Dispute Resolution and Arbitration Commons^™

Queer Dispute Resolution, Daniel Del Gobbo

Cardozo Journal of Conflict Resolution

The article is organized as follows. Part H traces the conceptual shift in legal theory from thinking about the juridical subject as a bearer of rights to a bearer of interests. This provides the necessary context for my reframing the bearer of interests as a bearer of desires. Part III begins to explore the implications of this move, drawing on what I call the "ethic of positivity" in parts of queer theory that celebrates the potential for sexual desires to transcend identity categories. This theory suggests that the ethical promise of settlement derives from the potential of the subject's interests …

Mediation/Collaborative Law: Exploring A New Combination In Alternative Dispute Resolution In Cases Of Divorce And Domestic Violence, Claudia Lanzetta

Cardozo Journal of Conflict Resolution

This paper takes the suggestion of collaborative law practice for divorcing couples with an element of domestic violence in their relationship a step further, and proposes a deeper collaboration: a new combination called Mediation/Collaborative Law, or "Med/ Collab." The discipline of Alternative Dispute Resolution and its practitioners are not unfamiliar with collaborations. Hybrid processes on the ADR continuum' 7 include Med/Arb and Arb/ Med. In the same spirit, Med/Collab presents the best aspects and benefits of each process, while addressing and overcoming the difficulties each process separately faces in dealing with domestic violence.

Part II of this paper will revisit …

Attorney-Client Privilege & International Arbitration, Ibrahim Shehata

Cardozo Journal of Conflict Resolution

This article attempts to offer a new perspective to the existing debate concerning the applicable standard of attorney-client privilege in international commercial and investment arbitration. This article starts by analyzing the main convergences and divergences in the concept of attorney-client privilege across four national jurisdictions. In this regard, this article sheds light upon the divergence of opinions between international arbitration scholars in the literature and how international arbitration operates in practice. For instance, the standard of the "most-protective law," which most arbitration scholars vouch should be the right answer, is not actually the most featured standard in the published arbitral …

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 20, Iss. 3

Cardozo Journal of Conflict Resolution

No abstract provided.

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.

Cooperative Design Lawyering: How Can Lawyers Prevent Disputes Through Value Innovation?, Jean-François Roberge, Véronique Fraser

Cardozo Journal of Conflict Resolution

This article puts forth processes for preventing disputes based on value innovation, an approach referred to as Cooperative Design Lawyering ("CDL"). It suggests that law firms could take a competitive edge by offering Cooperative Design Lawyering services. It explores how legal designers can redefine the value and predictability of a relationship between parties by creating positive-sum interdependence, managing risk allocation and preventing the escalation of eventual disputes. It argues that CDL has the potential to act as a "blue ocean" strategy by targeting unmet needs and delivering value innovation to reach untapped markets. CDL relationship-oriented services capture value and improve …

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 …

Remodifying Colombian Peace Process: A Critical Perspective And A Demand For Justice, Armando Martinez

Cardozo Journal of Conflict Resolution

Part II of this Note will give a background of the FARC, the FARC's impact throughout Colombia., and the Role of the ICC in the Colombian Peace Process. Part III of this Note will discuss the legal status of the peace deal between the FARC and the Colombian Government, as well as whether the ICC should intervene in the peace deal's implementation process. Lastly, Part IV discusses that the future Colombian presidential administration should consider modifying the current peace deal using interest-based facilitative mediation

Solving The Problem-Solver Problem: How A Revamp Of Arbitral Ethics Will Encourage Plaintiffs And Benefit Defendants, Lindsey Rubinstein

Cardozo Journal of Conflict Resolution

This Note aims to expose the consequences of these ethical deficiencies, including a lack of uniformity in arbitral results, conflicts of interest, and a lack of bargaining power for plaintiffs. This Note will also provide a framework for what an arbitral code of ethics should look like to ensure greater protections for petitioners. It is important to mention that this Note will explore the problems introduced above exclusively in the context of the ethical framework provided by the AAA. Part II will provide background information on the rise of arbitration, the development of the AAA Code of Ethics, and the …

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 …

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 20, Iss. 4

Cardozo Journal of Conflict Resolution

No abstract provided.

