HIGHLIGHTS FOR THE 2012-2013 YEAR INCLUDE THE FOLLOWING:
- Cardozo was ranked #6 in the nation in Dispute Resolution by US NEWS AND WORLD REPORT.
- The 13th Annual International Advocate for Peace Award was presented to President Jimmy Carter by the Cardozo Journal for Conflict Resolution.
- CARDOZO LAW REVIEW hosted a symposium on Stories Mediators Tell, Eric Galton and Lela Love, eds.
1. Student Writing Awards and Publication:
Emily Fusting’s paper for the Mediation Clinic, Making the Brain a Friend Not a Foe: What Interventionists Should Know About Neuroscience, was published in 6 AJM 41 (2012). Her paper on It’s a No-Brainer: Teaching Law Students Science about Memory and Decision-Making will be published in Resolved: Journal of Alternative Dispute Resolution at Charleston's Law School.
Jared Bloch’s Note for the Cardozo Journal of Conflict Resolution, From the People’s Court to American Idol: The Relationship Between Television and Arbitration, 14 Cardozo J. Conflict Resolution 503 (2013), was selected as one of the best law review articles published within the last year in the fields of entertainment, publishing and the arts and will be included in the 2013 edition of the ENTERTAINMENT, PUBLISHING AND THE ARTS HANDBOOK, published annually by Thomson Reuters (West). This Handbook provides in-depth treatment and comprehensive coverage of the latest issues, regulations, legislation, and case law affecting the entertainment and publishing industries and the arts.
Brian Farkas’ article Third Circuit Hears Arguments About Controversial Delaware Chancery Arbitration Program, was published in the August 2013 issue of CPR’s Alternatives. The paper, originally written for the Mediation Clinic, got an honorable mention in the International Association of Defense Counsel's writing competition and was accepted for publication in their Defense Counsel Journal. His note, Old Problem, New Medium: Deception in Computer-Facilitated Negotiation and Dispute Resolution, 14 Cardozo Journal of Conflict Resolution 161 (2012), won First Prize in the 2013 Writing Competition of the Association for Conflict Resolution of Greater New York.
2. The Cardozo Dispute Resolution Society
The Cardozo Dispute Resolution Society (CDRS), under the leadership of Shawna Benston, hosted many events introducing Cardozo students to Dispute Resolution courses and programs at the school, as follows:
- Welcome Lunch (9/12/12)
- Talk on The Law of Alternatives: In Search of Identity in Dispute Resolution, Professor Michal Alberstein, Bar Ilan University (9/27/12)
- Talk on Animals and Mediation with Michael Kaiser, Esq. (11/7/12)
- Talk on Mediation and Mental Illness, Dan Berstein (1/16/13)
- Talk on Alternative Careers in ADR, with alumna Serena K. Lee (2/4/13)
- ADR Externships Info Session with Professor Lela Love(2/6/13)
- Valentines Day divorce mediation film, Intolerable Cruelty, with pizza and candy (2/12/13)
- Talk on ADR and African Dispute Resolution: Critical Comparisons, with Professor John Faris, Director of the Institute for Dispute Resolution in South Africa (2/27/13)
- Talk on ADR in the Workplace, with Professor David Weisenfeld (3/7/13)
- Presentation on Stories Mediators Tell, with Professor Lela Love and Glen Parker (3/18/13)
- Talk on ADR and the Criminal Justice System, with Amy Attias (3/19/13)
- Talk on Immigration & Mediation in the Second Circuit, with Vidya Kurella, Staff Counsel for the Second Circuit; and Attorney Matthew L. Guadagno (3/20/13)
- Talk on Negotiation “How To” with Professor Simeon Baum (3/20/13)
3. The Cardozo Journal of Conflict Resolution
Generous funding was provided by Jed Melnick, a founding editor of the Journal, to sponsor the 2012 annual symposium: Negotiating the Extremes: Impossible Political Dialogues in the 21st Century. Speakers included: Brad Heckman, CEO of the NY Peace Institute, Professor Ben Davis (Toledo), author CT Butler, Professor David Matz (Massachusetts-Boston), Professor Muli Peleg (visiting at Columbia), Professor Michael Tsur (Hebrew University), public policy mediator Susan Podziba, Professor Joel Gora (Brooklyn), Professor Howard Bellman (Wisconsin), Professor Joshua Douglas (Kentucky), and Jo Berry, founder of Bridges for Peace.
