Judge Daniel Weinstein (Ret.) Honored as recipient of 2014 Cardozo International Advocate for Peace Award

Judge Weinstein and Ambassador Carden with participants of the International JAMS Fellowship Program.  From left to right: Giulio Zanolla (Italy), Zimena Bustamante (Ecuador), Ihsanullah Khan (Pakistan), Laila Ollapally (India), Sherif Elnegahy (Egypt), Andrew Wei-Min Lee (China), Ambassador David Carden, Judge Daniel Weinstein, Farshad Ghodoosi (Iran), Francisco Giménez-Salinas Framis (Spain), Dimitra Triantafyllou (Greece), Peter Kamminga (Netherlands), Hagit Shaked-Gvili (Israel), Paola Cecci Dimeglio (France).  

On the evening of Monday, March 16, 2015, Judge Daniel Weinstein received the Cardozo International Advocate for Peace Award.  Judge Weinstein was selected to receive this award for his ingenuity and vision in creating the Weinstein International JAMS Fellowship Program.  The Fellowship Program has become a high-level, international peacemaking community, providing opportunities for dispute resolution scholars and professionals from around the globe to engage with one another, building networks in the United States and abroad, to advance dispute resolution globally.

Judge Weinstein joins previous recipients of the International Advocate for Peace Award which include among other distinguished recipients: President Bill Clinton, President Jimmy Carter, Archbishop Desmond Tutu, Senator George Mitchell and Seeds of Peace, Ambassador Dennis Ross, Stuart E. Eizenstat, and Eve Ensler.

The Moot Court Room was full for the award ceremony which included an introduction by Ambassador David Carden, a long time friend of Judge Weinstein.  As part of his acceptance speech, Judge Weinstein asked several of the fellows to share their experiences and achievements since completing the Program.  JAMS International Fellows traveled to New York City from Italy, Ecuador, Pakistan, India, Egypt, China, Iran, Spain, Greece, the Netherlands, Israel, and France to be present for the ceremony.  

For more information about the awards ceremony please visit www.cardozo.yu.edu/kukin or www.cardozojcr.com.



Introduction to Mediation
June 29 - July 3, 2015

Budapest, Hungary
This intensive one-week course facilitates the exchange of ideas and cooperative projects among mediation scholars, practitioners, trainers, and students from around the world. In addition to offering an introduction to mediation, the program provides a teaching and training template for mediation training for scholars and practitioners to adapt for use in their home countries. Through lecture, discussion, demonstration and role plays, students will be introduced to mediation theory and skills and examine the impact of culture and context on the consensus building approach adopted.

Participants should come prepared for a highly engaging learning experience. Case examples will focus on both civil and criminal mediation models and scenarios from both the United States and Central and Eastern Europe, including efforts to promote dialogue in times of crisis involving high-conflict situations and interethnic tensions.

Mediation is a newly emerging field in both the west and the east. Legislation mandating the use of mediation has outpaced the development of both theory and practice, and this course is designed in part to fill that gap, cultivating scholars, teachers, trainers, and practitioners in this developing and important arena.


Mediation Clinic 30th Anniversary Celebration


Dear Friends of Cardozo’s Kukin Program for Conflict Resolution,

It is with great pleasure that I urge you to Save the Date of Thursday, October 8, 2015 to celebrate the 30th Anniversary of the Cardozo Mediation Clinic.  

It is hard to believe that thirty years have passed and there are now more than 500 alumni of the Mediation Clinic and thousands who have taken courses and other clinics of Cardozo’s Kukin Program for Conflict Resolution.  We want to bring this important and vibrant community together. 

To celebrate our thirtieth year of the Clinic, we are planning a dinner program featuring Key Note Speaker Kenneth R. Feinberg, together with other notable alumni of the Clinc.  The evening will also include lively musical entertainment and of course lots of fun!  More details about the event will follow over the coming months. 

Your support and involvement is essential in ensuring that Cardozo’s prominent dispute resolution program can continue to thrive and train students in mediation and dispute resolution processes for many years to come.  I look forward to celebrating this exciting milestone of our program with each of you in October 2015!

