Kukin Program for Conflict Resolution

KUKIN PROGRAM FOR CONFLICT RESOLUTION

2015-16 Summary of Activities

Prepared by: Lela P. Love

Highlights for the 2015-16 year include the following:

• The Dispute Resolution Program at Cardozo was ranked #6 in the country by US News & World Report.
• The Cardozo Journal of Dispute Resolution was ranked #7 in the country in global law journal rankings in the Civil Litigation and Dispute Resolution categoryin the 2015 Washington & Lee rankings of law reviews.Additionally, CJCR was the 5th most cited journal in those same 2015globalrankings for the Civil Litigation and Dispute Resolution category.
• On October 8, 2015, Cardozo celebrated the 30th Anniversary of the Mediation Clinic. Faculty, alumni and guests joined celebrity mediators Ken Feinberg, Lester Levy and Daniel Weinstein, for music, a conversation between masters, and a song honoring Lela Love.
• Professor Bob Collins gave a Divorce Mediation Clinic Benefit Piano Recital, Music of Love and Longing, performing solo on a Steinway grand in the Moot Court Room on October 19, 2015.
• Cardozo hosted both the ABA Regional Negotiation Competition on November 1 and 2, 2015, and the ABA Regional Representation in Mediation Competition on March 7 and 8, 2016.
• Donna Erez-Navot was promoted to Assistant Director of the Kukin Program, focusing in particular on the expansion of the LLM in Dispute Resolution and Advocacy.

1. Student Writing Awards and Publication:

Joseph Kammerman, a student in the ADR Writing Seminar, won the ABA's 2015 James B. Boskey Law Student Essay Contest on Dispute Resolution, as well asthe 2015 Association of Conflict Resolution of Greater New York Writing Competition, for his paper One Hundred Years of Local Conflict and One National Tragedy: Trayvon Martin & Dispute Resolution in Sanford, Florida. He also won an Honorable Mention in the Joseph McLaughlin Student Article Award category of the International Institute for Conflict Prevention and Resolution (CPR).

1. The Cardozo Dispute Resolution Society

The Cardozo Dispute Resolution Society (CDRS) hosted many events introducing Cardozo students to dispute resolution courses, programs and luminaries. CDRS also worked to promote CDRS to students and professionals alike, through efforts such as the CDRS Weekly Newsletter. Events included:

Lunch and Learn with Dr. Martin Svatoš, a leading Czech mediator and arbitrator, was held on 9/20/15. Dr. Svatoš has mediated more than 100 domestic and international cases. His experiences in alternative dispute resolution were recognized when he became the Secretary to the Working Group for Mediation of the ICC Czech Republic. Dr. Svatos has conducted several ad hoc arbitrations and, since 2015, he is listed as an arbitrator by the VIAC (Vienna International Arbitral Centre).

Talk by David Reinmanon 10/29/15, a federal mediator at the Equal Employment Opportunity Commission (EEOC), co-sponsored event with Labor and Employment Law Society. He discussed the mediation process, how it is used in the context of employment law, and how the employer and employee sides approach it differently.

Lunch and learn with Cardozo alum Mara Weinstein, who was the Symposium Editor for the Cardozo Journal of Conflict Resolution and was also a member of the Mediation Clinic, where she mediated small claims court diversion cases at the New York Peace Institute. The event was held on 11/2/15. Mara joined the International Institute for Conflict Prevention and Resolution (CPR) in 2012 after receiving her J.D. from Benjamin N. Cardozo School of Law. At CPR, she was the Director of Dispute Resolution Services and Training & Education. Currently, Mara is a Neutral Recruiter and Trainer at the Financial Industry Regulatory Authority (FINRA).

Cardozo Dispute Resolution Society and In The BenchesMixer on 11/5/15 at Amity Hall where students from Cardozo were paired with professionals (for example Kenneth Feinberg, who was responsible for mediating Agent Orange, the BP Oil spill & 9/11 victim compensation fund) to learn more about careers within the dispute resolution field from successful practitioners.

ADR Roundtable Discussion with Amy Eckman, Esq., Anna Noula, Esq., Deborah Masucci, Esq., and Roger Deitz, Esq.,held on 3/22/16. This was an event organized by the CDRS Junior Board. Students came to network with ADR professionals to learn about the organizations they work for, their career paths and related opportunities Cardozo students may pursue.

