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Book Review: Mediation Ethics: A Practitioner's Guide Edited By Omer Shapira Ed, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

A review of the book Mediation ethics: A practitioner's guide, edited by Omer Shapira. Mediation ethics have been consistently featured in mediation training courses and mediation ethical principles have also been encapsulated in mediation providers’ codes of conduct for mediators. However, mediation ethics have probably inspired fewer publications and academic discussions than the popular topic of mediation skills. It is thus timely that Shapira has edited this publication focusing on mediation ethics. Published in 2021, this collection of reflections on mediation ethics has been written primarily for the American mediation profession, with frequent references made to the US Model Standards …

Houston, We Have A Problem In The Dispute Resolution Field, John M. Lande

Faculty Blogs

Parties are supposed to actively participate in mediation (and other dispute resolution processes to some extent), and thus they need to understand what experts are saying. Lawyers representing clients in mediation especially need to understand the process to fulfill their ethical responsibility of competence. And certainly mediators should understand basic concepts of mediation.

Boba Fett, Bounty Hunters, And The Supreme Court’S Viking River Decision: A New Hope, Imre S. Szalai

Washington and Lee Law Review Online

The United States Supreme Court recently issued a fractured decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (June 15, 2022), a classic David v. Goliath clash between a worker and employer. Can arbitration agreements be used to eliminate group or representative actions brought against employers, where the plaintiff worker is serving as a bounty hunter for the State? Although the majority clearly holds that a worker’s individual claims must be sent to arbitration pursuant to a predispute arbitration agreement, the splintered opinions leave some uncertainty regarding what happens to the representative claims of the other …

The Amazing Carrie Menkel-Meadow And What Wins When Passions Collide, Lela Porter Love

Texas A&M Law Review

Carrie Menkel-Meadow (sometimes referred to as “Carrie” herein) is famous in the dispute resolution world as one of the field’s founders. Her prolific writing on dispute resolution—negotiation, mediation, arbitration, and the variants of these major processes—evidences an unrivaled passion for the subject. A renaissance thinker, her intellectual explorations also extend to other areas such as women’s rights and restorative justice for victims of egregious wrongs.

Her multiple passions sometimes create dynamic tensions. For example, what happens if mediation norms threaten a woman’s rights? Or if mediators divert the focus of a dispute resolution process to the future, neglecting a horrific …

Introduction To The Renaissance Woman Of Dispute Resolution: Carrie Menkel-Meadow’S Contributions To New Directions In Feminism, Ethics, And Adr, Nancy A. Welsh

Texas A&M Law Review

Introduction to Texas A&M Law Review's 2022 Symposium Issue

Choices: The Many Routes To Justice And Peace With Dispute Resolution, Ethics, And Feminism, Carrie Menkel-Meadow

Texas A&M Law Review

As Yogi Berra once said, “When you come to a fork in the road. . . . take it[!]” Our lives present us all with choices—personal and professional. My professional life has been filled with efforts to create more choices of process and ethical and political commitments to seek a more just world. I began as a poverty and civil rights lawyer and sought effective and creative ways to solve problems, notably when court-based solutions were too “brittle” and binary and did not solve the underlying problem. I have looked at legal problem solving through the lens of interdisciplinary approaches …

It’S In The “Telling” (By Asking): A Passover Analogy To Explain The Enduring Foundational Nature Of Carrie Menkel-Meadow’S Dispute Resolution Scholarship, James R. Coben

Texas A&M Law Review

One true measure of whether ideas are “foundational” is whether they will resonate with future generations. Judaism, one of the world’s oldest religions, offers an annual ritual—the Passover Seder—that exemplifies success in passing down foundational ideas. That ritual, among other things, posits that to tell an enduring story, it must be told in ways that inspire many different kinds of people—with widely disparate motivations, perspectives, and abilities—to engage with, relate to, and understand the story. This Essay asserts that Carrie Menkel-Meadow’s dispute resolution scholarship is very much a successful “telling” with many characteristics remarkably similar to the Passover Seder. And …

Process Pluralism In The Post-Covid Dispute Resolution Landscape, Orna Rabinovich-Einy

Texas A&M Law Review

Among her numerous contributions as a founder of the field, Professor Menkel-Meadow coined and developed the term “process pluralism,” one of the most influential concepts in the dispute resolution arena. Process pluralism serves both as a descriptive lens in observing the dispute resolution landscape and as a normative prism through which various procedural schemes can be evaluated and procedural reform can be devised.