Lela Love



International Advocate for Peace Award Ceremony in Honor of Judge Daniel Weinstein (Ret.) 

Monday, March 16, 2015
6:30pm - 8:30pm
Benjamin N. Cardozo School of Law
55 Fifth Avenue
New York, NY 10003

Reception to Follow  

RSVP to eic@cardozojocr.com


Cardozo Dispute Resolution Society Presents:

Lunch & Learn with David Abeshouse

David Abeshouse is a business mediator, arbitrator, and litigator and will speak about exciting ways to start your career in ADR.

February 9, 2015 at 12:00pm
Benjamin N. Cardozo School of Law
55 Fifth Avenue, 9th Floor
Seminar Room 9
New York, NY 10003

For the past 15 years, David Abeshouse has been a solo practitioner concentrating in business litigation and alternative dispute resolution (ADR; arbitration and mediation), creatively resolving the business disputes of clients -- entrepreneurs, professionals, and small businesses -- through court litigation, arbitration, or mediation.  He has served for many years on the Boards of Directors, as President, or pro bono General Counsel, of several not-for-profit corporations; helps to run business networking groups (including the Attorney Round Table); belongs to several other networking groups (e.g.,Gotham Networking and the Intl. Network of Boutique Law Firms); and for nearly twenty years served as President of the U.S. (Manhattan and Chicago) real estate business of an Australian client.  David also is a past Chairperson of the Nassau County Bar Association ADR Law Committee as well as a past Adjunct Law Professor, at St. John's Univ. School of Law, teaching ADR.

Intensive Advanced Mediation Training

Sunday, January 25, 2015
9:00am - 5:00pm
Benjamin N. Cardozo School of Law
55 Fifth Avenue, New York, NY 
This advanced training is conducted by Professors Joseph B. Stulberg and Lela P. Love.  The training includes principles and strategies for mediating complex disputes, handling difficult situations, and a workshop on making effective presentations.   


Representation in Mediation: Intensive Mediation Advocacy Program (IMAP)
January 5-9, 2015
Benjamin N. Cardozo School of Law
55 Fifth Avenue, New York, NY 

Taught by Professors Ellen Waldman and Hal Abramson, this intensive, interactive course introduces students to negotiation and mediation theory and provides strategies and skills for effective attorney representation in mediation. Every dispute does not result in a trial. In fact, more often than not, the litigants, represented by their respective attorneys, come to an agreement with the help of a mediator. Unlike Cardozo’s Mediation Clinic, which teaches students how to be the mediator, IMAP teaches students what it means to be the attorney during negotiations and mediation. The program will culminate in the students participating, as attorneys, in a mock mediation with an experienced mediator. 

Course Schedule: Monday - Thursday 12-5:30 PM; Friday 9 AM-2 PM


Hopeful Ruminations of a Curmudgeonly Mediator
Tuesday, December 9, 2014, 2:00 pm - 5:00 pm
New York City Bar Association
42 West 44th Street
New York, New York

Presented by: Robert Kirkman (Bob) Collins, Esq.
Looking back with the perspective of a war-weary but stll optimistic practitioner who's labored in the field of divorce and family mediation for a third of a century, Bob Collins will offer his reflections on what mediators have done well over these decades and where we've fallen short; he'll then offer concrete suggestions (and host discussions regarding) where we might all go from here -- both institutionally and as individuals -- to elevate the field and expand our individual practices. This analysis of important topics in the profession will be approached in Bob's uniquely irreverent way -- in which all of the issues (but none of the institutions or individuals involved) are taken too seriously.
Host: The Family Divorce & Mediation Council of Greater New York
RSVP FOR THIS EVENT at http://fdmcgny.org/rsvp
Cost: Free to FDMC members * First CE is free to non-members ($40 fee thereafter)


Mediation in the Setting of Non-Traditional Family Disputes
November 19, 2014, 6:00pm - 7:30pm (1.5 CLE)
Benjamin N. Cardozo School of Law
55 Fifth Avenue, Room 1008, New York, NY 
The Cardozo Dispute Resolution society hosted an evening program featuring four experienced mediators and educators,Teresa Calabrese, Bob Collins, Joy Rosenthal, and Alla Roytberg.  The presenters discussed the role of mediation in resolving family conflicts that are still inconsistently addressed by American law, including: same sex partnership, adoption, surrogacy, multicultural, elder, and sibling disputes. While family law mediation addresses divorce and parenting issues, the focal point of this panel was the way in which family mediators can navigate those family scenarios that are still inconsistently addressed by American law.