Mediation v. Negotiation Lecture with Elad Bronstein, Joe Goldstein, and Carlyle Balfour of the Cardozo Mediation Clinic, who prepared an interactive presentation about the differences between mediation and negotiation, was held on 4/6/16. This comparative discussion and interactive demonstration served as an opportunity for students to practice their negotiation skills and gain exposure to some mediation principles and techniques.

Sports Law Symposium hosted by the Sports Law Society and co-sponsored by CDRS.Every year the executive board looks for ways to collaborate with other school clubs in an effort to introduce interesting perspectives on popular areas of the law. By contributing to the Sports Law Symposium, CDRS was able to help plan the event and invite practitioners who combine alternative dispute resolution with sports law.

Ongoing CDRS Initiatives

• CDRS Weekly Newsletter. In addition to serving as a point ofconnection within Cardozo and the Kukin Program for students interested in ADR, CDRS seeks to connect students to regional professional opportunities. CDRS’ monthly member newsletter provides updates on regional events, internships, and other professional opportunities in ADR.
• CDRS Board Structure. CDRS’ improved Board offers Junior Board and Advisory Board positions to students. Both the Junior and Advisory Boards serve to support the Executive Board in different and important ways, as well as expand the reach and network of CDRS to Cardozo students and regional ADR professionals.

The Junior Board provides a unique opportunity for first year students to get involved in the ADR community, in and outside of Cardozo, and take a leadership role early on in their law school career.

The Advisory Board is comprised of former CDRS Executive Board members who are interested in continuing to serve an active role in CDRS but are no longer able to commit to an Executive position.

3. The Cardozo Journal of Conflict Resolution

Generous funding was provided by Jed Melnick, a founding editor of the Journal, to sponsor the 2015Jed D. Melnick Annual Symposiumon October 19, 2015: All in the Family: Intimate Parties, Intimate Issues and ADR. Panelists and Moderators included: Professor Michael Broyde (Emory), Professor Robert K. Collins (Cardozo Divorce Mediation Clinic), Professor J. Herbie Difonzo (Hofstra), Rachel Green, Esq., David Hoffman (Boston Law Collaborative),Professor Joanna Grossman (Hofstra), Lela P. Love, Jody Miller (Mediation Center of Dutchess County), Professor Woody Mosten (UCLA), Professor Kelly B. Olsen, Professor Stacey Platt (Loyola), Alla Roytberg, Esq., Peter Salem (Association of Family and Conciliation Courts), Nadie Shahram, Hon. Jacqueline Silbermann, Professor Ed Stein (Cardozo), Abby W. Tolchinsky,Esq., Ellie Wertheim (NYLAG), Zena Zumeta (Mediation Training & Consultation Institute).

CJCR gave its prestigious 2015 International Advocate for Peace Award to Peter, Paul and Mary and the 2016 International Advocate for Peace Award to Benjamin B. Ferencz.

1. January Intensive Courses

• Collaborative Family Law, Professor Adam Berner. This interactive class introduces students to Collaborative Family Law, a new and growing alternative process, which provides a framework and skill set to help attorneys collaboratively work in attorney-client teams to resolve conflicts out of court. Through a combination of lecture, demonstration, discussion and role play exercises, students learn the fundamental concepts and basic skills that underlie the Collaborative Law framework. The class is structured around the actual stages of the collaborative negotiation process, from the initial consultation with clients and assessing appropriateness of the process, to the joint meetings, through the "end game" of negotiating a collaborative settlement.

• (IMAP) Representation in Mediation, Professor David White: This intensive, interactive course introduces students to negotiation and mediation theory and develops strategies and skills for effective attorney representation in mediation. The course examines attorney responsibilities in advising clients about dispute resolution options, in preparing both the case and the client for mediation, and in representing the client effectively in the mediation session itself. There is substantial reading assignment prior to the commencement of the course. The program culminates in the students participating in a mock mediation coached by seasoned mediators.

• Negotiation Theories and Skills, Professor Michael Tsur: This seminar provides students an introduction to both theoretical and practice-based foundations of negotiation. Through simulation-based exercises and classroom discussions, the course covers the elements of both integrative and distributive bargaining; barriers to agreement and strategies to overcome them; the nature of dialogue; negotiation power; the role of culture, gender and race in negotiations; negotiation preparation, tactics, initial and responsive strategies, and ethics.

