Dispute Resolution and Arbitration Commons^™

Table Of Contents

Journal of Dispute Resolution

No abstract provided.

From Ancient Practices To Modern Law: The Evolution Of Mediation, Shannon Hoggatt

Journal of Dispute Resolution

From property disputes in ancient Sumer to complex corporate conflicts in modern America, mediation has long served as a vital tool for resolving disputes without resorting to formal adjudication. Defined as “a process in which an impartial third party helps others resolve a dispute or plan a transaction,” mediation has been used to settle disputes since as early as 4500-1900 B.C.E. Over millennia, mediation has evolved in response to cultural, legal, and technological shifts, reflecting the diverse values and priorities of the societies that employed it.

Arbitration Unplugged: Heckman V. Live Nation And The Future Of Compelled Arbitration, Will Knowles

Journal of Dispute Resolution

“Long story short, it was a bad time.” The lyrics from Taylor Swift’s 2020 song Long Story Short resonated strongly with her fans in 2022 when they attempted to purchase tickets to her record breaking Eras Tour. The self-proclaimed “Swifties” waited for weeks to purchase presale through the tour’s official ticketing partner, Ticketmaster. Ticketmaster, an American ticketing giant owned by Live Nation, handles over seventy percent of all ticket transactions in the country. November 15 arrived and the Swiftie army entered the virtual queue with hopes of securing tickets to see their hero. Ticketmaster, however, did not prepare for the …

Faculty List

Journal of Dispute Resolution

No abstract provided.

Masthead

Journal of Dispute Resolution

No abstract provided.

“Take A Seat”: Overcoming The Enforceability Challenges Of Crowdsourced Blockchain Arbitration, Anna-Sophie Hochgürtel

Journal of Dispute Resolution

This essay addresses the recent phenomenon of Crowdsourced Blockchain Arbitration (CBA). Within the landscape of new digital dispute resolution tools, I argue that CBA stands out as a cost-effective adjudicative dispute resolution forum for online consumer disputes. I then provide an overview of existing CBA platforms and address the question to what extent CBA constitutes a form of arbitration. Only if it does can CBA arbitration agreements and arbitration awards be enforced domestically and internationally under the New York Convention of 1958. I demonstrate that while CBA proceedings correspond to a conceptual understanding of arbitration, they fall outside the international …

Description

Journal of Dispute Resolution

No abstract provided.

Topple Headfirst Into The Dark: Restorative Justice In Missouri And Hope For The Future, Emma Donaldson

Journal of Dispute Resolution

Imagine you are not reading this article. Instead, you are walking back home from dinner with your friends. As you walk down the street, someone comes up behind you and demands you hand them your money. You turn around to give them all the money you have, only to lock eyes with the barrel of a gun. What are you feeling in this moment? A little bit of rage perhaps. Maybe your hands have started shaking. Or, just maybe, you are feeling a little defiant. But before you can even react, a police officer is running down the street, yelling …

Resolving Ranks: The Role Of Adr In Military Justice, Dane Puckett

Journal of Dispute Resolution

The United States (U.S.) Armed Forces is composed of seven military branches: Army, Navy, Air Force, Marine Corps, Coast Guard, National Guard, and Space Force. Each military branch has an alternative dispute resolution (“ADR”) program. These programs use a collection of techniques, generally informal and collaborative in nature, to resolve disputes as a substitute for litigation. The characteristics of ADR proceedings tend to produce quicker, less expensive outcomes compared to litigation. This very reason is why Congress enacted the Administrative Dispute Resolution Act (“ADRA”) of 1996, directing federal agencies to establish ADR policies and programs.

Legislative Update, Steven Flanders, Brianna Ford Imm, Anna Miller, Katie Taafe

Journal of Dispute Resolution

The Legislative Update tracks legislation related to alternative dispute resolution proposed and enacted in state legislatures nationwide. Under the guidance of the Associate Editor-in-Chief, Associate Members of the Journal of Dispute Resolution prepared this update. It includes articles examining specific bills and broader legislative trends across various states that the authors found particularly significant and impactful.

Towards Customizing Principled Negotiation Based On Culture: A Differentiated Approach, Monique Carels, Yannic Anthony Ratt

Journal of Dispute Resolution

Negotiation is a common part of our lives. We often negotiate with our spouses about the monthly budget, with our children to complete chores or homework, and when trying to get a better deal on a pre-owned vehicle. The negotiation process encompasses various aspects that are carried out differently and are influenced by culture. Thus, negotiation becomes intercultural when it involves at least two parties from different cultural backgrounds trying to agree on mutual interests

Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez

Faculty Scholarship

Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …

The Case For An African Investment Court (Aic), Won L. Kidane

Faculty Publications

No abstract provided.

