American Journal of Mediation ACCTM

Archive of all Volumes > Vol. 10 - 2017

Volume 10 - 2017

The American College of Civil Trial Mediators recently joined the ADR Section of the New York State Bar Association to co-sponsor what may well be the richest Law Student Writing Competition in the United States. The NYSBA/ACCTM National Championship ADR Law Student Writing Competition received over 50 submissions from law schools throughout the US and Canada vying for the $10,000 first place prize. Each submittal was reviewed, graded and ranked by a panel of judges to arrive at our grand prize winners featured in this issue of the Journal. The competition judging was done through the joint efforts of the Editorial Board of the ACCTM Journal of Mediation, a host of volunteer Fellows of the College and select members of the NYSBA Dispute Resolution Section. Each entry was reviewed in the blind and given an initial numerical grade by the judges. The twelve entries receiving the highest grades were then ranked against each other to select the final winner. What emerged to capture the grand prize and the top ranked articles were clearly “the best of the best”. This issue of the Journal is dedicated to those final contenders.

We proudly lead off with our grand prize winner, “How to Mitigate the Risk of Setting Aside or Refusal of Recognition and Enforcement of a Med-Arb Award” written by Sara Bendizi (Harvard Law School 2017) followed by the highest ranked New York winner, “The Past, Present and Future of ‘Manifest Disregard’” by Carl Mudd (Brooklyn Law School, 2017).

We’ve also included in this issue four entries selected by members of our Editorial Board as their personal favorites with a short introduction from each explaining why. Wehope you will enjoy the creativity and writing skills evident in each of these articles.

The College and the Journal recognize ACCTM Fellows, Lela Love (NY) and John Salmon (FL) who worked tirelessly on the Joint NYSBA/ACCTM Planning Committee over the past year to bring this program together. A very special vote of thanks is also due to our Editorial Board Members, John Salmon, Wendy Trachte-Huber (CO), Jay Fraxedas (FL), and Don Philbin (TX) who served as judges and lent invaluable support to the program. The College must also express a deep appreciation to Fellows Stew Cogan (WA), Jill Sperber (CA), Richard Lord (FL), Peter Grilli (FL), Allen Schreiber (AL), Jay Sandak (CT) and Charles Crumpton (HI) who volunteered their time to participate as judges in this significant program. Finally, we recognize Fellows Josh Stulberg (OH) and John Wilkinson (NY) who conceived the program at the ACCTM 2016 Annual Meeting and actively promoted its implementation within both organizations.

Lawrence M. Watson, Jr.
Editor In Chief

2017 NYSBA-ACCTM Writing Competition - 1ST PLACE

Med-Arb: How To Mitigate the Risk of Setting Aside or Refusal of Recognition
and Enforcement of a Med-Arb Award
SARAH BENZIDI
Harvard Law School
Cambridge, MA

Sarah Benzidi was born in Brussels, Belgium. She studied law at the Free University of Brussels (ULB).She has been working as a lawyer in the Dispute Resolution practice group of the Brussels office of Linklaters LLP for two years before coming to the United States to join the LL.M. program at Harvard Law School. She also worked as a teaching assistant in History of Law and Civil law at the ULB for three years.

2017 NYSBA-ACCTM Writing Competition - 2ND PLACE

The Past, Present, and Future of the Doctrine of “Manifest Disregard”
CARL MUDD
Brooklyn Law School
Brooklyn, NY

Carl J. Mudd was raised in Phoenix, Arizona. Mr. Mudd completed his Bachelor of Arts and Master of Arts at the University of Arizona, and recently completed his Juris Doctor degree at Brooklyn Law School. While at Brooklyn Law School, Mr. Mudd completed his International Law Certificate with distinction, and participated in various clinical programs, including Brooklyn Law School’s Securities Arbitration Clinic and Mediation Clinic. As part of these programs, Mr. Mudd gained first hand experience mediating small claims cases at the Civil Court of the City of New York, County of Kings, and assisted in the representation of individual investors seeking to initiate arbitration with FINRA and the AAA. Mr. Mudd has a passion for international business and arbitration, and hopes to pursue a career in these and related fields.

Mr. Mudd would also like to give a special thanks to his girlfriend, Stephanie, for all her love and support throughout law school and during the composition of this paper.

ADR That is Out of This World
GEORGE KHOUKAZ
University of Missouri School of Law
Columbia, MO

I was born and raised in Aleppo, Syria, and was educated at a French School. I spent most of my educational years learning the different subjects in French, which was my second language—in addition to my mother language of Arabic and my third language of English.

In 2012 I moved from Syria to Lebanon, where I attended college at the University of Balamand and graduated first in my class with a BA degree in Political Sciences.

In 2015, after graduation, I moved to the US where I attended Law School at the University of Missouri. I currently serve as the Editor in Chief of the Journal of Dispute Resolution and I am a Mediation Competition Director on the Board of Advocates at the Law School.

My legal experience includes working as pro bono at Bryan Cave’s law firm during the Spring break (as part of the Spring Break Alternative Program), as well as interning the Missouri Attorney General’s office in Jefferson City during my 1L summer. As for my 2L summer, I am working at Husch Blackwell’s law firm, handling mainly corporate cases. I will also be clerking for Chief Justice Breckenridge of the Missouri Supreme Court during the next Fall semester.

Early Non-Military Intervention to Prevent Atrocity Crimes
SARAH LESSER
Benjamin N. Cardozo School of Law
New York, NY

Managing Editor, Cardozo Journal of Conflict Resolution. B.A. 2014, Bryn Mawr College; J.D. Candidate, 2018, Benjamin N. Cardozo School of Law. The author would like to thank her family, friends, and mentors for their love, support, and encouragement. In addition, she also thanks Professors Jocelyn Getgen Kestnbaum and Diana Kearney for their insight and guidance in drafting this article.

Victim Offender Mediation - A Case Study and Argument for Expansion to Crimes of Violence
BHAVYA MAHAJAN
Pepperdine University School of Law
Malibu, CA

A law graduate from India, I have recently completed my LL.M in Dispute Resolution from the Straus Institute of Dispute Resolution, Pepperdine University. I have a keen interest in ADR and like think about them along the lines of justice reforms, thus my passion for Victim-Offender Mediation and Restorative Justice. I aspire to become a mediator, and a human rights activist, and use my education toward achieving the goal of a violence-free world.

Independent Contractors or Employees? Why Mediation Can Help UBER and its Drivers Solve the Mystery of How to Define Working Individuals in a Sharing Economy Business Model
ETHAN RUBIN
Benjamin N. Cardozo School of Law
New York, NY

Ethan Rubin is currently the Senior Notes Editor for the Cardozo Journal of Conflict Resolution. Ethan is a J.D. Candidate at Benjamin N. Cardozo School of Law and received his bachelor's degree in History from Binghamton University, State University of New York. As a Law Student, Ethan immersed himself in Alternative Dispute Resolution ("ADR") work. Before becoming t he Senior Notes Editor, he served as a Staff Editor and took ADR Courses such as Negotiation Theory & Skills. Ethan's article was selected for publication for the Journal's upcoming nineteenth volume.