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Full-Text Articles in Dispute Resolution and Arbitration

Mediation: Embedded Assumptions Of Whiteness?, Sharon Press, Ellen E. Deason Jan 2021

Mediation: Embedded Assumptions Of Whiteness?, Sharon Press, Ellen E. Deason

Cardozo Journal of Conflict Resolution

This Article began with the murder of George Floyd by an officer of the Minneapolis Police Department on May 25, 2020, after a convenience store employee reported that Floyd used a counterfeit $20 bill to purchase cigarettes. Seventeen minutes after the police arrived, Floyd was unconscious, pinned beneath them. The events were recorded by bystanders and the public was confronted with visual evidence of what has been happening to Black, Indigenous, and People of Color (BIPOC) especially Black men-for centuries. It was dramatic testimony that law enforcement is based on a system that is the product of systemic racism and …

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Visions For The Future: Diversity And Inclusion Initiatives In Court-Annexed Adr Programs, Robyn Weinstein, Lance Bond Jan 2021

Visions For The Future: Diversity And Inclusion Initiatives In Court-Annexed Adr Programs, Robyn Weinstein, Lance Bond

Cardozo Journal of Conflict Resolution

At the Cardozo Journal of Conflict Resolution's recent symposium, speakers were asked to dream about court systems of the future. When we dream of a court system of the future, we dream of one that is truly representative of the litigants we serve. This should not only be true of the judiciary and court staff, but also of the alternative dispute resolution programs that are embedded in many state and federal court systems.

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Reimagining Adr In New York Courts, Edwina G. Mendelson, Diana Colón, Thomas V. O'Neill Jan 2021

Reimagining Adr In New York Courts, Edwina G. Mendelson, Diana Colón, Thomas V. O'Neill

Cardozo Journal of Conflict Resolution

In March 2020, the COVID-19 pandemic made a swift and devastating impact in New York State. Virtually all of life's routines-working, socializing, commuting-were affected, subject to mask mandates, strictly reduced occupational capacities, and widespread working from home for those fortunate to do so. The state court system was no exception to the pandemic's reach. Constitutional guarantees and the preservation of essential legal rights necessitated that the courts always remain available to court users, but the protection of public health mandated that court processes that were traditionally conducted in-person could only remain operational by adapting those processes to new virtual formats.

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Designing A State Court Small Claims Odr System: Hitting A Moving Target In New York During A Pandemic, David Allen Larson Jan 2021

Designing A State Court Small Claims Odr System: Hitting A Moving Target In New York During A Pandemic, David Allen Larson

Cardozo Journal of Conflict Resolution

When I began helping the New York State Unified Court System design a pilot online dispute resolution ("ODR") system back in October 2016, I never imagined more than four years would pass before a system was implemented. One reason our journey was so long is because our target kept moving. After completing a detailed credit card debt collection ODR platform, we had to change direction before implementation and focus instead on small claims cases. Then like the rest of the world, we suddenly had to deal with the COVID-19 pandemic. Although it took longer than anticipated, we achieved our goal …

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A Case For Diversionary Restorative Justice In Cases Involving The Embezzlement Of Funds From Small Businesses, Amanda Cooper Jan 2021

A Case For Diversionary Restorative Justice In Cases Involving The Embezzlement Of Funds From Small Businesses, Amanda Cooper

Cardozo Journal of Conflict Resolution

In 2015, John Tschol, the owner of a small advising business in Bloomington, Minnesota, thought that he had a wonderful work life. His business was successful-enough to make a modest profit-and his employees were loyal, hard workers, who had been with him for years. Then he found out that his bookkeeper, Laura Scholz, had been embezzling funds, stealing more than $317,000 over two years.

