Dispute Resolution and Arbitration Commons^™

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 …

A New Generation Of Peace Missions?: Exploring The Colombian Case, Rut Diamint, Laura Tedesco

Cardozo Journal of Conflict Resolution

he UN Security Council approved the establishment of a political mission in Colombia. The UN Verification Mission in Colombia to monitor the reintegration of FARC-EP has two precise objectives: to verify the bilateral cessation of fire and hostilities, and to accompany the process of laying down the FARC-EP’s arms. This article analyzes this UN mission in Colombia to ascertain if it can be considered one of a new generation of peacekeeping missions. The final statement considers if the model of the Colombian mission could be implemented in other conflicts around the world.

Careful Training Does Eliminate Gender-Based Negotiation Differences, Charles B. Craver

Cardozo Journal of Conflict Resolution

No abstract provided.

Judicial Conflict Resolution In Plea Bargaining As The Golden Mean Between The Adversarial And Inquisitorial Legal Systems, Golan Luzon

Cardozo Journal of Conflict Resolution

This article seeks to develop a better understanding of plea bargaining as a mechanism of judicial conflict resolution in criminal law. Plea bargaining plays a significant role in both the adversarial and inquisitorial legal systems. The article examines how the plea-bargaining model is designed in both legal systems by comparing two civil law countries (Italy and Germany) with two common law countries (England and Wales and the U.S.). I argue that two developments-a mechanism similar to plea bargaining in inquisitorial systems and judges' participation in the criminal plea bargaining negotiations in adversarial legal systems-are part of the same phenomenon seeking …

Mediation As An Alternative To Litigation For Child Custody Disputes For Incarcerated Parents, Maria Abbruzzese

Cardozo Journal of Conflict Resolution

This Note will discuss the background of family law and mediation in America, including the "best interests of the child," how its vague application limits incarcerated parents' rights, and how litigation can lead to an arrangement that is not in the child's best interests. This Note will introduce the Family Dispute Resolution Act, which is legislation enacted in New Zealand that designed a framework for mediation for incarcerated parents. This Note will introduce the problems that incarcerated parents and children of incarcerated parents face in the United States and New Zealand. In the Discussion section, this Note will discuss why …

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.

Sponsors

Cardozo Journal of Conflict Resolution

We sincerely thank all the sponsors for their generous support.

The primary financial sponsors were the Benjamin N. Cardozo School of Law and Touro College Jacob D. Fuchsberg Law Center.

Other valuable financial sponsors were the International Academy of Mediators (IAM), the Federal Bar Association Federal Litigation Section, and the Federal Bar Association Alternative Dispute Resolution Section.

Singapore Symposium Program

Cardozo Journal of Conflict Resolution

This program outlines the proceedings of The Singapore Mediation Convention: Compliance with Cross-Border Mediated Settlement Agreements symposium, held on March 18, 2019, at the Benjamin N. Cardozo School of Law in collaboration with Touro College. Hosted by the Cardozo Journal of Conflict Resolution, the symposium brought together legal scholars, practitioners, and international delegates to discuss the significance, development, and practical implications of the Singapore Mediation Convention. Panels explored the Convention’s legal framework, empirical data on its necessity, enforceability mechanisms, and its interactions with other international instruments, providing a comprehensive analysis of its potential to transform international dispute resolution through mediation.

The Singapore Convention Is Live, And Multilateralism, Alive!, Natalie Y. Morris-Sharma

Cardozo Journal of Conflict Resolution

No abstract provided.

The United Nations Commission On International Trade Law (Uncitral) And The Significance Of The Singapore Convention On Mediation, Corinne Montineri

Cardozo Journal of Conflict Resolution

This paper outlines how the UNCITRAL drafting process that produced the Singapore Convention on Mediation functions within the United Nations and explains the significance of the Singapore Convention for the United Nations and for promoting cross-border trade and investment.

Evaluating The Singapore Convention Through A U.S.-Centric Litigation Lens: Lessons Learned From Nearly Two Decades Of Mediation Disputes In American Federal And State Courts, James R. Coben

Cardozo Journal of Conflict Resolution

This chapter assesses the likely efficaciousness of the Singapore Mediation Convention based on nearly two decades experience of systematically tracking and studying mediation litigation in the U.S. federal and state courts.