Cardozo Journal of Conflict Resolution Hosts the Jed D. Melnick Symposium:  Is Mediation a Sleeping Beauty?

Front Row, Left to Right: Brett Schiff, Lara Traum, Arriel Rubenstein, Hal Abramson, Lela Love, Robert Baruch Bush, Tracey Frish, James Coben, Laurel Kaufer, Paula Shulman; Back Row, Left to Right: Nancy Welsh, Jacqueline Nolan - Haley, Kimberlee Kovach, Douglas Frenkel, Giuseppe DePalo, Joseph Stulberg, Brad Heckman, Dan Weitz, Donna Erez-Navot (Not Pictured: Jim Stark, Eric Galton (pictured below), Carol Liebman (pictured below))

On November 2, 2014, the Cardozo Journal of Conflict Resolution asked Is Mediation a Sleeping Beauty? in its Annual Jed D. Melnick Symposium.  Some have described the event as a “Taking Stock” symposium, which is hopefully “a turning point in reinstating core elements of the mediation process” (email from Chris Stern Hyman to Lela Love).  Speakers expressed general concern that mediation was indeed sleeping and not all together beautiful and that action was needed to revive her.
Professor Giuseppe De Palo (ADR Center in Rome, Italy), the keynote speaker, introduced by Hal Abramson, presented a study examining the underuse of mediation throughout the European Union.  Professor Abramson asked whether Giuseppe De Palo himself was indeed a real Prince Charming with a proposal that will wake up sleeping beauty!  De Palo replied that he probably wasn’t, and that voluntary mediation was also not Prince Charming. De Palo discussed the results of a major mediation study conducted for the European Parliament, showing the tiny size of the EU mediation market, analyzing the ineffectiveness of current pro-mediation policies and calculating the tremendous time and cost savings increased use of mediation would generate.  He concluded that mediation in the EU is "dormant" and proposed mandatory mediation with an easy opt-out (or "mitigated mandatory mediation") as the sole, real Prince Charming. In the end, mitigated mandatory mediation in Italy has brought 20 times as many mediations as the second EU country with respect to mediation.
During the first panel titled “Is She Sleeping?” moderated by Jim Stark, Kim Kovach suggested that mediation is in a coma. Kovach  examined the process’ early (and beautiful) objectives and discussed the

marriage of the adversarial father, litigation, with the beautiful mother, mediation, which produced the mutant child, liti-mediation.  The courtship of the two processes hid the ‘real’ features (what many of us would consider the beauty) of mediation.  Soon thereafter, mediation was put into a coma. Professor Jacqueline Nolan-Haley (Fordham Law School) described these times as a season of light: with mediation at the height of its popularity (sometimes displacing arbitration as the usual method of dispute resolution); with mediation as the most frequently used ADR process in state and federal courts; and with international and provider organizations, formerly devoted to arbitration, now enacting new rules that focus exclusively on mediation.  But these times are also a season of darkness: darkness from abuse of process, confusion of the mediator’s role, and misapplication of the process in the face of cultural challenges.  Professor Robert A. Baruch Bush (Hofstra University School of Law) concluded that mediation had been drawn into an intoxicating problem-solving culture—resulting in many mediators being too focused upon the “drug-like high” of settlement.  Instead, he presented an agenda to revitalize self-determination in mediation, calling for (among other things) an end to the fiction that evaluative case settlement is mediation and for a redesign of mediator training. 

