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.