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.
UPCOMING EVENTS & CONFERENCES
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
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.