The second panel, “Is She Beautiful?,”, moderated by Doug Frenkel, examined whether mediation lives up to its original promise.  Panelists Professor James Coben (Hamline University Law School), Professor Joseph B. Stulberg (Ohio State University Moritz College of Law), and mediator Laurel Kaufer presented varying views.  Professor Coben didn’t mince words when he said that he believed mediation has turned ugly -  another tool for litigators to delay and abuse the judicial system. He also described our current system for selecting mediators as an “aristocracy,” not based on mediator skill but in stead on inflated reputations.  Professor Josh Stulberg explored whether interest-based bargaining theory, often the mediator's privileged approach for fostering negotiation, operates to reinforce party inequalities and undermine party self-determination, contrary to the presumptively salient values of the mediation process.  Laurel Kaufer found beauty in mediation as she described the success of Prison of Peace, a nonprofit organization she co-founded that trains life and long-term inmates in mediation and peacemaking skills.  

Eric GaltonMediator Eric Galton, Professor Nancy Welsh (Penn State University Dickinson School of Law), and Professor Donna Erez-Navot (University of Wisconsin Law School) reflected on “Who is the Wicked Witch?” for a panel moderated by Dan Weitz. Mr. Galton blamed commercial mediators for caving in to lawyer demands to eliminate joint sessions, limit party participation, and provide evaluations.  Professor Welsh shifted to the fairy tale of Cinderella, arguing that as courts prioritize case closure and lawyers’ preferences over process quality or the protection of parties’ self-determination, they too often behave like the self-interested and vain stepmother; but Professor Welsh also urged that courts have the unique potential to be the Fairy Godmother, by granting mediation the markers of legitimacy and thus enabling others to appreciate the process’ inherent beauty.  Professor Erez-Navot pointed to “wicked witch” elements in child permanency mediation, including reduced party participation and representatives who are more concerned with their professional relationships with judges and adversaries than the welfare of the parties they represent.

The final panel, entitled, “Who is Prince Charming?”, moderated by Lela Love, featured Professor Carol Liebman (Columbia Law School), Brad Heckman (the New York Peace Institute), and Tracey B. Frisch (American Arbitration Association).  Professor Liebman suggested candidates for Prince Charming might be: mandatory mediation (for certain cases), pay for mediators (in situations where other professionals are being paid), and adherence to core mediation values.  Tracy Frisch discussed several efforts of the AAA to respond crises, such as Hurricane Sandy and the bankruptcy crisis in Florida.  Brad Heckman shared his experience using social media to promote mediation and described the unparalleled access and exposure he found in using outlets such as Twitter and participating in TEDx.

The Journal of Conflict Resolution will be publishing a symposium edition in Spring 2015.  Many of the presenters at the symposium will be publishing articles in line with the themes discussed at the symposium.   For more information about the symposium or the Cardozo Journal of Conflict Resolution,visit www.cardozojcr.com.



From Volunteer to Career: How to use your volunteer mediation experience to build a career in ADR
October 28, 2014, 6:00pm - 8:00pm
Benjamin N. Cardozo School of Law
55 Fifth Avenue, Room 1008, New York, NY

This panel discussion was co-sponsored by the Cardozo Dispute Resolution Society and featured Justine Borer, Elizabeth Clemants, Patti Murphy, and Gary Shaffer, practitioners from diverse professional backgrounds who took varied paths towards advancing their ADR practices. The panelists discussed tips and strategies for leveraging volunteer mediation experience into a professional career in ADR.


Commercial Arbitration Training for Arbitrators and Counsel (July 15-17, 2014)

