Dispute Resolution and Arbitration Commons^™

The Power Of Empathy, Elayne E. Greenberg

Faculty Publications

(Excerpt)

As colleagues in the dispute resolution field, we have likely participated in the ongoing, often heated debate about the role, if any, of empathy in dispute resolution. There are those colleagues who believe that empathy will only muck up what is really important, the bottom-line number and your evaluation about how to get there. On the other side of this controversy, there are seasoned colleagues who regularly use empathy as dispute resolution currency, often at the risk of being marginalized as “touchy feely” by those who don’t understand its value. To help us get past each other’s anecdotal justifications …

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 17, Iss. 2

Cardozo Journal of Conflict Resolution

No abstract provided.

Mediating Discovery Disputes: When "Meet And Confer" Alone Is Not Enough, Marian Riedy, Nancy Greenwald

Cardozo Journal of Conflict Resolution

It is universally agreed that mediation can be a very effective tool for resolving a civil lawsuit. For this reason, to save the parties' time and expense, and to conserve judicial resources, a large majority of jurisdictions require the parties to participate in mediation or another ADR technique before proceeding to trial. Mediation is not commonly employed, however, as a method of resolving discovery disputes. This article proposes that mediation, properly adjusted to account for the differences between the "endgame" and the discovery phase, can and should be used more widely as an efficient and cost-effective alternative to court orders …

The Psychology And Neurobiology Of Mediation, Elizabeth E. Bader

Cardozo Journal of Conflict Resolution

This article grew out of a moment in mediation when a party became furious with me after receiving the opening offer from the other side. As I tried to understand what was happening, I suddenly realized it was not about the offer at all. It was about him. He feared a loss of "face" in front of the other parties.

A Genesis Of Conflict: The Zero-Sum Mindset, Jonathan R. Cohen

Cardozo Journal of Conflict Resolution

Parties in conflict often operate under the assumption that for one party to win, the other party must lose. This concept, known as the "zero-sum mindset, " can lead to undesirable results, both because it can make disputes harder to resolve and because people holding such beliefs are more likely to get into conflicts to begin with. Over the past several decades, legal educators specializing in dispute resolution have worked hard to challenge that mindset. This task is not simple, for framing conflict in zero-sum terms has very deep cultural roots tracing back at least to the Biblical stories in …

Saving Mr. Banks And Other Interest-Based Negotiations, Michael Rogers

Cardozo Journal of Conflict Resolution

The goal of this article is to encourage the use of interestbased negotiations. Some of the stories included will be familiar; others will be fresh. In Getting to Yes, Fisher and Ury identify four principles of negotiation ("principled negotiation") that can be employed effectively in almost any type of dispute resolution: (1) Separate the people from the problem; (2) Focus on interests rather than positions; (3) Invent options for mutual gain; and (4) Insist on using objective criteria. Because focusing on interests is the second step identified in Getting to Yes, and inventing options for mutual gain is the …

The War On American Diplomacy: Isis, Al-Qaeda, And Taliban's Sustained Attacks On Peaceful U.S. Missions Abroad, Justus Reid Weiner

Cardozo Journal of Conflict Resolution

According to the American Foreign Service Association, seventy-six U.S. diplomats were killed between the years of 1973 and 2013 during peaceful missions abroad, amounting to over forty deaths. These diplomats were beacons of peace in their respective regions, maintaining peaceful relations amongst each other's countries and mitigating conflict without the use of violence. Continued attacks on diplomats are a demonstration of violence not only against them as individuals, but against peace around the globe. The most obvious way to resolve this conflict is to acknowledge the innumerous terror attacks that have taken place and take active steps to resolve the …

A Conversation Between Hon. Daniel Weinstein And Kenneth Feinberg, Moderated By Lela Love, Kenneth R. Feinberg, Daniel Weinstein, Lela Love

Cardozo Journal of Conflict Resolution

On October 8, 2015, the Benjamin N. Cardozo School of Law's Mediation Clinic celebrated its 30th Anniversary. In honor of this auspicious occasion, two leading alternative dispute resolution ("ADR") masters, the Honorable Daniel Weinstein (Ret.) and Kenneth Feinberg, Esq., convened for a conversation about their remarkable experiences in the ADR field. Feinberg has overseen the administration of settlement funds designed to help the victims of some of the largest disasters in United States history, including the September 11th victim compensation fund and the the BP oil spill. Weinstein is one of the preeminent mediators of large complex disputes, a founder …

Enhancing The Community Relations Service Arsenal: A Restorative Justice Solution For Community Conflicts With Local Law Enforcement That Have A Race-Relations Basis, David B. Rabbani

Cardozo Journal of Conflict Resolution

This Note proposes that restorative justice should be incorporated by the CRS to promote fairness and to foster a change in the definition of success for the agency to include more permanent and inspiring solutions that have the potential to prevent conflict in other parts of the country. Part A of Section II provides background on the shooting of Michael Brown and the reaction in both Ferguson and the U.S. in general along with perceptions and facts about race-relations in Ferguson. Part B of Section II focuses on the CRS and its creation, history, and methods. Part C of Section …

Table Of Contents - Cardozo Journal Of Conflict Resolution, Vol. 17, Iss. 3

Cardozo Journal of Conflict Resolution

No abstract provided.