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Taxing Employers For Imposing Mandatory Arbitration, Class Action Waiver, And Nondisclosure Of Dispute Provisions, Rebecca N. Morrow Jan 2021

Taxing Employers For Imposing Mandatory Arbitration, Class Action Waiver, And Nondisclosure Of Dispute Provisions, Rebecca N. Morrow

SMU Law Review

Employers impose coercive dispute resolution terms on their employees more frequently, more broadly, and with greater legal success than ever before. Recent survey data indicates that mandatory employment arbitration provisions bind more than 60 million American workers—over half of the U.S. private-sector nonunion workforce. Employment class action waivers bind nearly 25 million American workers. In 2018, the Supreme Court held 5–4 that mandatory arbitration provisions and class action waivers imposed by employers on their employees do not violate the National Labor Relations Act. These terms prohibit employees from exposing employer wrongdoing in open court, bar employees with valid wage and …

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The Interpretation Of International Investment Treaties: The Application Of Mfn Clauses To Matters Of Dispute Settlement In Bits, Amr Mostafa Aabed Abdo Jan 2021

The Interpretation Of International Investment Treaties: The Application Of Mfn Clauses To Matters Of Dispute Settlement In Bits, Amr Mostafa Aabed Abdo

Theses and Dissertations

The decisions of the arbitral tribunals have been under heavy attack for the inconsistent and unintended interpretations that went beyond the intent of the parties as it is expressed in the treaty provisions. One of these misinterpreted provisions is the MFN clause. Many tribunals have used this clause to allocate the adjudicatory authority between international arbitration and domestic courts. The problem of this application is a matter of treaty interpretation that is governed by the international rules of interpretation in the VCLT. These rules provide a balance approach to treaty interpretation and recognize equally the legitimate rights and interests of …

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Bibliometric Analysis Of Research Trends On Role Of Dispute Resolution Mechanisms In Family Law Conflicts, Himanshi Parekh, Yogesh Dharangutti Jan 2021

Bibliometric Analysis Of Research Trends On Role Of Dispute Resolution Mechanisms In Family Law Conflicts, Himanshi Parekh, Yogesh Dharangutti

Library Philosophy and Practice (e-journal)

This paper is a bibliometric analysis of research publications in the field of dispute resolution of family matters. The paper analyses the frequency of publications in this arena and identifying the research gaps. The paper utilizes literature published on this subject available at the Scopus database from 2011 to 2020. A total of 59 documents varying from books, chapters, articles, and journals have been extracted and analyzed for the purpose of this study. This data is further analyzed and presented in the forms of tables, maps, graphs, etc using VOSviewer and IMAPBuilder software. The study shows that even though there …

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Hong Kong And China: Building Bridges Between Two Systems In One Country, Harold Kang Jan 2021

Hong Kong And China: Building Bridges Between Two Systems In One Country, Harold Kang

Cardozo Journal of Conflict Resolution

In 1984, Britain and China negotiated an agreement that resulted in Hong Kong's reunification with China over one hundred years after it was surrendered to Britain following the Opium War. The Sino-British Joint Declaration stipulated that although China would exercise territorial sovereignty over Hong Kong, Hong Kong would still maintain a high degree of autonomy until the year 2047. This meant that Hong Kong would have independent executive, legislative, and judicial powers while maintaining its capitalist system and way of life. However, these promisesdespite codification in the Basic Law, which is a quasi-Constitution-do not escape the inherent contradiction in "one …

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Website Accessibility Lawsuits: Using Online Dispute Resolution To Provide More Efficient Outcomes Within The Second Circuit, Zachary Kriesberg Jan 2021

Website Accessibility Lawsuits: Using Online Dispute Resolution To Provide More Efficient Outcomes Within The Second Circuit, Zachary Kriesberg

Cardozo Journal of Conflict Resolution

No abstract provided.

