Dispute Resolution and Arbitration Commons^™

Cullinane V. Uber Technologies, Inc., Carly Schreiber

NYLS Law Review

No abstract provided.

Business And Public Policy Considerations Regarding Mandatory Arbitration In The Workplace, Annaliisa Gifford

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

An Intentional Conversation About Adr Interventions: Eviction, Poverty And Other Collateral Consequences, Sharon Press

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Ethical Compass: Celebration, Elayne E. Greenberg

Faculty Publications

(Excerpt)

Let’s raise our glasses to toast our esteemed Chief Judge, the Honorable Janet DiFiore, for making Presumptive ADR a central part of the New York Office of Court Administration’s civil case management. In her February 26, 2019 State of the Judiciary Address, Chief Judge Janet DiFiore announced that the New York Office of Court Administration is formally adopting Presumptive ADR. Although all ADR processes such as settlement conferences, negotiations, arbitration and early neutral evaluation may be used to help settle cases, a focus will be on mediation. Presumptive ADR will apply to almost all civil cases filed in New …

Arbitration Law Update: 2019–2020 (July 2020), Scott Eichorn, Elissa Germaine

Faculty Publications

(Excerpt)

This article summarizes leading arbitration cases during the last year that are of particular relevance to the securities arbitration practitioner, as well as cases on the horizon for the coming year. The decided cases focus on class arbitration, arbitrability, customer identification, discovery abuse, grounds to modify arbitration awards, enforceability of arbitration agreements, and challenges to Regulation Best Interest. The upcoming cases focus on class arbitration and arbitrability.

Adr: Disputing With A Modern Face, Or Bargaining For The Bargaining Impaired?, Robert J. Condlin

Cardozo Journal of Conflict Resolution

The Alternative Dispute Resolution ("ADR") movement might turn out to be one of the most important chapters in the history of the American judicial system. Or, it might not. In its most grandiose form, ADR turns disputing on its head, transferring control over outcome from third-party decision-makers to the disputants themselves, and defining disputing procedure in ad hoc, party-constructed guidelines tailored to the circumstances rather than fixed, generic, and categorical rules applicable uniformly in all situations. In its less grandiose form, ADR simply institutionalizes a system of multi-party bargaining in which third-party neutrals help disputants identify individual interests and find …

Competition Between State Courts And Private Tribunals, Horst Eidenmüller

Cardozo Journal of Conflict Resolution

In this essay, I investigate the competition between state courts and private tribunals for dispute resolution. I distinguish between different market segments: business to business ("B2B") and business to consumer ("B2C") transactions and, in each case, small-, mediumand high-stakes disputes. The analysis is informed by a survey of the dispute resolution preferences of "case placers" carried out in 2015. I find that competition between state courts and arbitral tribunals is currently most intense with respect to high-stakes B2B disputes. A significant portion of the total dispute resolution volume in this market segment goes to arbitration. If parties decide to arbitrate, …

Peer Mediation: Equipping Student Leaders With The Ability To Resolve Internal Conflicts, Leonora Gogos

Cardozo Journal of Conflict Resolution

Crime and youth violence are a major problem facing the United States today. The United States has developed the reputation of being a country that nurtures young minds and promises them a holistic education. Currently, there are around 54.8 million students enrolled in grades K-12 in the United States. However, crime rates are rising among juveniles-children in the aforementioned grade range. Teenagers are currently being arrested for violent crimes more often than young adults are.

How A Good Idea Became A Bad Idea: Universities And The Use Of Non-Disclosure Agreements In Terminations For Sexual Misconduct, Julie Macfarlane

Cardozo Journal of Conflict Resolution

One of the challenges that face every third-party intervenor in a conflict is what the parties shall agree about the public nature of an agreed outcome. In private dispute resolution, in contrast to adjudication by courts, there is neither a requirement nor (with a few exceptions) a legal compulsion to reveal those outcomes, if one or more parties prefer to keep the matter private.

Can The Pursuit Of Truth Reconcile With The Principle Of Minimizing False Convictions?, Doron Menashe

Cardozo Journal of Conflict Resolution

No abstract provided.

Arbitration Of Worker Contracts: New Prime's Proper Statutory Interpretation Of The 1925 Federal Arbitration Act, Margaret L. Moses

Cardozo Journal of Conflict Resolution

This article will discuss how, in a future case, if the Court applied the reasoning of its unanimous opinion in New Prime-that the language of the statute should be interpreted consistent with the meaning it had to the Congress that adopted it-no worker would be covered by the FAA. Part I will consider the scope of the Commerce Clause, and the expansion in the Court's understanding of Congress' power under the Clause that occurred post-1925. In Part II, the article will deal with the purpose of the FAA as understood at the time of its adoption, as well as …

Crossing The Border Or Crossing The Line? Why Alternate Dispute Resolution Is The Best Route To Reunite Families Of Immigrant Children Separated At The U.S.-Mexico Border, Colby Berman