A Survey Of Beliefs And Priorities About Access To Justice Of Family Law: The Search For A Multidisciplinary Perspective, Peter Salem, Michael Saini

Cardozo Journal of Conflict Resolution

Within the last decade, the term "Access to Justice" has grown in popularity among legal commentators, scholars, family justice reformers, government policy makers, and the media. But with all of this new attention, there remains no common understanding or definition of Access to Justice and its potential implications for children and families in domestic relation courts. The purpose of this cross-sectional online survey was to explore the meaning of Access to Justice according to legal, mental health, and dispute resolution professionals in various countries. The sample included 442 respondents (e.g., judges, lawyers, custody evaluators, mediators, family court services, court administrators, …

Parentage Without Gender, Joanna L. Grossman

Cardozo Journal of Conflict Resolution

This essay will explore the origins of parentage law, the questions raised by modern families, and the impact of the Obergefell ruling. When we remove gender from questions of parentage, what remains?

Set Another Place At The Table: Child Participation In Family Separation Cases, Stacey Platt

Cardozo Journal of Conflict Resolution

The issue of child participation in family separation cases divides judges, lawyers, child advocates, and mental health professionals. Broadly, the differing perspectives can be explained as follows: the anti-participation perspective is concerned about harming children by placing them in the middle of their parents' disputes, pressuring them to choose sides, and relying too much on children's unreliable opinions and sometimes whimsical positions; the pro-participation perspective is concerned about ensuring a just process in which children are provided the opportunity to be heard before decisions are made that will impact them directly and significantly, as children and beyond.

Both sides raise …

Multicultural Adr And Family Law: A Brief Introduction To The Complexities Of Religious Arbitration, Michael J. Broyde

Cardozo Journal of Conflict Resolution

Recent polls indicate that the U.S. population is getting less religious and more secular. This seems to mirror the nation'sand its laws'-movement away from reflecting certain traditional values. While these movements have left some members of the religious population in a precarious situation, surrounded by a society whose values are changing before their eyes, it has also caused the religious to cling tighter to their respective faiths and become more entrenched in the values they assert.

A Special Approach To Mediation For Moslem Clients, Nadia Shahram

Cardozo Journal of Conflict Resolution

The general saying "one size fits all" does not apply in the mediation setting. No mediation model advocates one strict approach for all mediations. In fact, each model offers a variety of styles to employ when working with clients, each with strengths applicable to specific situations. Mediators know how to adapt to the different circumstances of each client. They know that one size does not fit all.

Resolving Multicultural Family Disputes In New York: A Clash Of Courts And Cultures, Alla Roytberg

Cardozo Journal of Conflict Resolution

In this Article, I will discuss my experiences with litigated cases involving multi-cultural families. I will then analyze how issues of cultural sensitivity can be addressed and honored during a mediation between the parties, with the help of an experienced, culturally sensitive mediator.

Fifteenth Annual International Advocate For Peace Award Honoring Peter, Paul And Mary, Melanie Leslie, Lela Love, Lara Traum, Peter Yarrow, Noel Paul

Cardozo Journal of Conflict Resolution

On February 22,2016, the Cardozo Journal of Conflict Resolution presented its fifteenth annual International Advocate for Peace Award to Peter, Paul and Mary, the legendary peace-activist folk music trio. What follows is a transcription of the award ceremony, including Peter Yarrow's acceptance speech on behalf of the trio.

Of Grids And Gatekeepers: The Socioeconomics Of Mediation, Robert Rubinson

Cardozo Journal of Conflict Resolution

Mediation scholars have long debated which mediator "style" or "model" is correct. The origin of the debate arises from a foundational piece of scholarship by Leonard Riskin. Riskin proposed a "grid" of mediator orientations comprised of what came to be known as "facilitative mediation" and "evaluative mediation." A more recent addition to the grid-and one that is almost universally recognized as a distinct model-is "transformative mediation." These three models are so embedded in the literature of mediation that they have been called "the big three."

This Article will survey these issues in three parts. First, it will offer an overview …

Reform Of Family Justice: Children's Dispute Resolution In Hong Kong, Katherine Lynch

Cardozo Journal of Conflict Resolution

This article discusses evolving family justice system reforms in Hong Kong and the inherent problems that persist with the system, particularly as they relate to the resolution of disputes involving children.1 9 The important initiatives of the Hong Kong Judiciary are highlighted (including the various mediation practice directions issued and pilot schemes established), along with challenges of legislative reform in the family justice area. Underlying all of this are the various paradigm shifts occurring within family justice systems, including the emergence of the "shared or joint parental responsibility" concept, the increased use of ADR processes for children's issues outside of …

Reducing Recidivism Of Violent Offenders Through Victim-Offender Mediation: A Fresh Start, Laura Ravinsky

Cardozo Journal of Conflict Resolution

This Note will examine how VOM between victims and violent offenders improves the criminal justice system and reduces recidivism. The Note will propose that there is a better remedy for violent crime than punitive prison sentences absent genuine efforts to reform. In Section II, this Note will discuss the breakdown of the U.S. criminal justice system, particularly the excessive incarceration rate and the ineffectiveness of the current retributive scheme, followed by a history and overview of VOM. Next, it will discuss the issue of prison recidivism, how it affects our society on both a social and economic level, and the …