5. The Certificate in Dispute Resolution

The following students received a Certificate at graduation: Zachary Beal, Michael Block, Hilary Orzick, David B. Rabbani, Melanie Reyer.

6. Conferences and Presentations

• The Association of Conflict Resolution of Greater NY (ACRGNY) presented its annual conference at Cardozo (6/16/2016).

• The NYS Bar Association Section of Dispute Resolution presented a 3 day Commercial Arbitration Training for Arbitrators and Counsel CLE Program (6/2016).

7. Competitions—The ADR Competition Honor Society

The Cardozo/ABA Intraschool Negotiation Competition

This year92 students competed in Cardozo’s Intraschool Negotiation Competition on April 7, 2016. The winning teams were as follows: Rachel Schuman and Stephanie Kapinos (1st place); Alexander Stolls and Kevin Andrande (2d place); and Ruma Mazumdar (3d place).

The American Bar Association Negotiation Competition

Cardozo hosted the ABA Region 2 Negotiation Competition on November 1-2, 2015. Coached by David Weisenfeld, Cardozo sent two teams to formally compete, as well as a third "ghost" team who participated for practice without being judged. Of the 24 teams who competed, Cardozo's Michael Kar and Allan Shehebar placed sixth. Brian Salazar and Michael Meyers also competed, and Keli Huang and Jordan Simon competed as the ghost team.

The American Bar Association Representation in Mediation Competition

Cardozo hosted the Annual American Bar Association RegionalRepresentation in MediationCompetition on March 6-7, 2016. This Competition allows students topractice and improve their negotiation and mediation skills by simulating mediations in which the teams of two students, one acting as a lawyer and a client, attempt to solve a series of legal problems through collaboration and creative problem solving. The students must use the common set of facts known by all participants, and confidential information known only to the participants representing a particular side, to most effectively advocate for their client’s interests through interest-based mediation. This year, Cardozo sent three teams of two students each. Coached by Joseph Lieberman and Elana Freeman, Allan Shehebar and Justin Gindi placed fourth. Michael Myers and Carlyle Balfour, and Jordan Simon and Brian Salazar also competed.

American University Washington College of Law LLM International Commercial Arbitration Moot Competition
This is the only moot competition solely for LLM students with teams competing from law schools throughout the United States. The competition includes written submissions as well as oral advocacy skills. The 2016 competition was held on April 6 – 8, 2016 and representing Cardozo, in two teams, were: Natalia Pivovarova, Ergent Bregu, Shravanthi Suresh, Elena Mitu, Donya Burguet, Deborah Olavarria, and Queen Ndukwe. Professor Curtis Pew coached the 2016 Cardozo teams.

Fordham National Basketball Negotiation Competition

The National Basketball Negotiation Competition is an interscholastic negotiation competition hosted by the Fordham Sports Law Forum in New York City. The competition consists of head to head negotiations between teams of two competitors.The negotiation problems are based on real world scenarios relating to the NBA.

The Fordham NBA Negotiation Competition was held on April 2, 2016. Michael Kar, Michael Meyers, and Stephen Wah represented Cardozo, coached by David Weisenfeld and Elana Freeman.

Jeffrey S. Abrams National Mediation Competition

This competition is run by the Blakely Advocacy Institute at the University of Houston Law School and brings students from around the nation to compete for the award of most effective mediator. This year the competition was held in Houston on October 9-10, 2015. Joseph Lieberman coached Lauren Kobrick and Carlyle Balfour, who competed on behalf of Cardozo.

St. Johns Annual Securities Dispute Resolution Triathlon

The Annual Securities Dispute Resolution Triathlon is a joint initiative ofthe Hugh L. Carey Center for Dispute Resolution at St. John’s School of Law and the Financial Industry Regulatory Authority (FINRA). This year, the competition was held on October 17 and 18, 2015 at St. John's University School of Law in Queens, NY. The competition consists of a negotiation, mediation, and arbitration round. Cardozo competed against 20 other teams from around the country. The Cardozo team of Damali Slowe, Stephen Wah, and Justin Gindi, coached by Shakira Wallace, came in first place in the mediation leg of the competition.

