Dispute Resolution and Arbitration Commons^™

Women's Rights And Customary Justice In Afghanistan: A Review Of Jirgas Under Cedaw's Access To Justice Components, Fernanda Canessa

Cardozo Journal of Conflict Resolution

Afghanistan became the first Muslim country to ratify the Convention on the Elimination of All Forms of Discrimination against Women ("CEDAW") with no reservations, understandings, or declarations ("RUDs") on March 5, 2003. This event is notable considering that the majority of Muslim countries that ratified the treaty included reservations holding Islamic Sharia law above the tenets of the Convention. The government abstained from making this type of reservation, demonstrating its intent to follow international norms as it entered a new phase of democratic statebuilding.

How To Resolve Capital Cases Through Pretrial Mediation, Clare Haugh

Cardozo Journal of Conflict Resolution

Adam Lawson sat in shackles, cradling his head in his hands, rocking back and forth. He was waiting in the State Attorney's Office in Jacksonville, Florida, preparing to meet the Liles family, whose matriarch had been the victim of a home invasion and homicide he committed over a year earlier. Mr. Lawson was charged with capital murder, and his case was the third in a series of attempted mediations in death-eligible criminal cases by the State Attorney for Florida's Fourth Judicial Circuit.

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 24 (2022–23)

Cardozo Journal of Conflict Resolution

No abstract provided.

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 24, Iss. 1

Cardozo Journal of Conflict Resolution

No abstract provided.

Speaking Arabic In Israel: "He Whose Hand Is In The Water Is Not Like Whose Hand Is In The Fire", Yael Efron, Mohammed S. Wattad

Cardozo Journal of Conflict Resolution

No abstract provided.

Collective Policy Design: An Inclusive Approach To Legislative Negotiation, Joseph Crupi

Cardozo Journal of Conflict Resolution

Members of legislatures often do not have equal opportunities to participate in legislative negotiations. The lack of inclusiveness in legislative negotiations may result in suboptimal policy outcomes and undermine representative democracy. Legislatures face two categories of barriers to conducting inclusive negotiations: (1) the scope and complexity of legislative negotiations and (2) members' lack of incentives and capacity to engage in inclusive negotiations. Legislatures may be able to overcome these barriers by synthesizing and applying insights from agile project management, design thinking, collective intelligence, social choice theory, and interest-based negotiation. Specifically, legislatures may be able to conduct negotiations that are both …

Environmental Dispute Resolution In Brazil: New Paths And Lessons From The U.S. Legal Experience, Daniel Castelo Branco Ramos

Cardozo Journal of Conflict Resolution

This Article analyzes the Brazilian legal framework of Environmental Dispute Resolution ("EDR"), taking into account its ability to ensure the effectiveness of environmental protection and comparing it with the United States' legal mechanisms of Alternative Dispute Resolution ("ADR"), largely adopted by the U.S. in the 1980s.

The aim of this Article, in detailing these points of comparison, is to facilitate discussion about improvements to the Brazilian environmental legal system through ADR. First, this Article makes an incursion into the most relevant collaborative innovations introduced in the American legal system as of the 1980s, with the aim of expanding ADR. Second, …

Why Reinvent The Wheel? Tapping Consultative Selling Research To Expand Mediator Effectiveness, Ava J. Abramowitz

Cardozo Journal of Conflict Resolution

So much of what we do as mediators is based on the Getting to Yes process developed for negotiators. Basing our conduct on negotiation makes sense, if you think of mediation as facilitated negotiation, but mediation is that and more. It touches on areas as diverse as risk management and return on investment and emotional aspirations and the angry desire for paybacks. The list is as complicated as the people caught up in a dispute.

This paper suggests we can make more progress in understanding how disputes settle if we look to other fields, such as sales, that have faced …

Alternative Dispute Resolution In Child Sexual Abuse Cases: Approaches For Minimizing Victimization, Stephanie Leavitt

Cardozo Journal of Conflict Resolution

No abstract provided.

Extra Life: An Odr Mediation System As A Moderation Tool For Live Streaming Platforms, Myeonghwan Cha

Cardozo Journal of Conflict Resolution

No abstract provided.

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 24, Iss. 3

Cardozo Journal of Conflict Resolution

No abstract provided.

