2014 CARDOZO JOURNAL OF CONFLICT RESOLUTION INTERNATIONAL ADVOCATE FOR PEACE AWARD
 
Judge Daniel Weinstein (Ret.) Honored as recipient of 2014 Cardozo International Advocate for Peace Award


The Cardozo Journal of Conflict Resolution will honor Judge Daniel Weinstein as the 2014 recipient of its International Advocate for Peace Award.  A ceremony and reception in Judge Weinstein’s honor will be held at Cardozo Law School on Monday, March 16, 2015 –invitation and time to follow.

In selecting Judge Weinstein for the 2014 Advocate for Peace Award, the Journal is recognizing the Judge’s achievements in founding the Weinstein JAMS International Fellowship Program and as a pioneer in the development of mediation worldwide.   Judge Weinstein’s ingenuity and vision to build a high-level international peacemaking community through the Weinstein JAMS International Fellowship Program is the very essence of what it means to be an International Advocate for Peace. 

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

Judge Weinstein is nationally recognized as one of the premier mediators of complex, multi-party, high-stake cases, both in the United States and abroad.  He is a sought after mediator in international disputes including cross boarder and cross-cultural disputes, multinational financial disputes, international securities cases, international intellectual property matters, worldwide entertainment and sports cases, international anti-trust actions, and international environmental disputes.  Judge Weinstein also served as U.S. Special Representative in Bosnia from 1999-2000, and is the co-founder of Making Peace our Business, a nonprofit international dispute resolution forum. 

Judge Weinstein conceived of and initially endowed the Weinstein JAMS International Fellowship Program.  This innovative program provides opportunities for qualified individuals from around the world to study dispute resolution processes and practices in the United States with the goal of advancing the resolution of disputes in their home countries.

Judge Weinstein has recently partnered with the JAMS Foundation to fully endow the Fellowship Program for the next 20 years thereby ensuring the continuation and vitality of the Fellowship Program over decades to come.

The Weinstein JAMS International Fellowship Program recruits promising dispute resolution professionals from all over the globe and provides them with an opportunity to gain a firsthand glimpse into the world of complex, multi-party mediations in the United States.  The Program has developed a platform for these international professionals to engage with one another and to exchange peacemaking ideas and practices from all over the world. 

The Program began in 2008, and to date there have been sixty one fellows from fifty countries including Bhutan, Egypt, Afghanistan, Cameroon, Ecuador, Armenia, Pakistan, Thailand, Nigeria, Bosnia, Malaysia, Nepal, Turkey, Jordan, Iran, and China. 

Those selected, from the hundreds of applicants annually, to participate in the Fellows Program are provided with the guidance of experienced JAMS panelists, and attend seminars and classes in all facets of dispute resolution.  They are then encouraged to pursue various projects that are designed to advance each Fellow’s dispute resolution career in their home countries.  Previous Fellowship recipients have returned to their countries to lead high-level mediation and arbitration trainings, implement dispute resolution programs- privately and in their court systems, write dispute resolution legislation, and develop major dispute resolution centers.

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

 
2014 CARDOZO JOURNAL OF CONFLICT RESOLUTION SYMPOSIUM
 
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.



 
 
 
 

 

UPCOMING EVENTS & CONFERENCES

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)
 
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


 

PAST EVENTS & CONFERENCES

 
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.

 
 

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.