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As Long As You Love Me: The Effects Of Enforcing Prenuptial Agreements On Intimate Partner Violence, Annie L. Zagha Jan 2021

As Long As You Love Me: The Effects Of Enforcing Prenuptial Agreements On Intimate Partner Violence, Annie L. Zagha

Cardozo Journal of Conflict Resolution

Marriage is a sacrament. Marriage is the life-long commitment of one person to another. Marriage is a safely guarded right, a constitutional protection that has been continually reaffirmed to protect the inviolability of unions. But what happens when a marriage fails to live up to its idealized and fantastical notion and begins to develop into a primary source of mental, physical, and emotional pain for an individual? What takes place when marriage is being used as a shield for coercive-and potentially lethal behavior?

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State Legislative Update, Eli Dodge, Kevin Johnston, Seth Christensen Jan 2021

State Legislative Update, Eli Dodge, Kevin Johnston, Seth Christensen

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.

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Third Party Funding Of Investment Arbitration, Maya Steinitz Jan 2021

Third Party Funding Of Investment Arbitration, Maya Steinitz

Faculty Scholarship

This Essay discusses Third-Party Funding in Investment Arbitration. It describes the rise of third-party funding of investment arbitration; the debate over the definition of litigation/arbitration finance; the forms arbitration finance takes; the normative debate in favor and against third-party funding of investment arbitration; the effects of arbitration funding on the arbitral process; developments in national, international, and soft law governing investment arbitration funding; and the likely effects of third-party funding on the international bar.

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Global Laboratories Of Third-Party Funding Regulation, Victoria Sahani Jan 2021

Global Laboratories Of Third-Party Funding Regulation, Victoria Sahani

Faculty Scholarship

Third-party funding, also known as "dispute finance," is a controversial, dynamic, and evolving arrangement whereby an outside entity ("the funder") finances the legal representation of a party involved in litigation or arbitration, whether domestically or internationally, on a non-recourse basis, meaning that the funder is not entitled to receive any money from the funded party if the case is unsuccessful.' It has been documented in more than sixty countries on six continents worldwide-including in many of the jurisdictions highlighted in this symposium that are experimenting with other aspects of international commercial dispute resolution. Indeed, funding greases the wheels of this …

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Effects Of Mediation On Employee Efficiency In Human Services Centers And In Other Organizations That Serve Vulnerable Populations, Mariya Mironova Jan 2021

Effects Of Mediation On Employee Efficiency In Human Services Centers And In Other Organizations That Serve Vulnerable Populations, Mariya Mironova

Department of Conflict Resolution Studies Theses and Dissertations

Social workers and other professionals who offer caring services to vulnerable populations are oftentimes exposed to stressful environments. Employee burnout, vicarious traumas, and other stressors jeopardize worker’s efficiency. According to previously conducted research studies, organizational and interpersonal conflicts may be effectively addressed through mediation. However, the studies do not address the use of mediation for the resolution of workplace disputes in centers of human services. This study explores effects of mediation on worker’s efficiency in such centers, and this study proposes that mediation positively affects worker’s efficiency. The proposed methodology for testing this proposition involves a single case study with …

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Navigating The Human Side Of Workplace Conflict: A Comparative Study Of Organizational Ombuds' Similarities And Differences, Linda Kovack Jan 2021

Navigating The Human Side Of Workplace Conflict: A Comparative Study Of Organizational Ombuds' Similarities And Differences, Linda Kovack

Department of Conflict Resolution Studies Theses and Dissertations

Navigating the human side of workplace conflict poses challenges. A gap in knowledgeexists within an alternative dispute resolution option known as the organizational ombuds. Prior research referenced the ombuds' perception of his/her own role and functionality yet did not explore ombuds in differing organizational sectors. The research I explored was: What are the similarities and differences among and between ombuds in employment environments of higher education, the public or private sector, and the federal government? To address this question, I presented comprehensive case study profiles on a total of 8 organizations: 3 in higher education, 3 in the federal government, …

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Pushed Out Of High School: Narratives Of Teaching Under The Testing Regime, Sheila Alexis-Fabius Jan 2021

Pushed Out Of High School: Narratives Of Teaching Under The Testing Regime, Sheila Alexis-Fabius