The Parthenon Marbles Case: Background And The Arguments Of Greece And The Uk, Irini Stamatoudi

Cardozo Arts & Entertainment Law Journal

The article examines the longstanding dispute over the Parthenon Marbles, focusing on the legal, ethical, and policy arguments between Greece and the UK. It critiques the UK's reliance on the "Universal Museum" theory and legal constraints, arguing that the Marbles' return to Greece is justified on ethical and cultural grounds. The article emphasizes the importance of reuniting the Marbles in their original context and challenges the UK's position as outdated and contrary to modern principles of cultural heritage law.

Pathways To Preferences For Collaborative Conflict Resolution: Disputants’ Process Goals Drive Preferences, Ashley Votruba, Jared Noetzel, Abigail L. Herzfeld

Department of Psychology: Faculty Publications

Understanding individuals’ preferences for how to resolve conflict—specifically legal disputes—has long interested researchers, particularly those considering procedural justice. This study considers the impact of relational factors that influence individuals’ preferences for dispute resolution processes for civil legal issues. Specifically, it examines the impact of self-construal and the relationship between the parties in conflict on preferences for specific features of dispute resolution processes and considers the role of underlying resolution goals as potential mediators in a parallel mediation model. Using a novel paradigm in which the outcome variables of interest focused on specific dispute resolution process features allowed the researchers to …

The Semiconductor Industry's Need For Better Negotiation To Combat China's Rise, Joshua Becker

Cardozo Journal of Conflict Resolution

No abstract provided.

Smoke Without Fire: Employing Mediation To Create Workplace Accommodations For Medical Cannabis Use By Disabled Armed Forces Veterans, Brendan William Potocki

Cardozo Journal of Conflict Resolution

Over the course of a nearly twelve-year career in the Air Force, which included multiple tours of duty in Afghanistan and Iraq, Stephen Otero experienced unspeakable trauma. He has the scars-both visible and invisible-to prove it. Despite being diagnosed with post-traumatic stress disorder ("PTSD") in 2008, Otero once again placed country before self and reaffirmed his commitment to serving the United States by agreeing to complete another tour of duty. During this final deployment, Otero sustained extensive abdominal injuries as a result of a suicide bombing attack.

The Need For Adopting Mass Arbitration Waivers In The Online Sports Betting Industry, Samuel Ditchek

Cardozo Journal of Conflict Resolution

FanDuel and DraftKings, two ascending corporate powerhouses, have been the driving force in online sports betting's surge in popularity. Akin to other online services, both of these providers have featured/currently feature binding arbitration clauses that compel users to settle disputes through arbitration. Though their Terms of Use resemble typical consumer contracts, FanDuel and DraftKings have made a costly error in failing to account for mass copycat arbitration actions. These types of actions are avenues for large groups of consumers to individually file arbitration claims in order to force a settlement. Without the intention of actually pursuing their arbitration claims, consumers …

Hook, Line, And Sinker: The Use Of Subsidies, The Globalized System Of Preferences, And Arbitration To Save Our Ocean's Fish, Lindsy Maglich

Cardozo Journal of Conflict Resolution

In the wee hours of the morning, local fishermen from the impoverished West African country of Senegal head out to sea on their hand-hewn canoes, hoping to catch fish to bring home to sell for income. Thirty years ago these fishermen would bring in nets full of fish, yet these days the smaller local fisherman cannot compete with the Chinese megatrawlers sweeping their mile-long nets through the waters off of West Africa. Because Chinese fishing fleets have depleted the seas of fish near their home, China has sent 2,600 fishing vessels across the world to exploit the waters of other …

Charting A Middle Course For Court-Connected Mediation, John Lande

Journal of Dispute Resolution

Court-connected mediation programs have produced important benefits for parties, practitioners, courts, and society generally. These programs have helped lawyers settle tough cases and generally manage their workload while their clients retain the power to litigate if they cannot reach an acceptable agreement. Courts have created and enforced rules to protect the integrity of process so that parties’ time and money in mediation are well spent.

The Need For Mediation In Internal Whistleblowing Mechanisms, Elad Michael

Cardozo Journal of Conflict Resolution

No abstract provided.