In the last few years process pluralism has gained new meaning as diversity in procedural avenues increasingly encompassed a broader range of mediums. Initially, such additional procedural choices existed mainly in written asynchronous form, but with the …

Carrie Menkel-Meadow: Leading Us Toward Justice And Peace, Jean R. Sternlight

Texas A&M Law Review

This Essay explores how Carrie Menkel-Meadow’s life and work have both highlighted the path of “And”—showing and explaining that it is not only possible but also desirable to seek justice as well as peace, to be both activist and neutral. Of course, tensions will remain. Regarding particular issues in specific moments we all must decide which path we can and should take. Which activism is best, and which goes too far? With whom can we or should we negotiate, and when should we instead say, “I can’t negotiate with this person or group”? When should we talk and listen, and …

Pluralistic Professionalisms: Religious Identity, Excluded Voice, And A Toolkit For The Periphery, Swethaa S. Ballakrishnen

Texas A&M Law Review

Assimilation of new entrants into the legal profession has been a signature strain of Carrie Menkel-Meadow’s research. Even if the empirical particularities have since evolved, her pathbreaking research on women lawyers and gendered lawyering processes remain prime examples of socio-legal work on lawyers with important theoretical extensions. For example, in Portia in a Different Voice, her now classic piece from 1985, Menkel-Meadow analyzes how numbers alone are insufficient indicia of feminization within the legal profession. Beyond the description of the state of the legal profession at the time of writing, her argument that we should pay attention to what lawyers …

Feminist Legal Theory And #Metoo: Revisiting Tarana Burke’S Vision Of Empowerment Through Empathy, Penelope E. Andrews

Texas A&M Law Review

It is my purpose to ground this Article in ubuntu and the politics of radical love as applied to the goals of #MeToo and its pursuit of redress for victims of sexual harms. Part II explores the convergences and divergences of #MeToo with feminist campaigns of an earlier era. Part III questions whether a renewed quest for gender equality, largely spawned by a Twitter/social media campaign, may lead to sustainable change built on notions of empathy and restorative justice, which was the vision espoused by Carrie in her work and which influenced Tarana Burke when she founded #MeToo. Part IV …

Ethical Negotiation And Postcapitalist Politics: An Essay For Carrie, Amy J. Cohen

Texas A&M Law Review

In a 1983 article, Legal Negotiation: A Study of Strategies in Search of a Theory, Carrie Menkel-Meadow took stock of what was motivating a diverse range of scholars to want to reimagine negotiation theory. She described these negotiation scholars as shaped by the exigencies of their own political moments. Some were lawyers concerned about too much litigation of an unsatisfying quality. Many, however, were concerned more broadly about “the general level of hostility in the world,” even haunted by the possibility that nuclear weapons could destroy all of humanity. Negotiation scholars included “[e]conomists and game theorists . . . concerned …

Carrie Menkel-Meadow: Dispute Resolution In A Feminist Voice, Andrea Kupfer Schneider

Texas A&M Law Review

The presence of women in the law has changed the law’s substance, practice, and process. Carrie Menkel-Meadow, whose scholarship centers on this theme, is one such revolutionary woman.

Professor Menkel-Meadow, who I am proud to call my colleague, co-author, and friend (hereinafter referred to as Carrie), began her career in 1977 with a series of simple questions that sparked a breathtaking body of work. Carrie probed the depth of male domination in the realm of law and wondered what changes female representation might engender. In particular, she focused her inquiry on the value orientation each respective gender might bring to …

Appendix To “The Amazing Carrie Menkel-Meadow And What Wins When Passions Collide”, Lela Porter Love

Texas A&M Law Review

Appendix to “The Amazing Carrie Menkel-Meadow and What Wins When Passions Collide”

Kukin Program Newsletter – Fall 2022, Kukin Program For Conflict Resolution

Kukin Program Newsletters

The Kukin Program Newsletter – Fall 2022 celebrates leadership transitions, achievements, and initiatives at Cardozo Law School's Kukin Program for Conflict Resolution. Andrea Kupfer Schneider joins as Director, succeeding founding director Lela Love, with Robyn Weinstein taking on key roles in the Mediation Clinic. Faculty aided Ukrainian law students with skills training, and ADR Competition Honor Society members achieved international and domestic victories. The program awarded Boskey Restorative Justice Fellowships to students working on impactful community projects. Events like the Melnick Symposium explored critical topics, while William Ury received the International Advocate for Peace Award for his global conflict resolution …