Cardozo Journal of Conflict Resolution

This Note will explore the problem of family separation at the U.S.-Mexico border and propose a solution through the use of mediation as a means to peacefully reunite families without lengthy, emotionally-draining, and expensive litigation. It will discuss case law addressing the problem, as well as the recent history of family separation under President Obama and President Trump. This Note will briefly examine methods used to maintain a tough stance on immigration while also alleviating family separation of immigrant populations, looking to other developed countries' tactics, as well as the United States' Family Case Management Program (which enjoyed success in …

Where's The Beef: The Use Of Mediation To Resolve Disputes Between Rappers, Craig Epstein

Cardozo Journal of Conflict Resolution

The issues posed by rap feuds persist and remain prominent in the music industry and the news. In fact, rap feuds have received major media coverage in recent months, prompting major public confrontations between some of music's biggest stars. Therefore, this Note will endeavor to better understand the history and evolution of the genre of rap, and the movements and specific events that shaped its current adversarial character. The Note will also examine certain aspects of rap feuds and the ways in which they are waged that would indicate a potential to use mediation as a means to bring about …

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 21, Iss. 3

Cardozo Journal of Conflict Resolution

No abstract provided.

Arguing The Algorithm: Pretrial Risk Assessment And The Zealous Defender, Julian Adler, Sarah Picard, Caitlin Flood

Cardozo Journal of Conflict Resolution

This article examines the growing use of algorithmic pretrial risk assessment tools in the United States as a response to the systemic inequities of cash bail and mass incarceration. While proponents argue that these tools offer objective, data-driven alternatives to judicial discretion, critics highlight their potential to reinforce racial and economic disparities. Amid this contentious debate, the authors call attention to the underexplored role of public defenders in mitigating the harms—and maximizing the decarcerative potential—of risk assessment algorithms. Drawing on examples from New York and New Jersey, the article outlines four key strategies for defenders: demanding transparency in algorithm design, …

The Cultural Constraints Of Legal Transplantation A Ten-Year Retrospective, James L. Nolan Jr.

Cardozo Journal of Conflict Resolution

No abstract provided.

“Breaking Up Is Hard To Do”: Conceptualizing The Artist-Manager Relationship As A Marriage For Purposes Of Alternative Dispute Resolution, Gillian Sloane

Cardozo Journal of Conflict Resolution

The problem is not that the artist-manager relationship is a highly personal one. The problem is, that due to the present state of the music industry and current legislation, the nature of the relationship is given no weight when disputes between the parties occur. The constraining designation of the artist-manager relationship and ineffective legal remedies provided when disputes arise, negatively affect the viability of the relationship and essentially guarantee dissolution of the relationship.

This Note addresses that problem. Instituting different forms of alternative dispute resolution ("ADR") processes, commonly applied in divorce and family law, at different stages of the artistmanager …

New York’S Attempts To Regulate Airbnb (And Other Home-Sharing Platforms) Have Hit A Roadblock And, In The Process, Have Inadvertently Hurt Landlords: How Alternate Dispute Resolution Can Come To The Rescue, Charlene Soleimani

Cardozo Journal of Conflict Resolution

In light of the foregoing, it is easy to see that the status quo is a chaotic quagmire that offers neither a long-term nor effective solution to the challenges raised by the advent of Airbnb and other home-sharing platforms. The intent of this Note is to suggest a realistic pathway where the legitimate rights, needs, and interests of the City, Landlords, Airbnb, apartment owners, and hotels are considered and given appropriate weight when factoring in the overall solution. As described in detail in Part IV infra, it is likely, if not highly likely, that this can be accomplished by having …

Don't Fight Like Cats And Dogs: Using Mediation For Workplace Accommodation Requests For Service Animals, John F. Walpole

Cardozo Journal of Conflict Resolution

The consideration process surrounding the use of reasonable accommodations in the workplace is sophisticated, flexible, and often litigious. Although employers are required to provide reasonable accommodations to employees, accommodation requests can be denied by showing an undue burden in the workplace. Because this determination is made on a case-by-case basis, there are no bright line rules for when it is acceptable for an employer to refuse an accommodation request. Accordingly, this situation can deprive deserving employees of accommodations and expose employers to liability. Mediation is an excellent process to address this problem because creative solutions can be used to make …

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 22 (2020-2021)

Cardozo Journal of Conflict Resolution

No abstract provided.

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 22, Iss. 1

Cardozo Journal of Conflict Resolution

No abstract provided.

Party Autonomy And Default Rules Regarding The Choice Of Number Of Arbitrators, Ilias Bantekas

Cardozo Journal of Conflict Resolution

This article is divided in two main parts. The first focuses on the party autonomy paradigm in international commercial arbitration. This includes an examination of rules and practices allowing the parties to choose both an even and odd number of arbitrators. The second part looks at the variety of default options, including the appropriate number of arbitrators in multi-party proceedings. Two smaller sections follow these. The first examines, albeit briefly, the position with respect to truncated tribunals. The second analyzes the appropriate number of arbitrators in the event that the parties choose one or more legal persons as arbitrators, particularly …

Reaching Beyond The “Tools Of The Trade”: Anchors And Signposts To Enhance Mediator Effectiveness, Neil H. Katz