Despite the ravages of Hurricane Sandy, the Moot Court room welcomed a full house.
The Journal sponsored a panel of experts on Secret Courts? The Delaware Court of Chancery Arbitration Experiment with Paul Kirgis (St. John’s), Thomas Carbonneau (Penn State), Katrina Dewey (LawDragon), David Finger (Finger & Slanina), Tracey Frisch (AAA) Hon. Shirley Werner Kornreich (2/7/13 in the Moot Court).
The Journal gave the 13th Annual International Advocate for Peace Award to President Jimmy Carter on April 10, 2013. The Award ceremony was preceded by a noon showing of the documentary Back Door Channels: the Price of Peace by Leon Charney, a Cardozo Trustee.
4. The Certificate in Dispute Resolution
A Certificate in Dispute Resolution was awarded at commencement to: Michael K. Berman, Brian Farkas, Emily Fusting, Leora Goldstein, Delavar S. Omidfar and Allison Simon.
5. Conferences and Presentations
The Dispute Resolution Section of the New York State Bar Association co-sponsored with Cardozo and at Cardozo a well-attended Commercial Arbitration Training in June 2013.
Cardozo served as host and co-sponsor for the Annual Association of Conflict Resolution of Greater New York (ACRGNY) Conference in June 2013.
The Cardozo/ABA Intraschool Negotiation Competition
This competition, held at Cardozo each year, was judged for the second time by both ADR professionals and students in the ADR Competition Team on April 10, 2013. Out of 24 Cardozo teams (48 contestants), the 1L team of Elizabeth Weyl and Tim Wall came in 1st. The team of Shawna Benston, 2L, and Yuri Geylik, 3L, placed 2nd. Patrick Tindana and Jade Wallace, both 2Ls, came in 3rd.
St. John's Annual Securities Dispute Resolution Triathlon (negotiation, mediation and arbitration)
A joint initiative of the Hugh L. Carey Center for Dispute Resolution at St. John’s School of Law and the Financial Industry Regulatory Authority (FINRA), this competition took place on October 14-15, 2012. Cardozo’s team was comprised of Karina Dusquesne, Evan Kass and Rachel Teitelbaum. Student teams representing eighteen law schools from around the country participated in the competition.
The American Bar Association Negotiation Competition
The American Bar Association Regional Negotiation Competition took place at Boston College on December 1-2, 2012. Cardozo sent three teams to the competition and Cardozo’s team of Andrew Glantz and Rachel Teitelbaum advanced to the finals and placed third out of a field of twenty teams.
Jeffry S. Abrams National Mediator Competition
Since 2011, Cardozo has sent students to compete at the University of Houston Law Center in the Jeffry S. Abrams Mediator Competition. This year Adam Berkey and Lindsay Melworm competed on October 25-27, 2012. Adam Berkey advanced to the semi-final round, finishing 3rd in total points and receiving an Honorable Mention Mediator Award, in a field of 16 competitors.
The ICC International Commercial Mediation Competition in Paris
Since 2007, Cardozo has sent a team to the ICC Competition. This year the team of Adam Berkey and Evan Kass, coached in Paris by Professor Ben Thompson, represented Cardozo. Sixty-six teams from around the world competed, and Cardozo’s team finished 11th in the preliminary rounds, advancing to the finals.