The Role Of Empirical Research And Dispute System Design In Proposing And Developing International Treaties: A Case Study Of The Singapore Convention On Mediation, S. I. Strong

Cardozo Journal of Conflict Resolution

This Article seeks to provide insights into the "black box" of early treaty-making processes by undertaking a case study of the development of the United Nations Convention on International Settlement Agreements Resulting from Mediation, known colloquially as the Singapore Convention on Mediation (Singapore Convention). The discussion focuses on several issues that have seldom been addressed in the legal literature, including the way in which a proposal for an international treaty makes its way to the relevant decision-makers and how those decision-makers determine which of the various alternatives to pursue. The analysis also considers how interested individuals can assist the treaty-proposing …

Report On Empirical Study Of Business Users Regarding International Mediation And Enforcement Mechanisms, David S. Weiss, Michael R. Griffith

Cardozo Journal of Conflict Resolution

This report will proceed as follows. Part II describes the methodology of the IMI and NJCU IDR study in conjunction with analyzing the GPC Survey. Part III provides basic information of the demographics of the users, their sectors of business, and other pertinent data that can be useful for further academic scholarly review. Part IV analyzes the user's response to the surveys. Part V will analyze pertinent questions from the GPC Survey. Finally, Part VI provides concluding thoughts on the results of this report.

The responses to the survey questions will be provided if requested with personal identifying information removed …

What's In A Name? The Terms "Commercial" And "Mediation" In The Singapore Convention On Mediation, Ellen E. Deason

Cardozo Journal of Conflict Resolution

One could interpret Shakespeare's famous quote as standing for the proposition that labels do not alter the essence of the thing named. In this article I draw inspiration from the quote to provide a foil for examining the use of the terms "commercial" and "mediation" in the Singapore Convention and Mediation Model Law. I will consider how the terms are framed and defined, the extent to which the names and their associated meanings introduce new ideas, and how their use might matter for the interpretation of important concepts in these instruments. Part I of the article discusses the term "commercial" …

The Singapore Convention: When Has A Mediation Taken Place (Article 4)?, Allan J. Stitt

Cardozo Journal of Conflict Resolution

As delegates to UNCITRAL Working Group II, our task was to come up with a Convention that would facilitate enforcement of mediated settlements by assisting the parties who are seeking enforcement while making it harder for those who try to renege on their commitments. This is an important lens through which to view and understand the Convention drafted by the Working Group.

Grounds To Refuse The Enforcement Of Settlement Agreements Under The Singapore Convention On Mediation: Purpose, Scope, And Their Importance For The Success Of The Convention, Héctor Flores Sentíes

Cardozo Journal of Conflict Resolution

This article will attempt to: (i) explain the purpose behind the drafting of the grounds to refuse enforcement; (ii) describe the scope of these defenses, based on the deliberations of the Working Group that drafted the Singapore Convention; and finally, (iii) briefly comment on the relationship between the scope of the defenses and the likelihood of the success of the Singapore Convention.

The Life Of Arbitration Law Has Been Experience, Not Logic: Gorsuch, Kavanaugh, And The Federal Arbitration Act, William F. Fox, Ylli Dautaj

Cardozo Journal of Conflict Resolution

Over the past 50 years, the international business community has settled on the device of international commercial arbitration to resolve the overwhelming number of disputes that arise in their commercial agreements. One reason is that many business people are suspicious of the domestic courts of many host countries and have always sought the comfort of a neutral forum. Arbitration is neutral (i.e., not tied directly to any particular domestic legal system), efficient and confidential. Much of this evolution has been triggered by events in the United States-in particular a long series of United States Supreme Court decisions that ended the …

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.

Digital Accessibility And Disability Accommodations In Online Dispute Resolution: Odr For Everyone, David Larson

Faculty Scholarship

Court systems are exploring and beginning to adopt online dispute resolution (ODR) systems, and it is critical that they make digital accessibility a priority. Even though we need to pay close attention to ODR developments in court systems, we cannot overlook the fact that there are ODR providers in the private sector whose systems also must be accessible for persons with disabilities. Plaintiffs filed more ADA Title III website accessibility lawsuits in federal court for the first six months of 2018 than in all of 2017. There were at least 1053 such lawsuits in the first six months of 2018, …

Designing And Implementing A State Court Odr System: From Disappointment To Celebration, David Larson

Faculty Scholarship

For the past two and one-third years I have had the pleasure of working with the New York State Unified Court System to design and implement an online dispute resolution (ODR) platform. It truly has been an interesting, educational, at times character-building, and ultimately tremendously valuable experience. This article will share specific design components from the ODR platforms we proposed as well as some of the critical lessons I learned. The hope is that it will be helpful to those either contemplating, or in the process of implementing, a court integrated ODR system.