The Dispute Resolution Section of the New York State Bar Association and Cardozo Law School present a comprehensive arbitration training for neutrals and advocates as to the Best Practices in conducting commercial arbitrations. The three-day program, which will take place at Cardozo Law School on July 15-17, 2014, is designed to introduce persons interested in becoming arbitrators as well as experienced arbitrators to contemporary Best Practices in arbitration, based upon recommendations by the College of Commercial Arbitrators, the American Arbitration Association, CPR, JAMS, and other arbitration thought-leaders.
The training will be provided by commercial arbitrators Charles J. Moxley, Jr. and Edna Sussman and by arbitration counsel Lea Haber Kuck of Skadden, Arps, Slate, Meagher & Flom LLP, and will include presentations by Jeffrey T. Zaino, Vice President, American Arbitration Association, and Luis Martinez, Vice President, International Centre for Dispute Resolution.
Faculty members who will be presenting on the key substantive areas for conducting effective arbitrations include:
Oliver J. Armas, Hon. Willliam G. Bassler, Steven C. Bennett, David W. Brown, William J.T. Brown, John F. Byrne, Hon. Carolyn E. Demarest, Alexandra Dosman, Eugene I. Farber, Patricia Taylor Fox, Stephen A. Hochman, Sherman W. Kahn, Daniel F. Kolb, Lea Haber Kuck, Jack P. Levin, Luis M. Martinez, Deborah Masucci, Richard L. Mattiaccio, Charles J. Moxley, Jr., Lawrence W. Newman, Michael S. Oberman, Abigail Pessen, Kathleen M. Scanlon, Richard H. Silberberg, David C. Singer, Richard J. Stark, Edna Sussman, Irene C. Warshauer, Nicholas R. Weiskopf, Daniel M. Weitz, John Wilkinson, Jeffrey T. Zaino.

How to Get a Career in Alternative Dispute Resolution

On Thursday, December 5, 2013, the Cardozo Dispute Resolution Society hosted an event where Professor Kathy Bryan, President and CEO of CPR, the International Institute for Conflict Prevention and Resolution, gave strategic advice on How to Get a Career in Alternative Dispute Resolution. Professor Bryan gave an in-depth account on how to enter into the ADR practice, how to develop your practice as an ADR practitioner, how to build your reputation in the industry, and how to maintain success in an ADR career.


Carol Liebman moderates a panel discussion on "End-of-Life Decision Making" amongst (from right to left) Ellen Waldman, Nancy Berlinger and Edward Bergman.
Debra Gerardi makes a presentation on "A Relational Approach to Conflict Engagement in Healthcare."

Bioethics, Healthcare Policy, and Alternative Dispute Resolution in the Age of Obamacare

On Monday, November 18, 2013, the Cardozo Journal of Conflict Resolution hosted its Annual Symposium entitled "Bioethics, Healthcare Policy, and Alternative Dispute Resolution in the Age of Obamacare," where prominent speakers and panelists explored cutting-edge topics including clinical ethics consultation, decision making at the end of life, and ADR in the context of the Affordable Healthcare Act ("Obamacare").

Scholars and practitioners in attendance included:

Adrienne Asch (Director, Center for Ethics and Professor of Bioethics, Yeshiva University; Professor of Epidemiology and Population Health, and of Family and Social Medicine , Albert Einstein College of Medicine), Nancy Berlinger (Research Scholar, The Hastings Center), Edward Bergman (Professor of Bioethics and Clinical Ethics Mediation, University of Pennsylvania), Arthur Caplan (Professor and Founding Head of the Division of Medical Ethics, NYU Langone Medical Center), Nancy Neveloff Dubler (bioethics consultant and Professor Emerita at Albert Einstein College of Medicine), Autumn Fiester (Director of the Penn Clinical Ethics Mediation Program; Director of Education, Department of Medical Ethics and Health Policy, UPenn's Pearlman School of Medicine), Debra Gerardi (CEO, EHCCO), Melinda Reid Hatton (General Counsel, American Hospital Association), Michael Kosnitzky (Boies, Schiller & Flexner; arbitrator of healthcare disputes), Carol Liebman (Columbia Law School), Joseph M. Miller (General Counsel,  American Health Insurance Plans), Thaddeus Pope (Director, Health Law Institute, Hamline University), Charity Scott (Georgia State University's College of Law), Michelle M. Skipper (VP of the American Arbitration Association; Chair of the Association's Healthcare Dispute Resolution Advisory Council), Ellen Waldman (Thomas Jefferson School of Law).

For more information, check out Lela Love's synopsis of the Symposium.

Jennifer Schulz, Nancy Welsh and Andrea Schneider are watching Jackie Font-Guzman making a presentation for the Works in Progress Conference at Cardozo School of Law.
Sean Nolon making a presentation for the Works in Progress Conference at JAMS.


