You Are Invited!
Annual Jed D. Melnick Symposium
Monday, November 13, 2017
Persistent Human Divides: Creative Initiatives for Communication, Collaboration and Cohesion
Presenters include: Keynote Speaker Professor Michael Tsur (Shakla and Tariya), Professor Robert Bordone (Harvard), Elizabeth Clemants (Hidden Water), Professor Donna Erez-Navot (Cardozo), Professor Michelle Greenberg-Kobrin (Cardozo), Professor Lela Love (Cardozo), Ashok Panikkar (Meta-Culture), Professor Glen Parker (Cardozo/NYS Unified Court System), Professor Carol Pauli (Texas A&M), Brad Roth & Prabha Sankaranarayan (Mediators Beyond Borders), Professor Maria Volpe (John Jay) and Professor David White (Cardozo)
Leaders from the nationally recognized Cardozo Journal of Conflict Resolution honored Ferencz for his humanitarian work, which includes his days in Germany and his recent critiques of American war policies. Dean Melanie Leslie thanked Ferencz for his contributions to the Cardozo community in the area of human rights over many years.
"As a man who helped give the world the very concept of crimes against humanity, the human rights community owes much to Ben Ferencz,” said Dean Leslie at the ceremony. "Today, I want to also acknowledge that Cardozo Law and Yeshiva University owe much to Ferencz for his consistent support of the law school’s human rights programs."
As a lead prosecutor of the Nuremberg Trials, Ferencz brought to justice leaders of Nazi Germany who planned, carried out, and participated in the Holocaust. Following Nuremberg, he continued in Germany and then in the United States to fight for and set up reparations programs. His book Less than Slaves describes his tireless efforts to secure compensation for the forced labor of concentration camp inmates. As one of the founding architects of the International Criminal Court, he helped create the machinery to hold governments accountable for war crimes, and as a champion of peace, Ferencz made the end of war his life’s work.
In opening remarks, Dean Melanie Leslie noted that "people think of lawyers as combatants and litigators as seen on television and in film, but the truth is a great deal of legal work is about negotiation and mediation and bringing parties together." Dean Leslie praised the work of Cardozo's Kukin Program for Conflict Resolution for its pioneering leadership in the dispute resolution field.
Professor Lela Love, the director of the Kukin Program and Cardozo's Mediation Clinic, stated that it was fitting to give the Peace Award to such magicians of creating a positive vibe and movers towards attitudes of reconciliation and human connection-- Peter, Paul, and Mary. Love introduced the Cardozo Journal of Conflict Resolution’s editor-in-chief Lara Traum, praising Traum for her energetic and gifted leadership.
Before leading the initially reticent audience in song, Peter Yarrow accepted the award from Traum, with Noel Paul Stookey accepting by video from his home in Ojai, Calif. The folk trio’s selection departed from the Journal’s peace award tradition in two ways: the award was made to a group, rather than an individual, and to musicians, rather than mediators, politicians or statesmen. Previous award winners have included, for examples, the late Richard Holbrooke, who helped broker the historic peace accord in Bosnia, Archbishop Desmond Tutu, former Presidents Bill Clinton and Jimmy Carter, Senator George Mitchell and filmmaker Abigail Disney.
Representation in Mediation: Intensive Mediation Advocacy Program (IMAP)
Taught by Professor White, 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
2015 CARDOZO JOURNAL OF CONFLICT RESOLUTION SYMPOSIUM
On October 19, 2015, the Cardozo Journal of Conflict Resolution hosted this year’s Jed D. Melnick Annual Symposium “All in the Family: Intimate Parties, Intimate Issues, and ADR.” This full-day symposium, attracting over 250 registrants, was incredibly successful and left attendees clamoring for more.
The symposium explored family law topics in the ADR field, focusing specifically on issues concerning changing laws around same-sex marriage, the important role of mediation for same-sex couples, domestic violence and ADR, cultural and religious tensions and ADR, ethical and practical issues for divorce mediation training and services, access to ADR and to justice for families, and the role of children in mediation.
Renowned panelists and moderators, including keynote speaker David Hoffman, Michael Broyde, Robert K. Collins, Herbie DiFonzi, Rachel Green, Joanna Grossman, Lela Love, Jody Miller, Forrest Mosten, Kelly Browe Olson, Stacey Platt, Alla Roytberg, Peter Salem, Nadia Shahram, Jacqueline Silbermann, Ed Stein, Abby Wittlin Tolchinsky, Ellie Wertheim, and Zena Zumeta, came from Arkansas, California, Georgia, Illinois, Michigan, Massachusetts, New York and Wisconsin to share their expertise.
The Cardozo Journal of Conflict Resolution will publish a compilation of Articles authored by many attending panelists in its Symposium Issue, Volume 17.3, forthcoming in May, 2016.
2015 ABA REGIONAL NEGOTIATION COMPETITION HOSTED AT CARDOZO
Final Round Judges pictured above (from left to right, Gary Shaffer, Irene Warshauer, Abe Tawil and Gerald Lepp), Final Round Participants pictured below (from left to right, Kenneth St. John, Michael Galati, William Tevlin and Sydney Kipen)
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.
Introduction to Mediation
June 29 - July 3, 2015
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.
SAVE THE DATE!
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!
Reception to Follow
RSVP to firstname.lastname@example.org
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.
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
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
New York City Bar Association
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.
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))
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.
Mediator 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 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)
How to Get a Career in Alternative Dispute Resolution
|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
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.
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.
Editor-in-Chief of Cardozo's Journal of Conflict Resolution, Brian Farkas (seated), listens to President Jimmy Carter reflect on his various peacemaking efforts
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.