Brian Farkas

Adjunct Professor of Law

Education

B.A., Vassar College

J.D., Cardozo School of Law

Areas of Expertise

Arbitration
Civil Procedure
Contracts
Dispute Resolution Processes
Mediation

Bio

Brian Farkas is an attorney at Goetz Fitzpatrick LLP in New York, focusing his practice on commercial litigation, arbitration and intellectual property. He represents clients in litigation in state and federal court, as well as in arbitration and mediation proceedings. In 2018, 2017 and 2016, he was named a “Rising Star” by Super Lawyers for Business Litigation. He is admitted to practice in New York, New Jersey and the District of Columbia. At Cardozo, Brian teaches courses on arbitration and dispute resolution.

 

Beyond his legal practice, Brian is active in the dispute resolution field. He regularly serves as a volunteer mediator in New York County and Kings County through the New York Peace Institute. He teaches in Brooklyn Law School’s Mediation Clinic, training students in Civil Court and Small Claims Court mediation. He has also taught courses on negotiation, mediation, and conflict management at both Brooklyn Law School and the City University of New York.

 

Brian’s academic writing on arbitration and mediation has appeared in numerous publications, including the Lewis & Clark Law Review, Harvard Negotiation Law Review, Journal of Experiential Learning, Dispute Resolution Journal, and the Northeastern Law Journal.

 

While he was a student at Cardozo, Brian served as Editor-in-Chief of the Cardozo Journal of Conflict Resolution and won the Andrew S. Zucker Award for Academic Excellence.

 

Brian is an active member of the New York City Bar Association. In 2018, he was appointed as Chair of the City Bar’s New Lawyers Institute Advisory Committee and sits on the Committee on Career Advancement and Management, planning and executing professional development and skills programs for law students and recent graduates.

Publications

SELECTED PUBLICATIONS

 

Law Journal Articles

 

First Impressions: Drafting Effective Mediation Statements, 22 Lewis & Clark L. Rev. 157 (2018) (with Donna Erez Navot).

 

Mediation and Millennials: A Dispute Resolution Mechanism to Match a New Generation, 2 Journal of Experiential Learning 166 (2018) (with Shawna Benston).

 

The History and Legacy of the Pound Conferences, 18 Cardozo J. Conflict Resol. 677 (2017) (with Laura Traum).

 

The Continuing Voice of Dissent: Justice Thomas and the Federal Arbitration Act, 22 Harv. Negot. L. Rev. 33 (2016).

 

Silver Linings: Reimagining the Role of ADR Education in the Wake of the Great Recession, 6 Ne. U. L.J. 221 (2013) (with Lela P. Love).

 

Legal Industry Publications

 

“Donald Trump and Stormy Daniels: An Arbitration Case Study,” Dispute Resolution Magazine (American Bar Association, August 2018).

 

“Arbitration in Moderation,” JOTWELL (reviewing Stephen J. Ware, The Centrist Case for Enforcing Adhesive Arbitration Agreements, 23 Harv. Neg. L. Rev. 29 (2018)), May 3, 2018.

 

“Syllabus Surgery: Integrating Arbitration and Mediation into Modern Curricula,” 2018 PrawfsBlawg Symposium: Future of Legal Education, March 19, 2018.

 

“Tough Transitions: Managing Disputes between the First and Second Generations of Arts Organization Leadership,” 9 Landslide 14 (American Bar Association, July/August 2017).

 

“Arbitrators Taking Charge: Can Arbitrators Ask Parties to Brief Issues Sua Sponte?”, The New York County Lawyer, October/November 2014.

 

“New York: A New Home for International Arbitration?”, Litigation Journal (American Bar Association, Summer 2014).

 

“Hitting a Brick Wall in Process Convergence: The Delaware Court of Chancery Arbitration Experiment,” Defense Counsel Journal (International Association of Defense Counsel, December 2013).

 

“The Supreme Court upholds an arbitrator’s authority: Oxford Health Plans v. Sutter,” Dispute Resolution Journal (American Arbitration Association, November 2013).

 

“Third Circuit hears arguments in controversial Court of Chancery arbitration procedure,” Alternatives to the High Cost of Litigation (International Institute for Conflict Prevention & Resolution, CPR, July/August 2013).
 

Contact Information

SSRN

Twitter: @BrianDFarkas