Archive of all Volumes > Vol. 14 - 2021

Vol. 14 - 2021

 

AMERICAN JOURNAL OF MEDIATION
Editorial Board Introduction

The year 2021 presented the Editorial Board with a new opportunity for Volume 14 of our Journal.

The College sponsored its first American Journal of Mediation National Dispute Resolution Writing Competition offering significant prizes to the first and second place winners. Students from twelve law schools submitted twenty-eight articles to be reviewed by our exemplary panel of judges. Our heartfelt thanks to Lawrence Watson, Charles Crumpton, Allen Schreiber, Jay Sandak, Richard Lord, Wendy Trachte-Huber, Stephen Huber, Joe Hassinger, and Julie Walbroel who spent many hours reading and ranking these articles. As I have written in years past, these articles reinforce my optimism for the future of our profession. Much gratitude as well to our contest committee for their exceptional effort this year: Lawrence Watson, Lela P Love, and Josh Stulberg. To all, a job well done.

The winning article for 2021 is by Tae Joon Chang from the Benjamin N. Cardozo School of Law entitled Risk Analysis, Reality Testing and Mediation. Tae examines the utilization of effective risk and cost-benefit analyses together with reality testing while remaining sensitive to cognitive biases that influence decision-making. This article is required reading for all mediators from novice to experienced.

Our second-place article is Mediation Ethics after the Singapore Convention by Zachary R. Calo from the Pepperdine University School of Law. Zachary discusses in detail the transformational impact of the Convention on international commercial mediation. He then delves into what he terms “the shape of mediation ethics” across our profession within a post-Singapore Convention context. An inciteful read for all mediation practitioners.

As in year’s past, members of the Editorial Board have chosen their favorite contest papers to include in the Journal with personal introductions preceding each article.

This year offers another first for our journal. Stephanie S. Chow together with Tony Piazza has submitted a complementary article to her excellent piece in our 2020 journal. Their paper entitled Managing Conflict by Redirecting Dialectic to Dialogue takes us through an evaluative mediation process designed to help us as mediators manage conflicts by building better bridges between the parties.

The Editorial Board has also selected a research-based article entitled The Mediator as the Eye of the Storm: Active Perception of Emotions through the Nonverbal by Alain Lempereur and Elise Willer who offer their thoughts on how mediators can perceive and manage the emotions of the participants in a mediation more effectively to resolve the conflict at hand.

I offer my personal appreciation to our Editorial Board, Lawrence Watson, Wendy Trachte-Huber, Joaquin Fraxedas, Allen Schreiber, Don Philbin, Richard Lord, Stephen Sawicki and to Sarah Evans, our Journal Administrator and Contest Coordinator for yet another year of dedication to the Journal.

In years past, I have included as part of this introduction the words below from Volume 1 of this Journal. I see no need to redraft or change them this year.

“Our editorial philosophy will reflect the goal of professional service. Each issue of the American Journal of Mediation will feature carefully selected articles researched and written by members of the nation’s ADR academic community – scholarly articles dealing with important concepts of ADR one generally expects to see in publications of this nature. In each issue, however, we will also be publishing pragmatic and practical contributions from leading ADR practitioners – features having an immediate application to a dispute resolution professional practice.  As opportunities arise, we will highlight and discuss the latest developments in ADR theory and practice; we will weigh in on where our profession is going and the challenges it meets along the way.” 

We welcome your submissions the further this philosophy.

John W. Salmon
Editor In Chief

 

 LEMPEREUR, Alain & Elise J. Willer

Alain Lempereur (SJD ‘95, Harvard Law School) is the Alan B. Slifka Professor of Conflict Resolution at Brandeis University. He is also an affiliate faculty and executive committee member of the Program on Negotiation at Harvard Law School, and an affiliated expert of the Harvard Humanitarian Initiative. He published, In multiple languages, "The First Move. A Negotiator’s Companion" and "Mediation. Negotiation by Other Moves." He has facilitated many meetings as a mediator for leaders in the African Great Lakes Region and in the Near East.

Elise Willer is an international conflict management professional dedicated to helping people manage and improve relationships while creating value. She is a certified mediator, a consultant with several conflict management consulting firms, and founder of Journey Thru Conflict. Elise graduated with a BA in Political Science and French from Wittenberg University, and earned dual Masters degrees at Brandeis University in International Development and Conflict Resolution. She studied mediation and conflict management through the Harvard Mediation Program and Program on Negotiation at Harvard Law School.

CHOW, Stephanie & Tony Piazza

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.

Tony Piazza is recognized as one of the leading mediators in the world. Mr. Piazza is a 1974 graduate of the New York University School of Law. He pioneered the development of mediated negotiations as the preferred alternative to protracted conflict in complex civil disputes, having successfully mediated the resolution of more than four thousand cases since 1980.

CHANG, Tae Joon

Tae Joon Chang is a third-year law student at the Benjamin N. Cardozo School of Law. He has received mediation training at the school’s Mediation Clinic under Professor Donna Erez-Navot and apprenticed under Nicholas Schmitt. He is also part of the school’s ADR Competition Honor Society and was a semifinalist at the UHLC National Mediator Competition.
 

CALO, Zachary R.

Zachary Calo is Professor of Law at Hamad bin Khalifa University College of Law and an Attorney with McNair Chambers, Doha. He holds a JD from the University of Virginia and an LLM in Dispute Resolution from the Straus Institute at Pepperdine University.

RICHARDSON, Keri

Keri Richardson, a native of  Dayton, Ohio, is a 3L at The Ohio State University Moritz College of Law. As a 2L, Keri and her team were semi-finalsts in the NYC Bar Association National Moot Court Competition. Keri graduated from Northern Kentucky University with a Bachelor of Arts in Political Science. During her time at NKU, she served as the Executive Director for the Activities Programming Board. She left her legacy by coordinating NKU’s first homecoming concert. In her free time, Keri maintains an interest in event planning as she is the “go-to” person among her family and friends for birthday, wedding, and baby-shower ideas.

ALVAREZ, Ariel

Ariel Alvarez is a third year law student at Arizona State University. Ariel was a member of the Lodestar Mediation Clinic, where she was trained in mediation techniques and had the opportunity to mediate various disputes. She is an Arizona native and a graduate of Northern Arizona University.

PHILLIPS-JONES,  Cai

Cai Phillips-Jones is a third year student at the Cardozo School of Law in New York City. He has worked in ADR programs both in and outside of courts, including at the New York Peace Institute and at the Eastern District Court of New York’s ADR office. During the last year, Cai has spoken with dozens of mediators about their experiences in moving to remote mediation and loves thinking about the intersections of conflict resolution and technology.

TALUKDAR, Pooja

Pooja Talukdar is an LLM graduate in Dispute Resolution and Advocacy from Benjamin N. Cardozo School of Law. Prior to pursuing her LLM, she was heading Corporate Legal and Prime Services (Offshore) for Nomura Services India Private Limited. She is admitted to practice law in New York and India. During her LLM at Cardozo Law, she was interning with Linda Gerstel, Arbitrator and Mediator at GerstelAdr, PLLC and assisted in various aspects of arbitration and mediation practice. She also worked closely with Rekha Rangachari, Executive Director of the New York International Arbitration Center (“NYIAC”) and Linda Gerstel in updating the Arbitral Women Toolkit to adapt it to a virtual environment.



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