Dispute Resolution and Arbitration Commons^™

Ai In Arbitration: A Chance To Lead, Not Only A Risk To Manage, Barry Appleton

Other Publications

No abstract provided.

Support The Icc As A Vital Court Of Last Resort For Victims Of Grave International Crimes, Jocelyn Getgen Kestenbaum, Gabor Rona

Online Publications

This public statement, issued on International Justice Day (July 17, 2026), affirms support for the International Criminal Court (ICC) as an independent judicial institution and a court of last resort for victims of genocide, crimes against humanity, war crimes, and the crime of aggression. Signed by more than 100 organizations and individuals, including legal scholars, practitioners, human rights advocates, and civil society organizations, the statement expresses concern over efforts to undermine the ICC's independence and functioning. It calls on the United States to reaffirm its longstanding commitment to the rule of law, judicial independence, and international accountability, emphasizing the importance …

Toward A Private Law Of Intimates' Obligations, Emily J. Stolzenberg

Faculty Publications

When former cohabitants ask courts to distribute property at the end of a nonmarital relationship, they usually lose—even when the partners were as economically intertwined as spouses. Family law scholars have traditionally criticized these cases in terms of longstanding gendered ideas about family relationships. This Article proposes a complementary account at the intersection of feminist and private law theory: that the law of voluntary obligations is not adequately developed to protect intimates’ cooperation. Although marital status law aims to safeguard thick cooperation between spouses and contract law captures a range of more market-based cooperation, for historically contingent reasons, little doctrine …

Las Vegas Police Protective Association V. City Of Las Vegas 142 Nev. Adv. Op. 41 (Jun. 03, 2026), Adrienne Jack-Sands

Nevada Supreme Court Summaries

The district court may determine whether a dispute is arbitrable, but the arbitrator must be the one to evaluate whether procedural prerequisites have been satisfied and adjudicate the underlying issue.

Intellectual Humility By Design: How Courts Earn Legitimacy And Improve Decisions, Steve Leben

Faculty Works

Courts decide disputes as one branch of our government. Their authority depends not only on getting the outcome right but also on public acceptance of their authority. In a time when confidence in institutions is under pressure, courts cannot assume that legitimacy will take care of itself. They must earn it—case by case—through both the substance of what they decide and the way they exercise authority in public view.

A large body of procedural-justice research explains one side of that equation. People are more willing to accept court decisions, even unfavorable ones, when the process communicates voice, neutrality, respect, and …

12-Year Report Of The Massachusetts Community Mediation Center Grant Program (Fiscal Years 2013 – 2024), Madhawa Palihapitiya, Karina Zeferino

Massachusetts Office of Public Collaboration Publications

This report examines the development, performance, and impact of the Massachusetts Community Mediation Center Grant Program during its first 12 years, covering fiscal years 2013 through 2024. Established under Massachusetts General Laws Chapter 75, Section 47, the Grant Program provides operational and programmatic funding to qualified community mediation centers offering free or low-cost dispute resolution services through trained community volunteers. The Massachusetts Office of Public Collaboration at the University of Massachusetts Boston administers and evaluates the program.

Over the period examined, the Commonwealth’s annual appropriation increased from $650,000 in FY2013 to approximately $3.2 million in FY2024. This investment stabilized community …

Cjcr Publishes Volume 27, Issue 2 (Symposium 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 27, Issue 2 (Symposium 2025). The print edition of the issue has also been released.

Accessible at Volume 27.2: Symposium 2025, this issue contains Articles by Sarah Rudolph Cole, Michael Z. Green, Jill I. Gross, and Amy J. Schmitz; Notes by Thomas Riley, Matthew Zelman, and Leora Perlstein; and a Commentary by Federica Simonelli.

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

Maurice Q. Robinson ’09 Honored At 16th Annual Ballsa Celebration, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Cardozo School of Law honored alumnus Maurice Q. Robinson ('09) at the 16th Annual BALLSA Celebration for his leadership, service, and commitment to mentoring students and strengthening the law school's alumni community. The event also recognized recipients of the BALLSA Scholarship and celebrated the contributions of Cardozo's affinity groups.