The American Bar Association Representation in Mediation Competition
Cardozo sent two teams to the ABA Regional Representation in Mediation competition March 2nd - March 3rd, 2013, hosted by Seton Hall University School of Law. Cardozo's competitors included one second-year student Jess Cohen-Nowak, and three third-year students, Rebecca Fox, Esther Weitzner, and Darya Zuravicky. Out of twelve teams competing in the Regionals, Cardozo's team of Jess Cohen-Nowak and Darya Zuravicky placed 3rd overall.
Willem C. Vis International Commercial Arbitration Moot Competition
The Annual Willem C. Vis Competitions promote the study of international commercial law and arbitration for law students from around the world. In March, Benjamin N. Cardozo School of Law sent teams to the William C. Vis International Commercial Arbitration Moot West (Vis Moot West) in Vienna, Austria, of Kelley Chubb, James Ng, Joanna Cohen and Rachel Hirsch. The Vienna team placed in the top third of a field of 290 competing teams. Cardozo also sent a team to the William C. Vis International Commercial Arbitration Moot East (Vis Moot East) in Hong Kong of Bryan Branon, Matthew Gross, Leora Goldstein and Romina Canessa. Cardozo’s teams are coached by Professor Curtis Pew, together with alumni of the program. Students are selected based on their performance in the International Arbitration Practicum, a year long course dedicated to studying oral and written advocacy in arbitration. Course participants prepare for the William C. Vis Competitions, and the actual teams are competitively selected after a three-round intra-school competition.
American University Washington College of Law International Commercial Arbitration LLM Moot
In March, Cardozo participated in the second annual American University Washington College of Law International Commercial Arbitration LLM Moot. This is the only moot competition solely for LLM students. The teams competing represented law schools from throughout the United States. The competition included written submissions and emphasized oral advocacy skills. The Cardozo LLM students in the competition were Kristina Jean-Conte, Wookjae Jin, Andrea Kalish, Iva Rukelj, Mateus Pihheiro, Anna Sarkisyan, and Marcin Tustin, divided into two teams. The team of Jean-Conte, Kalish and Rukelj won the competition.
The ABA Client Counseling Competition
Cardozo sent one team to the ABA Client Counseling Competition on February 16-17, 2013, hosted by New York Law School. Cardozo's team included one second-year student, Nathan Maidenbaum and one third-year student, Jared Bloch. Out of 12 teams in the competition, Cardozo's team finished seventh.
Robert R. Merhige, Jr. National Environmental Negotiation Competition
Cardozo sent one team to the National Merhige Environmental Negotiation Competition March 2nd - March 3rd, 2013, hosted by the University of Richmond School of Law. Cardozo's competitors included two second-year students, Daniella Isaacson and Robert Salame. Sixteen teams competed, representing law schools from all over the country. Cardozo's team placed 6th overall.
The International Competition for Mediation Advocacy (ICMA)
Since 2012, Cardozo has participated in the International Competition for Mediation Advocacy in Toronto, Canada hosted by Osgoode Hall Law School of York University. This year the competition was held on March 11th - March 15th, 2013. Cardozo's competitors included second-year student Mariya Gelfond and third-year student, Victoria Pagos. Fourteen teams competed, representing law schools from around the world. All teams competed in three preliminary rounds of mediation, with each competitor acting at least once as a client and once as attorney.
The Mediation Clinic is an 8 credit, 2 semester clinical program in which 16 students are trained and supervised in mediating cases at community dispute resolution centers, small claims and the pro se civil courts, high schools, and the Equal Employment Opportunity Commission (EEOC), while studying the broad field of alternative dispute resolution. The Mediation Clinic was founded in 1985 and has been offered each year since. In addition to the educational value of the Mediation Clinic, Cardozo is proud of the community service the Clinic provides. Clinic participants are trained to be mediators in the fall semester of their program. However, in the spring semester they are approved community mediators servicing difficult and diverse cases in a variety of venues. In addition, each student gives a presentation on conflict resolution to community or other groups.