ICC International Commercial Mediation Competition

Since 2007, Cardozo has sent a team to the ICC International Commercial Mediation Competition in Paris. Cardozo sent a team of three students, Michael Kar, Brian Salazar, and Jordan Simon, to the 11th International Chamber of Commerce Commercial Mediation Competition in Paris from February 5-10 2016. The competition focuses on international commercial mediation. Sixty six teams came from thirty countries; 500 participated in the competition as a judge, mediator, coach or competitor. Cardozo’s team was coached in Paris by Professor Lela Love, who also presented a session at the ICC for all participants on Stories Mediators Tell. Cardozo competed against teams from New South Wales, Oxford, Poland, and the Ukraine and ranked among the top half of the teams.

23rd Willem C. Vis International Commercial Arbitration Moot Competition

The annual Willem C. Vis Competition in Vienna promotes the study of international commercial law and arbitration for law students from around the world. The competition, held March 18-24, 2016, included the submission of two written briefs in December 2015 and January 2016, respectively, followed by oral argument in Vienna. Over three hundred ten teams from more than seventy countries participated in oral arguments in Vienna. Cardozo was represented by Keli Huang, Lauren Kobrick, Joe Torres, and Stephen Wah. The team was coached by student-coach Shakira Wallace and Professor Peter Halprin.

8. Clinics

• Mediation Clinic

The Mediation Clinic is an 8 credit, 2 semester clinical program in which 16 students are trained and supervised in mediating cases at community dispute resolution centers, small claims and the pro se civil courts, high schools, and the Equal Employment Opportunity Commission (EEOC), while studying the broad field of alternative dispute resolution. The Mediation Clinic was founded in 1985 and has been offered each year since. In addition to the educational value of the Mediation Clinic, Cardozo is proud of the community service the Clinic provides. Clinic participants are trained to be mediators in the fall semester of their program. However, in the spring semester they are approved community mediators servicing difficult and diverse cases in a variety of venues. In addition, each student gives a presentation on conflict resolution to community or other groups. Students may elect after the fall semester to take only a 2-credit Advanced Mediation Practicuum and/or a 2-credit ADR Writing Seminar in the spring.

This year Cardozo students reported participation in 269 cases, either as an apprentice mediator (observing or co-mediating) or as a mediator. For all the cases, the agreement or resolution rate was 48%.

As in past years, the Mediation Clinic was popular. A total of seventy one students applied for the sixteen clinic openings.

• Divorce Mediation Clinic

In the Spring of 2010, Cardozo Law School was selected by the New York State Office of Court Administration to create a divorce mediation program in order to bring the benefits of family mediation to the public. Over the last seven years, the Cardozo Divorce Mediation Clinic established as a result has offered a dozen competitively-selected law students each semester an opportunity to gain practical mediation experience and develop matrimonial drafting skills, while offering critical, cost-free divorce services to residents of New York City and the metropolitan region.

The Cardozo program provides mediation services at the courthouse at 80 Centre Street in Manhattan four days each week, working with couples screened by the Office of Court Administration; it is remarkable among law school clinical programs in affording students the responsibility to mediate the complete range of a couple’s economic issues as well as parenting provisions. Working under the direct supervision of Robert Kirkman Collins, a professor with over thirty-three years of divorce mediation experience in private practice, students assist separating couples resolve the full range of the issues presented by their divorce – the parenting schedule and decision-making protocols for their children, the equitable division of their assets and liabilities, a calculation of basic child support and allocation of major parental expenses, the setting of spousal support, the negotiation of appropriate insurance coverage, and a navigation through the tax issues triggered by divorce. Upon completion of catalyzing the couples’ discussions (which typically require from two to five mediation sessions) students assume responsibility for drafting the parties’ legal Separation Agreement and preparing and filing the complex set of papers and forms needed to obtain an uncontested decree of divorce.

During the seven years of its operation, the Cardozo Divorce Mediation Clinic has assisted over 350 couples traverse the bewildering process of marital separation – without cost to them and with a minimization of rancor—and contributed what’s been calculated as more than $ 750,000 in legal services to the City. The program has directly benefited members of the public who could not otherwise have afforded experienced guidance through their divorce, and aided the judiciary by resolving several complex cases directly referred to the Cardozo Clinic from the bench. In addition, many law students have reported the Divorce Mediation Clinic to have been the highlight of their educational experience at Cardozo, and a number of Clinic alumni have gone on to incorporate divorce mediation into their practices after graduation.