Mediation Training, Stephen L. Sherwin Dr, Brynn Koehler, Hayden Forthman

Justice, Law, and Public Safety Studies Department Faculty Conferences

No abstract provided.

Lennar Communities Nevada, Llc, And Greystone Nevada, Llc V. Pamela Whalen, 142 Nev. Adv. Op. 29 (Apr. 16, 2026), Christianne White

Nevada Supreme Court Summaries

Courts should employ a totality of the circumstances test when determining if a party acted inconsistently with the right to arbitrate.

Juvenile Justice Probation Officers Association V. Clark County, 123 Nev. Adv. Op. 45 (Apr. 09, 2026), Anastasia Vinson

Nevada Supreme Court Summaries

In Juvenile Justice Probation Officers Association v. Clark County, the Nevada Supreme Court held that a narrow arbitration clause is limited to its terms and cannot cover a statutory PREA termination outside its defined scope.

The Racial Implications For Black Claimants At The Federal Arbitration Act's Centennial, Michael Z. Green

Faculty Scholarship

On February 12, 1925, when President Calvin Coolidge signed into law an Act to make arbitration agreements "valid, irrevocable, and enforceable," no person could have expected that this new statute would ever apply to claims by Black litigants. A century later, that law, now referred to as the Federal Arbitration Act (FAA), has evolved to encompass disputes involving a broad array of claimants and processes where businesses enforce pre-dispute agreements to arbitrate. In examining whether Black claimants (businesses, consumers, and importantly, workers) may benefit from using arbitration, this Article investigates how the FAA, as enacted, never intended to address their …

Negotiating At A Distance: The Impact Of Communication Media And Negotiator Traits, Dorcas Quek Anderson, Tra My Ngo

Research Collection Yong Pung How School Of Law

Purpose – Prior research has yet to provide a coherent theoretical framework explaining how communication media hinder or advance negotiation success, and many dated studies are unlikely to be relevant. This study aims to examine the impact of four communication media on negotiation outcomes. It also examines the potential moderating effects of the following negotiator characteristics: conflict management style, personality traits and indirect communication style.Design/methodology/approach – A total of 400 participants formed 200 dyads to negotiate a mixed- motive relational conflict through face-to-face (FTF) interaction, videoconferencing, audio call or synchronous text messaging. Linear mixed regression was used to assess the …

Law, Conflict, And Hybrid Warfare: A Teaching Imperative For A Changing World, Cynthia Alkon, Andrea K. Schneider

Articles

Lawyers increasingly find themselves at the frontlines of the battlefield, just not in the traditional sense. Hybrid warfare is a conflict form that combines traditional military offensive measures with nontraditional methods, including the harnessing of legal systems to achieve strategic goals. Lawyers have always been at the frontline of typical legal risk assessment, thinking about a client’s risk of liability or regulation costs generally. Now, lawyers must stand at the ready for a lot more: lawyers must be prepared for cyber-attacks, disinformation campaigns using artificial intelligence, the use of court systems to suppress reporting or shield bad actors, and so …

The Changing Legal Landscape Of Cookie Banner Claims: Is Arbitration The Answer?, Jared Berklee

Cardozo Journal of Conflict Resolution (CJCR) Blog

Website cookie banners have become a ubiquitous part of internet browsing and are often overlooked by the average consumer. When cookies malfunction or a website operator fails to obtain proper user-consent, it creates risk for potential privacy-related litigation regarding misrepresentation of data-collection practices. In several recent class action lawsuits filed in California, plaintiff-users claim to have opted out of non-essential cookies, but malfunctioning cookie banners continued to log user information. Often alleging unauthorized interception of their electronic communications under the California Invasion of Privacy Act (CIPA) or intrusion upon seclusion, consumers have brought claims against a variety of entities, including …

How The Irs Is Trying To Encourage Taxpayer Buy-In Post-Appeal Mediation, Lingxi Qu

Cardozo Journal of Conflict Resolution (CJCR) Blog

With the 2025 tax return season underway, taxpayers may have dispute resolution options if tax-related disagreements with the IRS occur. Before pursuing litigation, taxpayers can pursue several dispute-resolution options provided by the IRS, including fast track (“FTS”), early referral, and post-appeals mediation. Choosing an appropriate program depends on the status of the disputes and who is currently managing your case. When taxpayers have ordinary unsuccessful appeals negotiations, they can file a request to the IRS Independent Office of Appeals for a non-binding mediation.  This will allow a neutral third-party to facilitate conversations between parties without experiencing costly and exhaustive litigation, …