The Effects Of The Global Financial Crisis On Employment Arbitration: Evidence From The Securities Industry Discrimination Complaints, Aibak Hafeez

Journal of Dispute Resolution

This paper examines how the Global Financial Crisis (GFC) 2008-09 influenced the usage and outcomes of discrimination arbitration cases for employee plaintiffs in the securities industry. It casts light on whether arbitration is able to serve as an appropriate and preferable workplace dispute resolution system during a macroeconomic crisis when aggrieved employees are most vulnerable and financially powerless. Macroeconomic recessionary periods are characterized with an increase in employment discrimination claims. As the labor market becomes slack during an economic recession, it becomes easier for firms to indulge in discriminatory behavior. In such a scenario, employee-plaintiffs desire an inexpensive, faster, and …

The Role Of Investor-State Tribunals In Determining The Scope And Content Of The Fair And Equitable Treatment Standard – Legitimate Expectations And Proportionality, Simon Bianchi

LL.M. Essays & Theses

In recent years, the legitimacy of the investor-State dispute settlement (“ISDS”) has been called into question and several initiatives, such as the UNCITRAL Working Group III, are currently looking at various ways to enhance such legitimacy and ensure the sustainability of ISDS. In this respect, certain scholars like Professors Sornarajah and van Harten claim that the interpretative process undertaken by investor-State tribunals has contributed to this legitimacy crisis among others because the application of vague standards, such as fair and equitable treatment (“FET”), involves applying subjective notions of what adjudicators perceive as desirable developments of investment law. By contrast, other …

The Role Of Arbitral Tribunals In Determining The Scope Of The Fair And Equitable Treatment Standard, Thomas Ferguson Whip

LL.M. Essays & Theses

Whether or not investor-State dispute settlement (“ISDS”) faces a “legitimacy crisis,” there is a “growing consensus” that it requires reform. The development of the fair and equitable treatment standard (“FET standard”) by arbitral tribunals been a salient factor in fomenting this consensus and is the subject of several reform proposals. A number of scholars, including Professors Sornarajah and Gus van Harten, claim the interpretative process undertaken by tribunals in relation to the FET standard has contributed to ISDS’ legitimacy crisis because it involves applying subjective notions of what adjudicators perceive to be desirable developments of the law. On the other …

At The Intersection Of Diplomacy And International Law: The Isds Reform Process, Chiara Giorgetti

Law Faculty Publications

Diplomacy and international law are highly interactive and interdependent, as Margaret McGuinness and David Stewart explain well in the introduction of this book. This is especially true in international dispute settlement, where diplomacy and international law build on each other as essential tools for the maintenance of peace. From the creation of new international courts and tribunals to enforcement of many international awards and judgments, diplomacy plays a crucial role in fostering and strengthening dispute resolution. ...

Faculty List

Journal of Dispute Resolution

No abstract provided.

Description

Journal of Dispute Resolution

No abstract provided.

Table Of Contents

Journal of Dispute Resolution

No abstract provided.

Questions Of Arbitrability In The World: Comparing The Jurisprudence Of The United States And India, Henry Sivils

Journal of Dispute Resolution

If a matter is not arbitrable, then it may not be arbitrated.2 Arbitrability, generally, refers to the authority that an arbitrator possesses to decide a matter.3 A challenge to that authority is considered a “question of arbitrability.”4 There are three types of questions of arbitrability: (1) substantive challenges that a dispute is not arbitrable under the terms of an arbitration clause; (2) the contention that, despite substantive arbitrability, procedural circumstances exist that prevent arbitration; and (3) “post-award attacks on an arbitrator’s decision.”5 Of those three, “whether a matter is arbitrable under a given arbitration clause” has had recent developments in …

Masthead

Journal of Dispute Resolution

No abstract provided.

State Legislative Update, Katey Peters, Caleb Rutledge, Tim Richard, Joel Smith

Journal of Dispute Resolution

The State Legislative Update is compiled and written annually by the Journal of Dispute Resolution’s Associate Members under the direction of the Associate Editor in Chief. It is designed to provide readers with a listing of pertinent legislation affecting the field of alternative dispute resolution (“ADR”) and a more detailed look at certain bills because of their importance or novelty within the field. This year’s State Legislative Update is especially important because the operations of state legislatures were altered due to the COVID-19 Pandemic.**

In Words Of The Pandemic, Arbitration Jurisprudence Needs A Ventilator, Bartholomew L. Mcleay

Journal of Dispute Resolution

The COVID-19 pandemic and arbitration share a few chronic symptoms. There are conflicting opinions about the standards for governing rulemaking, a debate on whether state policy or federal authority should control, and questions about the jurisdiction and neutrality of decisionmakers responsible for providing solutions. For those seeking review of an arbitration award today, like the current health environment, the situation is disconcerting. No herd immunity or PPE exists to protect challengers against the legal contagion spreading through the arbitration review process.