necessary to start the process, ultimately, it will be up to the NCAA …

Shifting From 'Consent' To Advice: Reimagining The Role Of The Senate In Foreign Affairs, Benjamin Dynkin

Cardozo Journal of Conflict Resolution

This Note will begin by discussing the JCPOA, its history and enactment, as well as some of the hostile responses to its procedural posture. The procedural posture in this case is that of a Congressional-Executive Agreement, and this Note will examine what that means, as well as other methods that our Nation has for implementing foreign policy, and the issues that those options present. It will then examine Article II, section 2 of the United States Constitution and the JCPOA, and the weaknesses in the procedure of its enactment, as well as identifying where progress can be made in the …

Collective Bargaining In Rent Stabilized Buildings: How New York City's Rent Regulated Market Can Benefit From The Fundamentals Of Labor Law, Stephanie Gorin

Cardozo Journal of Conflict Resolution

There is an evident imbalance of power between the two parties, which is often exasperated by the costs, timing and intimidation of Housing Court. This Note will seek to explore how a "tenant group" should be formed. Although many tenants living in rent-regulated buildings are surrounded by fellow tenants in similar circumstances, many other rent regulated tenants are the sole tenant remaining in their building, still under the auspices of rent regulation. This Note will further seek to explore how sole rent regulated tenants can form and join tenant groups. Next, it proposes a system in which mediation, and, if …

Keeping Our Kids In School And Out Of Court: Rooting Out School Suspension Hearings And A New Alternative, Rachel Klein

Cardozo Journal of Conflict Resolution

This Note proposes an alternative model that can help a child improve his behavior in school, without removing the student from class. Section I of this Note examines the historical and legal context governing school suspension as a whole, specifically making reference to and analyzing New York State school suspension practices. Section II analyzes the effectiveness of school suspension and the methods used in New York to fix this system. In Section III, this Note proposes the use of arbitration as a superior mode of resolution and explains why Board of Education Arbitration is an effective model that helps students …

Mediating Domestic Violence Disputes In Chinese Immigrant Families In The U.S.: The Case For Court-Appointed Mediation Programs, Kevin Lam

Cardozo Journal of Conflict Resolution

Chinese immigrants, particularly those that lack legal status, have historically mistrusted the U.S. legal system. Not only are they wary of the adversarial nature of court proceedings, but also language and cultural barriers frequently prevent them from gaining meaningful access to relief. As a result, issues that arise from within the Chinese immigrant community are generally addressed privately or with the assistance of community leaders. In the case of domestic violence, cultural norms and values about gender roles typically deter battered immigrant women from seeking help in the first place. Undocumented immigrant women are more susceptible to deportation and are …

The Scrivener's Dilemma In Divorce Mediation: Promulgating Progressive Professional Parameters, Robert K. Collins

Cardozo Journal of Conflict Resolution

This Article starts with an examination of one state's relatively recent contribution to the controversy over divorce mediator drafting, and then tours the nation to illuminate the confusing array of approaches to this issue that have been adopted in different jurisdictions. It then steps back to examine the role that lawyers have traditionally played in assisting or impeding access to justice for divorcing couples, and explores why divorce mediation can now offer a more appropriate approach than classic lawyering to marital reorganization. It concludes with an endorsement of attorneymediators acting as scriveners for their clients, and explores an approach that, …

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 16, Iss. 3

Cardozo Journal of Conflict Resolution

No abstract provided.