Editor's Note & Acknowledgments, Nicholas Gliagias

Cardozo Journal of Conflict Resolution

The Cardozo Journal of Conflict Resolution would like to acknowledge the distinguished professors that made this reference book possible. We would like to thank Professor Hal Abramson, who served as the Faculty Editor of the Reference Book and Co-Chair of the Singapore Convention Symposium. Professor Abramson was instrumental in the procurement of articles and the organizational structure of the Reference Book. In addition, his expertise and editing work in the subject matter contributed greatly to the Reference Book's final published state.

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.

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.

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.

The New Singapore Mediation Convention: The Process And Key Choices, Hal Abramson

Cardozo Journal of Conflict Resolution

This article presents the backstory of the New Singapore Mediation Convention, which is really two stories: one on the multiparty negotiation process that produced the Convention and one on the substantive choices in the Convention. The two stories also illustrate the relationship between a well-designed process and result.

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

Cardozo Journal of Conflict Resolution

No abstract provided.

Introduction, Hal Abramson

Cardozo Journal of Conflict Resolution

This Reference Book focuses on the new Singapore Mediation Convention for enforcing cross-border mediated settlement agreements. It is designed to deliver on its title-as a reference book. We hope that it will inform discussions as states contemplate ratifying the Singapore Convention and will aid users when interpreting the Convention.

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.

Recognition By Any Other Name: Article 3 Of The Singapore Convention On Mediation, Timothy Schnabel

Cardozo Journal of Conflict Resolution

The heart of the Singapore Convention is contained in its third article. Other parts of the treaty's text, such as Article 1 (addressing the scope of the Convention), consumed more hours of the negotiations, and Article 5 (addressing grounds for refusal) will likely be the focus of most of the eventual litigation regarding the Convention's application to particular disputes. Moreover, most of the Convention's fifteen other articles are longer and more detailed than Article 3. Yet only Article 3 imposes affirmative obligations on Parties to the Convention. All other articles merely play supporting roles, such as placing boundaries on the …

Singapore Convention Defences Based On Mediator's Misconduct: Articles 5.1(E) & (F), Michel Kallipetis

Cardozo Journal of Conflict Resolution

At the February 2019 ICC Mediation Competition in Paris, Damien Cote from Canada and David Lewis from New York moderated a "debate" on the Singapore Convention. One of the panellists launched into a full-scale attack on the Convention, in which he dismissed it on the basis that the "whole document resembled the New York Convention and was redolent of arbitration rather than mediation." The speaker focused on Article 5 and the Grounds for Refusing Relief, and he was particularly critical of Articles 5.1(e) and (f). He expressed his view that these articles were apposite to the setting aside of an …

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 Singapore Convention: Reflections On Articles 1.3 On Scope, 8.1(B) On Reservations, And 12 On Regional Economic Integration Organizations, Norel Rosner

Cardozo Journal of Conflict Resolution

The General Assembly of the United Nations adopted on 20 December 2018 the United Nations Convention on International Settlement Agreements Resulting from Mediation (the "Convention"). The Convention opened for signature in Singapore in August 2019. The UN adoption marks the culmination of a process that started in 2014 at the United Nations Commission on International Trade Law ("UNCITRAL"), first with discussions on the proposal to take up this project and then, as of September 2015, on the actual principles, form, and text of the instruments to be drafted. The Convention was drafted in conjunction with a Model. Law that contains …

Reservations In The Singapore Convention-Helping To Make The "New York Dream" Come True, Itai Apter, Coral Henig Muchnik

Cardozo Journal of Conflict Resolution

Following a brief introduction of the Singapore Convention, this article discusses the concept of reservations in international law and the importance of such mechanisms for facilitating adherence to multilateral treaties. It then focuses on two elements of the reservation mechanism including their drafting history, purposes, and consequences. In the final section of the article, we explain how these reservations will likely constitute a key component to the success of the Singapore Convention.

Masthead, Cardozo Journal Of Conflict Resolution, Vol. 21 (2019–20)

Cardozo Journal of Conflict Resolution

No abstract provided.