Understanding The Interaction In Mediation Caucuses: Negotiation Positions, Disputant Assessments, Bias And Neutrality, Angela Cora Garcia

Natural & Applied Sciences Faculty Publications

Previous research on how mediation helps disputing parties to reach resolution has not addressed the interaction in caucuses (i.e. separate meetings) between mediators and individual disputants which may be held in addition to the joint mediation sessions. This discourse-analytic study of videotaped mediation caucuses reveals both constructive and potentially problematic aspects of participants’ interaction during the caucuses. While some disputants engaged in constructive actions, such as articulating their bottom line negotiating position or sharing information with the mediator which had not been revealed in the joint session, others produced negative assessments of the opposing disputants. Also, mediators’ openness in expressing …

Why Police Should Protect Complainant Autonomy, Randall K. Johnson

Faculty Works

This Essay does its work in, at least, three ways. First, it encourages better use of scarce public sector resources by calling for reform of the police complaint intake process. Next, this Essay identifies the causes of police complaint inefficiencies by critically-assessing how intake is done by the Chicago Police Department (CPD). Lastly, it provides guidance about how to achieve CPD intake reform by better protecting complainant autonomy. Complainant autonomy, at least in this Essay, is defined as a real party in interest’s (i.e. an injured citizen’s) right to control how its allegations are framed by a nominal plaintiff (i.e. …

The View From Minnesota: How Early Neutral Evaluation Can Help In Family Cases, Kelly Browe Olson, Marty Swaden

Law Faculty Scholarship

No abstract provided.

First Principles For Forum Provisions, Daniel B. Listwa, Bradley J. Polivka

Cardozo Law Review de•novo

In this Essay, the authors argue that the Delaware Chancery Court's opinion in Sciabacucchi v. Salzberg, which appeals to territoriality as a decisive “first principle,” is deeply misguided. The notion that each state’s legislative jurisdiction is bounded by its territorial limits is a formalist and arbitrary notion that has been broadly rejected by various jurisdictions, including Delaware. Moreover, an opinion truly grounded in “first principles” would take comity—the basic framework for choice of law in the early Republic—as its lodestar, necessitating a functionally and strategically sensitive approach to determining the validity of the federal forum provisions. In this case, comity …

Anatomy Of A Baseball Law Course, Robert M. Jarvis

Marquette Sports Law Review

None

Med-Arb And Professional Sports: Could Med-Arb Work As An Effective Dispute Resolution Process In Professional Sports?, Taylor Brisco

Marquette Sports Law Review

None

Arbitration, John Allen Chalk Sr.

SMU Annual Texas Survey

No abstract provided.

Retour Sur L’Affaire De L’Alabama: De L’Utilité Et De L’Histoire Pour L'Arbitrage International, William W. Park, Bruno De Fumichon

Faculty Scholarship

For any aficionado of international law and international arbitration, the 1872 Alabama case represents a rich historical landmark, as promising a mine as the wreck of the Confederate Ship Alabama itself, sunk off Cherbourg, in 1864, by the United States Ship Kearsarge. This arbitration represents a turning point in relations between the United States and Great Britain, from repeated conflict to a “Special Relationship” that has grown stronger during the past century and a half. The case also marked the revival of international arbitration, after centuries of uncertainty. Not least, the case introduced long-lasting procedural innovations: the neutral collegial tribunal, …

Unity And Diversity In International Law, William W. Park

Faculty Scholarship

The primordial Greek sea-god Proteus could alter his shape at will, notwithstanding that his divine substance remained the same. Reinventing himself by adapting to new circumstances, Proteus still stayed unchanged in essence.

Unlike the sea-god’s protean nature, the substance of international law may well undergo alterations when examined through the telescope of legal culture, or with predispositions of divergent educational backgrounds. For the thoughtful reader, scholarly speculation on such variations will be triggered by reading Is International Law International?. In that book, Professor Anthea Roberts explores a variety of elements in the teaching and practice of international law, viewed …