This year Cardozo students reported participation in 378 cases, either as an apprentice mediator (observing or co-mediating) or as a mediator. For all the cases, the agreement or resolution rate was 48%. The breakdown of cases that settled in mediation was as follows: 57% in the Brooklyn Civil Court; 42% in the Manhattan Civil Court; 31% in the Manhattan Small Claims Court; 44% in the Brooklyn Small Claims Court;33% of the EEOC cases; 57% of the Brooklyn Mediation Center cases.
Students made presentations on mediation and alternative dispute resolution processes to a variety of groups, including: a bioethics presentation at Haverford College; the May Mentors and the Cardozo community; a panel for Vassar College; a Brooklyn College class; a White Plains high school class; a “lunch n learn” for Urban Green Energy; and a Knight Road elementary school class. As in past years, the Mediation Clinic was very popular. A total of 99 students applied for the 16 clinic openings.
Divorce Mediation Clinic
In the Spring of 2010 Cardozo Law School was selected by New York State’s Office of Court Administration to create a divorce mediation program designed to bring the benefits of family mediation to the public. The Cardozo Law School Divorce Mediation Clinic established as a result has offered a dozen competitively-selected law students each semester an opportunity to gain practical mediation experience and develop matrimonial drafting skills, while offering critical divorce services free to citizens of New York City and the surrounding region.
The Cardozo program provides mediation services at the courthouse at 80 Centre Street in Manhattan to appropriate couples four days each week, and is remarkable among law school clinical programs in affording students the responsibility to mediate couples’ complete range of economic issues, in addition to their parenting provisions. Working under the direct supervision of Robert Kirkman Collins, a professor with over thirty years of divorce mediation experience in private practice, students assist separating couples resolve the full range of issues presented by divorce – the parenting schedule and decision-making protocols for their children, an equitable division of their assets and liabilities, fixing basic child support and allocating major parental expenses, setting spousal support, negotiating insurance coverage, and navigating through tax issues. Upon completion of the couples’ discussions, which typically require from two to five separate mediation sessions, students take responsibility for drafting the parties’ legal Separation Agreement and preparing and filing the complex set of papers and forms needed to obtain an uncontested decree of divorce.
During the three years of its operation, the Cardozo Clinic has assisted over 200 couples through the bewildering process of marital separation – without cost to them and with a minimum of rancor; it has directly benefited members of the public who could not otherwise afford experienced guidance through the divorce system, and aided the judiciary by resolving several complex cases directly referred to the Cardozo Clinic from the bench. Many students have reported the Divorce Mediation Clinic to be a highlight of their educational experience at Cardozo, and several alumni of the Clinic have gone on to incorporate divorce mediation into their practices after graduation.
Securities Arbitration Clinic
The Securities Arbitration Clinic represents claimants who cannot afford an attorney and who have securities or commodities-related arbitration claims arising from improper actions by retail securities brokers and/or broker-dealers. The majority of the Clinic's clients are elderly and retired, others include disabled persons and young adults who have inherited some small sum of money on the passing of their parent(s). The clients' cases are tried primarily before FINRA, but the Clinic also handles matters before the NFA and AAA arbitration forums, the CFTC,and in the New York State courts. During the past year, the Clinic received 41 inquiries, settled or otherwise resolved more than a dozen cases and currently has four cases pending before FINRA, two in the New York State courts and is in the process of resolving five reparations proceedings before the CFTC. Three cases are currently under investigation. The remainder of the cases either presented claims that were not actionable; were barred by the statute of limitations and/or arbitration eligibility rules; or were presented by parties who were in jurisdictions to which the Clinic's student practice order does not extend. To date, the Clinic has recovered over $1.2 million on behalf of its clients.
The Clinic is staffed by eight students, and one full-time Director/Clinical Faculty member.