Expanding The Idea To Mitigate Disproportionality Of English Language Learners In Special Education, Hannah R. Kramer

Cardozo Journal of Equal Rights & Social Justice

The note addresses the disproportionate representation of English Language Learners (ELLs) in special education, arguing that the Individuals with Disabilities Education Act (IDEA) is insufficient in addressing their unique linguistic and cultural needs. It advocates for reforms to the IDEA, including enhanced pre-evaluation screening, culturally sensitive assessments, and an expanded definition of the Least Restrictive Environment (LRE) to ensure ELLs receive appropriate educational support without misclassification.

The End Of Forced Arbitration Of Sexual Violence And The Uncertain Future, Heidi M. S. Sandomir

Cardozo Journal of Equal Rights & Social Justice

The note argues that forced arbitration clauses in employment contracts systematically deny justice to survivors of workplace sexual violence by shielding employers from accountability and limiting legal recourse. While the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) represents a step forward by invalidating predispute arbitration agreements for sexual assault and harassment claims, it falls short of fully addressing the issue due to gaps in retroactive application, inconsistent court interpretations, and lack of alignment with Title VII. The note calls for broader legislative reforms to eliminate forced arbitration in all discrimination cases and ensure survivors' access to …

Non-Satisfaction Of Pre-Arbitration Requirements: Moving Away From Conditions Precedent Towards The Admissibility Of A Claim – Nwa V Nvf, Darius Chan, Joel Soon

Research Collection Yong Pung How School Of Law

In earlier cases, the non-satisfaction of pre-arbitration requirements has been analysed by the Singapore and English courts by reference to the issue of conditions precedent. It was assumed without argument that, if a requirement was construed as a condition precedent, the failure to satisfy that requirement would deprive the tribunal of jurisdiction. More recently, English and Hong Kong case law has focused on a different issue, asking whether the failure to meet the pre-arbitration requirement affects the tribunal’s jurisdiction or the admissibility of the claim. This case note analyses whether the Singapore courts should follow suit.

Automating Discrimination: Ai Hiring Practices And Gender Inequality, Lori Andrews, Hannah Bucher

Cardozo Law Review

No abstract provided.

The Amazing Carrie Menkel-Meadow And What Wins When Passions Collide, Lela Love

Articles

Carrie Menkel-Meadow (sometimes referred to as “Carrie” herein) is famous in the dispute resolution world as one of the field’s founders. Her prolific writing on dispute resolution—negotiation, mediation, arbitration, and the variants of these major processes—evidences an unrivaled passion for the subject. A renaissance thinker, her intellectual explorations also extend to other areas such as women’s rights and restorative justice for victims of egregious wrongs.

Her multiple passions sometimes create dynamic tensions. For example, what happens if mediation norms threaten a woman’s rights? Or if mediators divert the focus of a dispute resolution process to the future, neglecting a horrific …

Carrie Menkel-Meadow: Dispute Resolution In A Feminist Voice, Andrea K. Schneider

Articles

The presence of women in the law has changed the law’s substance, practice, and process. Carrie Menkel-Meadow, whose scholarship centers on this theme, is one such revolutionary woman.

Professor Menkel-Meadow, who I am proud to call my colleague, co-author, and friend (hereinafter referred to as Carrie), began her career in 1977 with a series of simple questions that sparked a breathtaking body of work. Carrie probed the depth of male domination in the realm of law and wondered what changes female representation might engender. In particular, she focused her inquiry on the value orientation each respective gender might bring to …

Peer Mediation: A New Opportunity In St. Louis City Schools, Beatrice Connaghan

SLU Law Journal Online

Mediation is often used in legal disputes, but what happens when the same process is applied to children in order to deter conflicts and avoid the need for school administration intervention? In this article, Beatrice Connaghan discusses the process of training students to become peer mediators to deter conflicts in St. Louis Schools.

Collaborative Processes And Family Engagement, Kelly Browe Olson

Law Faculty Scholarship

No abstract provided.