Mental Health And Conflicts: A Handbook For Empowerment, Dan Berstein

DRI Press

Mental health needs are universal. About half of us will end up having a diagnosable mental health issue at some point during our lives, and we all know what it is like to have a bad day. We also understand conflicts are hard and they often bring out the worst in us. There are simple ways to be ready for when mental health needs arise during conflicts. This handbook introduces different mental health perspectives, dispels common stereotypes, and provides tools for empowering mental health communication. This book is designed to help laypeople as well as professionals across all kinds of …

Lela Love Receives Charles M. Newman Award For Contributions To Dispute Resolution And Mediation Community, Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

Lela P. Love, Professor of Law (Emerita) and Founding Director of the Kukin Program for Conflict Resolution, received the Charles M. Newman Award from the New York State Bar Association's Dispute Resolution Section in recognition of her outstanding contributions to the fields of mediation and dispute resolution. The announcement also highlights her pioneering role in establishing Cardozo's nationally recognized dispute resolution program.

All Things Adr, Kukin Program For Conflict Resolution, Cardozo Dispute Resolution Competition Honor Society (Cdrchs), Cardozo Dispute Resolution Society (Cdrs)

2025–2026 Flyers

Please join the Kukin Program for Conflict Resolution for All Things ADR, to learn about the dispute resolution societies, competitions and clinics offered at Cardozo.

We will provide information about programs such as the Dispute Resolution Honor Competition Society, the Cardozo Journal of Conflict Resolution, the Cardozo Dispute Resolution Society, the Dispute Resolution Clinics, and the Certificate in Dispute Resolution.

All Things Adr Lunch With Faculty & Student Leaders, Kukin Program For Conflict Resolution, Dispute Resolution Honor Competition Society, Cardozo Journal Of Conflict Resolution, Cardozo Dispute Resolution Society

2026 Event Invitations

Please join the Kukin Program for Conflict Resolution for All Things ADR, to learn about the dispute resolution societies, competitions and clinics offered at Cardozo.

We will provide information about programs such as the Dispute Resolution Honor Competition Society, the Cardozo Journal of Conflict Resolution, the Cardozo Dispute Resolution Society, the Dispute Resolution Clinics, and the Certificate in Dispute Resolution.

Ai Arbitrators: Bridging Human And Machine Judgment In Construction Law, Mari Maloul

Cardozo Journal of Conflict Resolution (CJCR) Blog

In an industry guided by complex contracts, intense regulations, and narrow margins, disputes within construction are bound to occur. Internationally, arbitration has long established itself as a go-to method for resolving these disputes. On November 3, 2025, the American Arbitration Association’s International Centre for Dispute Resolution (“AAA-ICDR”) launched an AI-powered arbitrator tool which will revolutionize the future of construction arbitration. This machine learning system was created to recreate the human-like decision making process, yet still emphasizes the importance of human input as human arbitrators remain on board for reviewing final drafts. The AI arbitrator assesses claims “emulate[ing] human judgment,” provide …

Taxation And The Fair And Equitable Treatment Standard In International Investment Arbitration, Jiangfeng Li

Northwestern Journal of International Law & Business

The recent decade has witnessed an increase of cases in which foreign investors have challenged host states’ taxation measures in international investment arbitrations, arguing that they violated investment treaty protection standards including fair and equitable treatment (“FET”). After conducting a close examination of cases involving taxation-related claims in international investment arbitration, this article reveals that in the cases involving the host states’ taxation measures, the ability of investors to invoke FET claims is very limited, and the chances of foreign investors succeeding in protecting their investment interests through FET claims are much lower compared to other types of non-taxation-related claims. …

Dokdo/Takeshima And Maritime Delimitation Between The Republic Of Korea And Japan: A Comment On Icj Dispute Resolution, Katherine Angell

American University International Law Review

The Republic of Korea (Korea) should agree to submit the issue of sovereignty over Dokdo/Takeshima and the issue of maritime delimitation in the East Sea/Sea of Japan to the International Court of Justice (ICJ) because the ICJ is likely to decide that Dokdo/Takeshima is Korean territory and the tensions in the East Sea/Sea of Japan can be resolved to allow further cooperation between the two nations. The ICJ is the primary avenue for peacefully resolving territorial and maritime delimitation disputes between nations, and the ICJ has developed a substantial body of case law analyzing these issues. The ICJ considers various …