Alternative Negotiators: Why It Is Important To Change The Negotiators Between Russia And Ukraine, Abraham Mandelbaum

Cardozo Journal of Conflict Resolution (CJCR) Blog

Since Russia’s annexation of Crimea in 2014, and especially after its full-scale invasion in 2022, repeated diplomatic efforts, primarily between the U.S. and Russia, and to a lesser extent between the U.S. and Ukraine, have failed to produce a lasting peace. For example, in 2025, President Vladimir Putin proposed a new round of ceasefire talks in Istanbul following the expiration of a unilateral three-day truce and renewed drone attacks on Kyiv. European leaders and Ukrainian President Volodymyr Zelenskyy rejected the proposal, insisting that any negotiations must begin with an unconditional ceasefire. Since then, neither side has unconditionally surrendered.

The print …

The Aaa’S Next Frontier: Family Mediation, Elena Foley

Cardozo Journal of Conflict Resolution (CJCR) Blog

As of January 28, 2026, the American Arbitration Association (AAA) has expanded its services to a group quite different from its usual clientele: families. The AAA has begun offering family mediation services and other tailored alternative dispute resolution options designed to meet the unique needs of families navigating separation, divorce, co-parenting, and other domestic matters. The program features a dedicated family mediation panel, made up of skilled mentors, retired judges, former court attorneys, and family law practitioners. These professionals are trained to handle emotionally charged disputes and to help parties work through complex personal and financial issues. The panel will …

The Mysterious Federal Policy In Favor Of Arbitration: Festschrifts Squared, Robert H. Smit

Faculty Scholarship

As far as I can tell, John Fellas and I think alike on most things, both as practicing international arbitrators and as professors of international arbitration law. As arbitrators in practice, all of the awards we have rendered together — whether John chaired, I chaired or we both served as party-appointed arbitrators — were unanimous awards. As professors in academics, we both independently submitted essays — on the occasion of a festschrift in honor of Professor George Bermann — addressing related issues concerning the federal policy in favor of arbitration in the United States. John’s festschrift essay is entitled “ …

The Supreme Court's Policy Favoring Arbitration And Its Limits, George A. Bermann

Faculty Scholarship

While the federal policy favoring arbitration is codified in the 1925 Federal Arbitration Act (FAA), the strength of that policy depends on the treatment that arbitration receives in federal courts and in the United States Supreme Court in particular.

Courts in all jurisdictions play an important role in fashioning the treatment of arbitration agreements, arbitral proceedings and arbitral awards. However, the judicial role in this regard is especially pronounced in the United States, in view of the problematic state of legislation on the subject. The federal legislation on arbitration is 100 years old and has never been meaningfully amended. The …

Cjcr Publishes Volume 27, Issue 1 (Fall 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 27, Issue 1 (Fall 2025). The print edition of the issue has also been released.

Accessible at Volume 27.1: Fall 2025, this issue contains a transcript from the Twenty-Fourth Annual International Advocate for Peace Award, Honoring Dr. Zafra M. Lerman; a transcript from the United States Court of Appeals for the Second Circuit; Articles by Yael Efron and Kristen M. Blankley; and Notes by Jilly Horowitz, Michele Kallo, and Natalie Pearson.

Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez

Faculty Scholarship

Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …

The Case For An African Investment Court (Aic), Won L. Kidane

Faculty Publications

No abstract provided.

Lela Love Receives Charles M. Newman Award For Contributions To Dispute Resolution And Mediation Community, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Lela P. Love, Professor of Law (Emerita) and Founding Director of the Kukin Program for Conflict Resolution, received the Charles M. Newman Award from the New York State Bar Association's Dispute Resolution Section in recognition of her outstanding contributions to the fields of mediation and dispute resolution. The announcement also highlights her pioneering role in establishing Cardozo's nationally recognized dispute resolution program.

