Archive of all Volumes > Vol. 13 - 2021

Vol. 13 - 2021

Foreword:

Each year several excellent articles submitted by law students throughout the country particularly captivate me. In 2017 it was how to utilize ADR to resolve disputes in space. For 2018 we learned mediators in China use their perceived authority to help resolve disputes. Last year we were excited to learn that peer mediation can help reduce bullying in schools. 

My intrigue with Devorah Spigelman’s article began upon reading its title.  

To preface my remarks, please know that my family has been involved in the promotion of women’s rights and empowerment for generations. My mother, a Professor Emerita in English, was the Founding Director of the Women's Studies Center at Florida International University. If you remember the film, Hidden Figures, my mother-in-law shared a similar experience in college where she was challenged by her professor for being in the wrong class; high level mathematics, which she aced. My wife’s impact on thousands of students as a middle and high school math teacher for 35 years cannot be measured. My daughter, a 3rd generation math teacher, now the Chief of Operations for a national company, is actively involved in a movement to empower women to change the world. 

 Without a doubt, the need for more women arbitrators is readily apparent. The fact that we must all read an article such as this one is a statement in itself. Be assured that Ms. Spigelman’s detailed research and inciteful analysis will leave you with a better understanding of the challenges facing our profession and those changes that can be made to successfully diversify arbitral panels into the future. 

 One of the author’s suggestions to increase diversity in arbitral appointments is through mentoring. This comment too resonated with me on a personal level. My father, a circuit court judge, was specifically known among his women colleagues on the bench as their go to source of judicial and practical insight. 

 Since my first draft of this forward, my hometown Miami Marlins hired the first woman General Manager in the history of major league baseball as well as any professional men’s sports team in North America.  Progress always involves risks. You can’t steal second base and keep your foot on first.” *

 Our collective task is to follow the Marlins’ example. For each of us our duty is to mentor our successors in both arbitration and mediation. This is the greatest way we can give back to this profession we love. 

 John W. Salmon
Editor in Chief
Distinguished Fellow, American College of Civil Trial Mediators
*Frederick B. Wilcox

 

BRACKETOLOGY: THE ART AND SCIENCE OF BRACKET NEGOTIATIONS.pdf
Lawrence M. Watson, Jr., Esq.
Emeritus Fellow
American College of Civil Trial Mediators
Maitland, FL

Lawrence M. Watson, Jr. received a J.D. degree from the University of Florida College of Law in 1969 when he was admitted to the Florida Bar and began a career as a commercial litigation lawyer. As an adjunct to his trial practice, Mr. Watson developed significant experience in alternative dispute resolution processes.  While President of the Florida Bar Trial Lawyer’s Section, Mr. Watson joined the first class of mediators certified by the Florida Supreme Court into Florida’s statutory ADR program in 1988.  Mr. Watson is a former Chairman and longstanding member of the Florida Supreme Court Standing Committee on Mediation and Arbitration Rules and has been bestowed many awards in Alternative Dispute Resolution and Civil Trial Mediation.  Now, Mr. Watson is a mediator / arbitrator at Upchurch Watson White & Max and serves as Editor Emeritus for this journal and is an Emeritus Fellow at the American College of Civil Trial Mediators.

 

MANAGING THE MEDIATION PROCESS:
REACTIVITY, DELUSION, AND STANDING IN YOUR OWN WAY OF REACHING A DEAL.pdf

Stephanie S. Chow, Esq.
San Francisco, CA

Stephanie Chow mediates a wide range of civil disputes. Stephanie has successfully mediated hundreds of cases with settlements in the tens of millions. Stephanie is a lecturer at Columbia University. She is a member of the California, New York, and Washington Bars. She is recognized as a distinguished ADR professional by the National Academy of Distinguished Neutrals and since 2017 has been selected to Rising Stars by Super Lawyers in Alternative Dispute Resolution

 

A MEDIATOR'S WAY TO CONFLICT RESOLUTION:  A BUDDHIST PERSPECTIVE.pdf
Michael M. Tophoff, PhD.
The Netherlands

Michael M. Tophoff, Ph.D., is a clinical psychologist- psychotherapist. He teaches at the Business School of the University of Amsterdam. Currently, he is completing his Master studies in Theology and Religion.
 

PUTTING THEIR MONEY WHERE THEIR MOUTH IS: 
MASS EMPLOYMENT ARBITRATION FLINGS AND THE NONPAYING PARTY PROBLEM.pdf

Dina Lamdany
San Francisco, CA

Dina is a rising 2L at Stanford Law School, where she is co-president of the Stanford Law and Technology Association, as well as a member of Women of Stanford Law, Stanford Latinx Law Student Association, and the Stanford Prisoner Advocacy and Resources Coalition. Prior to law school, she worked as a product manager at Google, focused on a range of issues including user data controls and improving the quality of YouTube recommendations. She graduated summa cum laude from Columbia University with a degree in computer science.
 

HONG KING AND CHIINA:
BUILDING BRIDGES BETWEEN TWO SYSTEMS IN ONE COUNTRY.pdf

Harold Kang
Smithtown, NY

Harold Kang is a rising third-year student at the Benjamin N. Cardozo School of Law where he is the Executive Editor for the Cardozo Journal of Conflict Resolution, Vol. 22 and a finalist of the Monrad G. Paulsen Moot Court Competition, 2019. During his first-year summer, he worked as a legal intern at the Social Security Administration’s Office of the General Counsel, and during his second year he worked as an extern under the Hon. Tanya R. Kennedy of the New York State Supreme Court.  
 

HERITAGE AND CONFLICT:
USING DISPUTE RESOLUTION PRACTICES TO SAFEGUARD HISTORICAL SITES IN ISRAEL AND PALESTINE.pdf

Kelly Krause
Waterford, WI

Kelly Krause was born and raised in Southeastern Wisconsin, where she now practices law as a recent graduate of Marquette University Law School.  She enjoys writing articles that intertwine the law with her interests in history, policy, and business.  This article was inspired by her 2019 trip to Israel with Professor Andrea Schneider, Director of Marquette Law’s nationally ranked Alternative Dispute Resolution program. 


THE NEED FOR WOMEN IN ARBITRATION AND HOW TO
IMPLEMENT DIVERSIFICATION OF ARBITRAL APPOINTMENTS.pdf

Devorah Spigelman
Jerusalem, Israel

Devorah recently completed her LLM in Dispute Resolution and Advocacy at the Benjamin N. Cardozo School of Law. After sitting for the 2020 New York Bar Exam she intends to return home to Israel in order to pursue a career in international mediation and help increase female representation in the field of ADR.

 

APPLYING MEDIATION TO THE COMPLEXITIES OF SURROGACY AGREEMENTS.pdf
Mazarine Lestienne
New York, New York

Aude-Mazarine Lestinne is a J.D. Candidate at Benjamin N. Cardozo School of Law and a Senior Articles Editor for the Cardozo Journal of Conflict Resolution, Volume 22. She was a clinical intern in Cardozo’s Divorce Mediation Clinic and works as a legal intern in a boutique family law firm focused on mediation and collaborative law. Mazarine plans to pursue a career in mediation and family law after graduating in 2021. 
  

 

 

 


 



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