Works in Progress (WIP) Conference

On November 7-9, 2013, the Kukin Program for Conflict Resolution and the Cardozo Journal of Conflict Resolution hosted a three day event, where distinguished Professors and Practitioners in the ADR field presented their works in progress and got feedback from colleagues.

Participants included:

Hiro N. Aragaki, Loyola (LA); Michael T. Colatrella, Jr., McGeorge; Deborah Thompson Eisenberg, Maryland; Douglas Frenkel, UPenn; Jackie Font-Guzmán, Creighton; Art Hinshaw, Arizona State; Jonathan Hyman, Rutgers; Ethan Katsh, UMass; Maureen Laflin, Idaho; John Lande, Missouri; Jeremy R. McClane, Harvard; Lauren Newell, Ohio Northern; Sean Nolon, Vermont; Lydia Nussbaum, UNLV; Glen Parker, Cardozo; James Lewis Parks, Missouri; Carol Pauli, Texas Wesleyan; Orna Rabinovitch-Einy, University of Haifa; Richard Reuben, Missouri; Jennifer Reynolds, Oregon; Andrea Schneider, Marquette; Jennifer Schulz, University of Manitoba; James Stark, UConn; Jean Sternlight, UNLV; Elizabeth Tippett, Oregon; and Nancy Welsh, Penn Stat.


For more information, check out Lela Love's thoughts on the Conference.


The Ins and Outs of Sports Arbitration: A Panel Discussion

On October 24, 2013, the Cardozo Sports Law Society and Cardozo Dispute Resolution Society hosted a panel of Sports Law practitioners and Arbitrators.

Panelists discussed their path towards sports arbitration and explained the role and importance of arbitration in sports, as well as weigh in on current hot topics in the field.

Panelists included Elliott Shriftman, an arbiter and mediator with years of experience with sports cases; Paul Mifsud, Senior Counsel at the Office of the Commissioner of Baseball; and Jon Budish, Director of Baseball Operations, Excel Sports Management; and the moderator will be Dave Prouty, General Counsel at Major League Baseball Players Association.

President Jimmy Carter Receives Journal's International Advocate for Peace Award
Editor-in-Chief of Cardozo's Journal of Conflict Resolution, Brian Farkas (seated), listens to President Jimmy Carter reflect on his various peacemaking efforts
On April 10, 2013, Cardozo's Journal of Conflict Resolution presented its annual International Advocate for Peace (IAP) Award to Jimmy Carter, the 39th President of the United States and the winner of a Nobel Peace Prize. President Carter delivered an acceptance speech to students, faculty, and alumni entitled "America as Global Mediator."  In the speech, he reflected on his own peacemaking efforts as president, as well as his prolific work since leaving office through the Carter Center.

Cardozo Journal of Conflict Resolution's Annual Symposium on Negotiating the Extremes:  Impossible Political Dialogues in the 21st Century Explored Negotiation and Political Gridlock
A Panel on "Practical Examples of Promoting Civil Discourse" with Brad Heckman, (Moderator) Chief Executive Officer, The New York Peace Institute, whose drawings appear in the background, Professor Ben Davis, The University of Toledo, College of Law, and C.T. Butler, Author and Mediator.


In November 2012, the nation was perhaps more politically divided than at any moment in its history. The United States had been through a nearly three-year-long campaign, from the divisive Republican primaries to the even more divisive general election. Negative advertising by anonymous SuperPACs became the norm. And in the meantime, the government was unable to compromise on pragmatic solutions to a laundry list of issues: the deficit, the budget, the debt ceiling, immigration reform and climate change, just to name a few. Even with the reelection of a candidate once synonymous with "hope," the feeling of pessimism was pervasive. 



Panel Discusses Controversial Delaware Chancery Court Arbitration Scheme
In 2009, Delaware's legislature amended its laws to permit judges of the Court of Chancery to do just that. According to the scheme, parties could pay a set of fees and go for binding arbitration before some of the country's most renowned judges. But unlike traditional litigation, the entire proceeding would remain confidential. In August 2012, following a challenge from the Delaware Open Government Coalition, the program was declared unconstitutional under the First Amendment's right of qualified public access to court proceedings. The case is now on appeal to the Third Circuit.