The Non-Applications Of Good Faith, Trust, And Confidentiality In Arbitration: A Study Of The Annulment Cases In Indonesia, Anangga W. Roosdiono, Muhamad Dzadit Taqwa, Mayta Ciara Salsabila

Indonesia Law Review

Arbitration is a dispute resolution method that is chosen by the parties for, mainly, avoiding weaknesses of resolving disputes through the general court. It has three principles, that strongly connect to one another, to hold: good faith, trust, and confidentiality. These principles determine whether a dispute resolution through arbitration will be successful. However, in many - if not all - cases, many disputing parties still do not maintain these principles. This reality can be observed in annulment cases. Although the annulment mechanism renders a protection to the parties from the errors made by intention, this mechanism opens an opportunity for …

Most Favoured Nation Clause: Unleashing Its Legal Potential In Favour Of Foreign Investors In Renewable Energy Sector, Mohammad Akefi Ghaziani, Vahid Akefi Ghaziani, Moosa Akefi Ghaziani Dr.

Indonesia Law Review

International Investment Law and other international legal systems, such as trade law and environmental law have interactions and dynamic interrelationships in meeting global challenges including energy security, climate change, and the need for the renewable energy transition. They help in delivering the principles of justice in the context of changing global values and legal practices. Accordingly, they have a potential share in the global climate change mitigation agenda through innovative policies and regulations, inter alia, to facilitate and promote foreign investment and trade in the renewable energy sector. Similarly, these systems have common principles in their respective agreements. The Most-Favoured …

Brian Flores's Employment Discrimination Lawsuit Against The Nfl: A Game Changer Or Business As Usual?, Michael Conklin, Jennifer Barger-Johnson, Marty Ludlum

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

The Novelty In Terms Of Jurisdiction And Procedural System For The Enforcement Of Foreign Arbitration Awards In The United Arab Emirates, Prof. Sayed Mahmoud Ahmed, Dr. Mudhafar Jaber Al-Rawi

UAEU Law Journal

يجسد التنفيذ الاختياري والجبري غاية طلب التحكيم لكل من يحصل على حكم يحقق المراد من الدعوى التحكيمية. وفي نطاق أحكام التحكيم الأجنبية، فإن الترخيص بدون شروط أو قيود وطنية لتنفيذ أحكام التحكيم الأجنبية يؤدي إلى المساس بسيادة الدولة على إقليمها، لذا أصبح الأمر بالتنفيذ هو الأداة الرقابية القضائية التي يفرضها المشرع الوطني على إرادة الأطراف، فهي رقابة لاحقة على صدور حكم التحكيم – الوطني أو الدولي أو الأجنبي -حين يراد تنفيذه. ونظراً لتباين التشريعات الدولية والوطنية في شروط وإجراءات تنفيذ الاحكام التحكيمية الأجنبية فإن مشكلة الدراسة تكمن في معرفة أي النصوص الواجبة التطبيق لتقدير مدى توافر اختصاص وإجراءات استصدار الأمر …

International Arbitration, Sujey Herrera, Marcus Quintanilla, Martine Forneret, Emily Scherker, Jeffrey Rosenthal, James A. Egerton-Vernon, Richard Deutsch, Ranjan Agarwal, Félix Poggio, Rafael Pereyra Zorraquin, Joyce Fong, Dan Perera, Rong Gu, Helen Tang, Weina Ye, Timur Ibrahim Sen, Andrew White, Jayesh H, Dawn Yamane Hewett, Julianne Jaquith, Chelsea Pollard, Ibrahim Sattout, Adnan Gaafar, Myriam Khedair, James Boykin, Stijn Winters, Amanda Lee, Peter Ashford, Sabrina Janzik, Christina Nitsche, Gerard Meijer, Valerie Verberne, Markian Malskyy, Oksana Karel, Daryna Hrebeniuk, Keara A. Bergin, Christopher P. Denicola

The Year in Review

No abstract provided.

Litigating Terror In The Sinai After The Egyptian Spring Revolution: Should States Be Liable To Foreign Investors For Failure To Prevent Terrorist Attacks?, Robert Howse, Amin R. Yacoub

Michigan Journal of International Law

The ambiguity of the due diligence standard of the Full Protection and Security obligation in investment treaties persists to this day. A recent ICSID tribunal found a developing state liable for breaching the Full Protection and Security obligation due to its inability to protect a foreign investment against terrorist attacks in a remote deserted area. In this article, we analytically criticize the Ampal v. Egypt arbitral award against the comprehensive factual matrix behind the case. Based on our criticism of Ampal, we argue that developing states should not be liable for failing to prevent or stop terrorist attacks under the …

Review Of The Little Book Of Police Youth Dialogue: A Restorative Path Toward Justice, Robert Brenneman

The Journal of Social Encounters

No abstract provided.