Department of Conflict Resolution Studies Theses and Dissertations

The No Child Left Behind Act (NCLB) was enacted as an education intervention to close the achievement gap by increasing student attendance, graduation, and standard testing rates. NCLB held teachers and administrators accountable for successfully meeting adequate yearly progress gains. However, the emerging NCLB research uncovered a culture of conflict with academically at-risk students being pushed out of the public school system and rise in disciplinary actions towards minority students. This study employed John Gultang’s structural violence, John Burton’s basic human needs theory, and adultification theory to highlight the significance of understanding the conflict in high-stakes testing regimes. This research …

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Faculty List Jan 2021

Faculty List

Journal of Dispute Resolution

No abstract provided.

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Description Jan 2021

Description

Journal of Dispute Resolution

No abstract provided.

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Masthead Jan 2021

Masthead

Journal of Dispute Resolution

No abstract provided.

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Table Of Contents Jan 2021

Table Of Contents

Journal of Dispute Resolution

No abstract provided.

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Another One Bites The Dust: How Jevic Curtailed Creditor Rights To Negotiate In And Out Of Bankruptcy, Jaden Banks Jan 2021

Another One Bites The Dust: How Jevic Curtailed Creditor Rights To Negotiate In And Out Of Bankruptcy, Jaden Banks

Journal of Dispute Resolution

Gone are the days of bankruptcy where the insolvent debtor faced an ignominious execution or was sentenced to lifelong imprisonment to satisfy a creditor's demand for their pound of flesh. The modern U.S. Bankruptcy System has moved beyond its focus on draconian punishment, instead, its focus is on fairness to the debtor and distribution of assets among creditors. With recent Supreme Court cases such as Jevic, significant concerns have been raised about the effectiveness of negotiated agreements, related to, but outside of bankruptcy. These concerns center on the reduction in the fairness of certain debtor tools namely prepackaged and cramdown …

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Domestic Courts' Impact On Arbitral Awards: Pragmatic Reflections On The New York Convention, Mohamed Sweify Jan 2021

Domestic Courts' Impact On Arbitral Awards: Pragmatic Reflections On The New York Convention, Mohamed Sweify

Journal of Dispute Resolution

On June 1, 2018, the heirs of the late Sheikhs Abdullah Al-Solaiman AlHamdan and Khalid Abu Al-Waleed Al-Oarqani ("Claimants") petitioned to confirm and enforce an $18 billion arbitral award against Chevron entities before the Northern District of California and the Southern District of Texas. The award was issued under the auspices of the illegitimate "International Arbitration Centre" ("IAC") in Cairo, Egypt. The dispute involved a decades-old concession agreement in which the Saudi government permitted Chevron's predecessor, the Standard Oil Company of California ("SoCal"), to develop certain Saudi oil fields. Both enforcement petitions were dismissed.

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Setting The Table For Mediation Success: Supporting Disputants To Arrive Prepared, Timothy Hedeen, Vittorio Indovina, Joanne Donner, Claudia Stura Jan 2021

Setting The Table For Mediation Success: Supporting Disputants To Arrive Prepared, Timothy Hedeen, Vittorio Indovina, Joanne Donner, Claudia Stura

Journal of Dispute Resolution

Consider the following two scenarios. Tom Jones sued his neighbor over a dispute they had regarding the boundaries of their abutting properties. Within a week of filing the suit, he received notice that a mediation had been scheduled for their case. Three weeks later he arrived at the appointed place and time of the mediation where he found his neighbor, his neighbor's attorney, and a mediator. After brief introductions, they were invited to take their seats and were provided a short overview of mediation, a process that was new and unfamiliar to Tom Jones. Two hours later, he left in …

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Forgotten Heroes: The Unacceptable Results Of Military Administrative Separations, Bryan Oliver Jan 2021

Forgotten Heroes: The Unacceptable Results Of Military Administrative Separations, Bryan Oliver

Journal of Dispute Resolution

The United States Military is charged with protecting the interests of the United States against foreign actors that seek to undermine our safety, values, and standing as the world's leading democratic power. The performance of this duty is often carried out without a ripple in the fabric of the average citizens' daily life. The adage "no news is good news" describes the way the civilian population thinks about how the military functions. However, the civilian population of the United States should be aware of situations where service-members are not treated fairly by the military's processes.