Cardozo Journal of Conflict Resolution

During my 48-year career as both a professor and program director in Conflict Resolution programs at various universities and the head of a modest organizational consulting firm, I have participated as a student and instructor in many mediation and other related Alternative Dispute Resolution classes and training. Alternative Dispute Resolution, often referred to as ADR, can be thought of as any means of dispute settlement outside of a courtroom. Various well-known methods of ADR include negotiation, conciliation, facilitation, mediation, and arbitration. I usually think the training and classes I have attended are of high quality, both in content and delivery. …

Arbitrating With The Mafia: Why Civil Rico Statutes Are Improperly Used And How Class Action Arbitration May Provide Just Compensation For Forgotten Victims, Max Steinberg

Cardozo Journal of Conflict Resolution

From the nineteenth century onward, the United States has been overwhelmed by the rise of organized crime. For generations, criminal organizations have "infiltrated the social and economic fabric" of society and committed heinous crimes in almost every way imaginable. For decades, pop culture and Hollywood have been infatuated with criminal organizations. Movies, television shows, books, and podcasts have portrayed these organizations as interesting and complex entities. In most cinematic programs, the leaders of these mob organizations are the protagonists. Hollywood may portray fictional mob bosses as such, but in reality, their organizations often contain ruthless murderers. What seems to get …

A Tangled Web: Can Arbitration Be The Answer To Resolving Manufactured Credit Event Disputes?, Adam Eisenbud

Cardozo Journal of Conflict Resolution

Derivatives are financial contracts whose value is derived from, or reliant upon, another asset. Perhaps the most popular derivatives for retail investors are stock options, whose value is derived from the price of an underlying equity. In recent years, financial institutions have developed several innovative derivative products. These products are typically born out of an unmet need in the financial marketplace. Credit derivatives, for example, were created in order to let financial clients mitigate credit risk. A wellknown type of credit derivative is the credit default swap ("CDS"), a privately held, negotiable bilateral contract that allows a lender to transfer …

Family Engagement And Collaborative Decision-Making Processes Provide Multiple Benefits In Child Welfare Cases, Kelly Browe Olson

Law Faculty Scholarship

This article is about the importance of family engagement and collaborative decision making in child welfare cases. It briefly reviews the history of mediation and family group meetings and suggests that juvenile courts and child welfare agencies should thoughtfully prioritize and expand their use of the techniques and processes of interdisciplinary collaborative decision-making and dispute resolution that have been successful for over thirty-five years.

Key Points for the Family Court Community: The use of collaborative decision-making and dispute resolution techniques in child welfare cases provides multiple benefits for the families and professionals involved in these cases; Brief history of the …

A Brand New Narrative: Social Attitudes Toward Conflict Resolution And Inefficiency In Marketing And Branding, Emily Skinner

Department of Conflict Resolution Studies Theses and Dissertations

This study aimed to bring to light infield internal assumptions, expectations, and knowledge that may influence limitations on fostering an environment that can increase a social demand for conflict resolution services, knowledge, and practices. The research explored if the field’s marketing is influenced by the macro social norms, assumptions, and expectations of conflict and if they influence how the field communicates with its market. The study’s goal was to investigate if the marketing and the branding of conflict resolution are influenced by the social fact of conflict as negative. This study explored conscious and unconscious broad patterns of common-sense knowledge, …

Using Mediation To Get Nhl Players Back In The Winter Olympics, Jared Brover

Cardozo Journal of Conflict Resolution

In the early years of the Winter Olympics ("Olympics"), participation in the games was limited to amateur athletes. That changed in 1986 when rules were put in place, which changed who determined eligibility to compete in the Olympics. Eventually, as a result of such a shift, professional athletes began participating in the Olympics and they brought greater excitement to the games as fans were given another opportunity to see their favorite athletes compete at a high level. However, giving professional athletes the opportunity to join the games created unintended conflicts. For example, the dispute between a given country's professional league …

How Mediation Between Schools And Students Will Help Students Combat Student Debt, Joshua A. Graber

Cardozo Journal of Conflict Resolution

By using mediation, schools can help students to no longer be crippled by their debt and instead reinvest in themselves and their future. Section II will supply a background of our country's education system, financial options for education and show how we reached this point in our student debt crisis. Section III will discuss whether colleges and educational institutions will become obsolete, whether there are sufficient programs to possibly make college tuition free, and explore whether other universities and schools will follow in some institutions footsteps and try to make their programs tuition free. Section IV will propose using mediation …

The Need For Negotiation In Water Resource Disputes Between Central Asian States, Tamiris Askarova

Cardozo Journal of Conflict Resolution

Negotiation can take many forms and have different structures; however, I propose that establishing meetings between each states' leaders of their energy and environmental governmental bodies along with members of The Permanent Indus Commission, as they have dealt with similar concerns, would be the most beneficial and efficient method of resolving water use disputes. In Part II, I introduce relevant background information and examples of water use treaties and agreements that have proven to be successful either at maintaining or encouraging cooperation between various states. Part III will look into each state's current legislation and entities that manage water resources. …