Ai Arbitrators: Bridging Human And Machine Judgment In Construction Law, Mari Maloul

Cardozo Journal of Conflict Resolution (CJCR) Blog

In an industry guided by complex contracts, intense regulations, and narrow margins, disputes within construction are bound to occur. Internationally, arbitration has long established itself as a go-to method for resolving these disputes. On November 3, 2025, the American Arbitration Association’s International Centre for Dispute Resolution (“AAA-ICDR”) launched an AI-powered arbitrator tool which will revolutionize the future of construction arbitration. This machine learning system was created to recreate the human-like decision making process, yet still emphasizes the importance of human input as human arbitrators remain on board for reviewing final drafts. The AI arbitrator assesses claims “emulate[ing] human judgment,” provide …

Why Ai May Be Your Best Negotiation And Mediation Coach, John Lande

Faculty Publications

This article explores the role of artificial intelligence (AI) tools as negotiation and mediation coaches.  Drawing on research from negotiation, mediation, and consumer behavior, the article explains why bots can sometimes coach more effectively than humans.  In this role, they offer on-demand support that can help users prepare strategically and reflect honestly.  This support is especially valuable when seeking help from a human would feel too risky or awkward.

The article cautions against use of AI for roles requiring emotional intelligence, discretion, or legitimacy, such as negotiators, mediators, or arbitrators.  It distinguishes between AI as a thinking partner and AI …

Dokdo/Takeshima And Maritime Delimitation Between The Republic Of Korea And Japan: A Comment On Icj Dispute Resolution, Katherine Angell

Celebrating WCL Student Authors

The Republic of Korea (Korea) should agree to submit the issue of sovereignty over Dokdo/Takeshima and the issue of maritime delimitation in the East Sea/Sea of Japan to the International Court of Justice (ICJ) because the ICJ is likely to decide that Dokdo/Takeshima is Korean territory and the tensions in the East Sea/Sea of Japan can be resolved to allow further cooperation between the two nations. The ICJ is the primary avenue for peacefully resolving territorial and maritime delimitation disputes between nations, and the ICJ has developed a substantial body of case law analyzing these issues. The ICJ considers various …

Massachusetts Community Mediation Center (Cmc) Grant Program: Fiscal Year 2025 Evaluation Report, Madhawa Palihapitiya, Karina Zeferino

Massachusetts Office of Public Collaboration Publications

The CMC Grant Program remains a vital statewide investment in equitable access to justice and community well-being in Massachusetts. In FY2025, the Commonwealth allocated $3,100,202 to the Program, with $2,376,002 awarded directly to 12 community mediation Centers for operational support, technical assistance, and participation in statewide initiatives. These funds continued to serve as the financial foundation of the community mediation system, accounting for half of Centers’ collective revenue and enabling them to leverage an additional $2,435,797 from private, municipal, state, and federal partners—demonstrating strong public return on state appropriations. Despite a funding reduction in FY2025, the Program generated …

Looking Forward, Reflecting Back: The Promise Of Dispute Resolution To Reform The Criminal Legal System, Cynthia Alkon

Faculty Scholarship

The criminal legal system in the United States is plagued by serious and systemic problems. There have been countless efforts at reform over the last many decades that have included changes in what is a crime, how crimes are punished, how prosecutors do their job, and changes in policing. Yet, despite these efforts, problems such as mass incarceration remain deeply embedded. It is easy to be swept up in pessimism when discussing the criminal legal system. Change is hard, at best incremental, and we seem to be in the beginning of an era of backlash against recent reforms. This is …

When Back To Work Orders Fail: Lessons From Air Canada For U.S. Labor Policy, David Schwartz

Cardozo Journal of Conflict Resolution (CJCR) Blog

In August 2025, 99.7% of Air Canada flight attendants agreed to strike, triggering what quickly became one of the most visible labor disputes in North America. Within hours, the government declared the strike unlawful and issued a back‑to‑work order. On paper, this should have ended the disruption. In practice, it did not. Thousands of flight attendants, organized under the Canadian Union of Public Employees (CUPE), defied the order and continued protesting. CUPE believed the process was unfair, claiming the airline refused to bargain fairly knowing the government would intervene to preserve operations. The strike paralyzed operations at Canada’s largest airline …