8. Global Perspectives on ADR: Mediation and Democratic Dialogue Summer Study Abroad Program
This program gives students the opportunity to study conflict resolution processes through multinational examples and perspectives in an international setting, examining mediation initiatives in both developed and emerging democracies. Program design has been guided by the principle that great dispute resolvers of the 21st century not only will be advocates, but also creative problem solvers working collaboratively at home and abroad. The program is sponsored by Cardozo, together with both the Dispute Resolution Institute of Hamline University School of Law and Central European University.
In 2013, a two-week, three-credit program was offered at Central European University in Budapest, focusing on Mediation and Democratic Dialogue. This program has been offered annually since 2001. American students learned side-by-side with scholars from Central and Eastern European countries and elsewhere. The course is designed to facilitate the exchange of ideas and cooperative projects among academics, professionals, and students in the East and West who are pursuing the study of conflict and conflict resolution processes. For each offering of the program, students and faculty from many countries have participated, making it an unparalleled cross-cultural learning experience. In 2013, a total of 32 students from 16 countries attended the ADR Abroad Program.
9. Lela P. Love
Most Recent Publications
Silver Linings: Reimagining the Role of ADR Education in the Wake of the Great Recession, 6 NORTHEASTERN LAW J. 1 (with Brian Farkas) (2013)
Stories Mediators Tell: The Editors’ Reflections, 34 CARDOZO LAW REVIEW 2409 (with Eric Galton) (2013)
Mediation: Practice, Policy and Ethics, 2nd Edition, (with Carrie Menkel-Meadow and Andrea Schneider) (Wolters Kluwer 2013)
The Middle Voice: Mediating Conflict Successfully, 2nd Edition (with Joseph Stulberg) (Carolina Academic Press 2013)
Stories Mediators Tell (editor, with Eric Galton) (ABA Publishing 2012)
Chapter on Following the Golden Rule and Finding Gold: Generosity and Success in Negotiation, for Volume 4 in Educating Negotiators for a Connected World: Volume 4 in Rethinking Negotiation Teaching Series (with Sukhsimranjit Singh) (2013, DRI Press).
Teacher’s Manual for Dispute Resolution: Beyond the Adversarial Model, 2nd Edition (with Carrie Menkel-Meadow, Andrea Schneider and Jean Sternlight) (2011)
Commentary in Mediation Ethics: Cases and Commentaries, edited by Ellen Waldman (Jossey-Bass 2011).
Dispute Resolution: Beyond the Adversarial Model, 2nd Edition (with Carrie Menkel-Meadow, Andrea Schneider and Jean Sternlight) (2011)
Courses, Conference and Other Presentations:
Presenter, the 12th Annual Conference of the Association for Conflict Resolution of Greater New York, Tips from the Mediation Clinic (6/20/13)
Lunch Address and Presenter, NYS Bar Association Commercial Arbitration Training, Ethics and Heuristics (Cardozo School of Law 6/19/13).
Presenter, John Corser Bioethics/NYC Health and Hospitals Corp. Symposium on Shared Decision Making, Negotiating a Shared Solution: The Challenge of Effective Communication and Creative Problem Solving (Harlem Hospital 5/7/13)
Presenter, Representation in Mediation, NY Legal Assistance Group’s Storm Response Unit on Insurance Mediation (5/7/13 at NYLAG).
Presenter, Staying Out of Court: Better Mediation in Trust and Estate Disputes, ABA Section of Real Property, Trust and Estate Law Program (5/3/13 in Washington, DC).
Host and Speaker for a Delegation from Taiwan, including Mr. Wen-Lung CHENG
Partner, Justice Law Firm, Ms. Tsai-Shiuan LIN, Section Chief, Foreign Affairs Section, Pingtung County Police Bureau, and Ms. Fang-Ju YUEH, Prosecutor, Taiwan High Prosecutors Office (4/23/13 Cardozo Law School).