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Arbitration In The Age Of Covid: Examining Arbitration's Move Online, Amy J. Schmitz Jan 2021

Arbitration In The Age Of Covid: Examining Arbitration's Move Online, Amy J. Schmitz

Faculty Publications

Arbitration has been moving online over time with the growth of the Internet and Online Dispute Resolution ("ODR"), which includes use of technology to assist online negotiation, mediation, arbitration, and variations thereof Online Arbitration ("OArb ") is nonetheless a unique subset of ODR because it usually culminates in a final and binding award by a neutral third party that is enforceable under the Federal Arbitration Act ("FAA"). Indeed, I have written about OArb on prior occasions, due to its unique status under the FAA and other arbitration laws. However, OArb was relatively limited until the COVID-19 pandemic sparked the acceleration …

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Beyond Plea Bargaining: A Theory Of Criminal Settlement, Richard Lorren Jolly, J.J. Prescott Jan 2021

Beyond Plea Bargaining: A Theory Of Criminal Settlement, Richard Lorren Jolly, J.J. Prescott

Articles

Settlement is a term rarely used in criminal law. Instead, people speak almost exclusively of plea bargaining—i.e., enforceable agreements in which a defendant promises to plead guilty in exchange for a prosecutor’s promise to seek leniency in charging or at sentencing. But a traditional plea agreement is just the most visible instance of a much broader class of possible criminal settlement agreements. In terms of their fundamentals, criminal settlements are indistinguishable from their civil counterparts: through either an atomized or comprehensive bargain, parties exchange what they have for what they want, advancing their respective interests in cost minimization, risk mitigation, …

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Don’T Bring An Army To An Arbitration (England, 1411), David J. Seipp Jan 2021

Don’T Bring An Army To An Arbitration (England, 1411), David J. Seipp

Faculty Scholarship

The name of our friend Derek Roebuck will always be linked to the long history of arbitration and mediation which he has chronicled so thoroughly in a dozen volumes by my count and many articles and chapters. On a spectrum of dispute resolution methods from formal courtroom litigation to savage brute force, arbitration stands at an interesting intermediate point. In tribute to Derek’s memory, I offer this glimpse of a curious episode at the intersection of due process of law, armed violence and principled arbitration. It reminds us that these three alternatives were not always as widely differentiated as we …

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Evolution Of International Investment Agreements In Africa: Features And Challenges Of Investment Law “Africanization”, Makane Moïse Mbengue, Stefanie Schacherer Jan 2021

Evolution Of International Investment Agreements In Africa: Features And Challenges Of Investment Law “Africanization”, Makane Moïse Mbengue, Stefanie Schacherer

Research Collection Yong Pung How School Of Law

African States, African Regional Economic Communities (RECs), and the African Union have adopted a number of new investment instruments in recent years. Many of these instruments are highly innovative and mark a clear departure from old European-styled IIAs. The Africanization of international investment law or, in other words, the prise en main of African States and organizations to design the regulation of international investment according to their policy and development priorities has become an evident contemporary phenomenon. At the same time, the most innovative approaches can be found in intra-African IIAs, i.e., in IIAs concluded between two or more African …

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Getting Real About Procedure: Changing How We Think, Write And Teach About American Civil Procedure, Suzette M. Malveaux Jan 2021

Getting Real About Procedure: Changing How We Think, Write And Teach About American Civil Procedure, Suzette M. Malveaux

Publications

No abstract provided.

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