Featured Speaker, Inside the Mind of a Mediator/Stories Mediators Tell, Southern California Mediators Association (3/22/13 in Santa Monica, CA, with Eleanor Barr and Lee Jay Berman).
Featured Speaker, Stories Mediators Tell, UCLA School of Law Negotiation Colloquium (3/21/13 in Los Angeles, with Woody Mosten, Jeff Kichaven and Ken Cloke)
Featured Speaker, Stories We Tell: First-Hand Accounts of Mediation and the Lessons We Learn, sponsored by the Cardozo Dispute Resolution Society, the New York Peace Institute, and the Center of Global Affairs’ Peacebuilding and Conflict Transformation (PACT) Group (3/18/13 at Cardozo Law School).
Faculty, Introduction to Law School: ADR for talented Yeshiva undergraduate students (2/15/13 at Cardozo Law School).
Trainer, Part 137/Fee Dispute Arbitration Training, The 1st and 12th (Manhattan and Bronx) Judicial Districts, NY County Lawyers Association (with Lester Brickman) (2/11/13).
Faculty, Mediation Course, Deusto University (Bilbao, Spain 12/12).
Guest Speaker, The Ultimate Pet Care Tele-Summit (1/17/13 Broadcast).
Presenter, Award for Scholarly Achievement to Frank Sander, ABA Section of Dispute Resolution (Boston, 11/16/12)
Faculty, Breaking Impasse, Advanced Mediation and Advocacy Skills Institute, ABA Section of Dispute Resolution (Boston, 11/16/12)
Welcoming Remarks and Moderator, Negotiating the Extremes, Impossible Political Dialogues in the 21st Century, Cardozo Journal of Conflict Resolution (11/5/12)
Panelist, The Future of Mediation: Lessons from Behavioral Economics, Mediation Settlement Day Kick-off Celebration (Association of the Bar of the City of NY 10/17/12)
Faculty, A View from Behind the Curtain—Lessons for Lawyers and Mediators, the NYS Bar Association Dispute Resolution Section (Fordham Law School 10/15/12)
Presenter, “Peace Talk” on Stories Mediators Tell for the New York Peace Institute (8/16/12)
Faculty, Introduction to ADR for the incoming students of the Cardozo Journal of Conflict Resolution (8/20/12)
Faculty, 8 hour program on Introduction to Negotiation and Mediation for a group of 24 Israeli students from the College of Management in Tel Aviv, Israel (8/7-9/2012)
Committee and Other Service:
Mediation for Eastern District Cases, for EEOC cases and Yeshiva University internal disputes
Advisory Board, International Journal on Conflict Engagement and Resolution, Bar-Ilan University (2012- )
Co-Chair, Committee for the ABA Section of Dispute Resolution Award for Scholarship (2010-13)
Co-Chair, Advisory Committee to Restructure the Dispute Resolution Magazine for the ABA Section of Dispute Resolution (2012-13 )
Member, International Board of Distinguished ADR Professionals of the Center for Mediation and Law in Moscow (2011- )
Member, NYS Bar Mediation Section, Education Committee (2010- )
Chair, Academic Standards Committee, Benjamin N. Cardozo School of Law (2011-2013)
Member, Surrogate's Court Mediation Pilot Project (2009- )
Member, CPR Executive Advisory Committee (2010- ) and Mediation Committee (2010-
Mediator, mediated first case in a Surrogate’s Court (2010)
Judge, James B. Boskey ADR Writing Competition, sponsored by the ABA Section of Dispute Resolution in association with Penn State Dickinson School of Law. (2008- )
Member, Mediation Ethics Advisory Committee, Unified Court System of New York State (2006-2009).
Member, Committee on Mediator Ethical Guidance, ABA Section of Dispute Resolution (2006-2010). Chaired subcommittee that drafted response to first ethical query to the Committee on Mediator Ethical Guidance.
Vice President, Archbold Expeditions (ongoing)