Dispute Resolution Benjamin N. Cardozo School of Law | Yeshiva University Kukin Program for Conflict Resolution
Since 2001, Cardozo has been among the top 10 schools in the nation in the dispute resolution category in U.S. News & World Report. The school thanks our energetic and committed students and remarkable faculty for this achievement.
We cannot imagine a more challenging era for conflict resolvers, who are facing rifts between individuals, in our communities, in our nation, and among nations. What an important era for lawyers to add their talents and perspective to the major issues of our day—not only as advocates, but also as thoughtful and innovative peacemakers. This past year, the Cardozo Journal for Conflict Resolution’s (CJCR) International Advocate for Peace Award was presented to Leymah Gbowee, the Nobel Peace Laureate who worked tirelessly and against all odds to liberate Liberia from a seemingly endless and devastating civil war. Her formula—honesty, energy and vision—is the formula for all peacemakers. In addition to introducing Restorative Justice into our curriculum, we are planning exciting new ventures and participation in domestic and international dispute resolution competitions this year. Read on to find many ongoing efforts to further conflict resolution and train our exceptional students to be world leaders in the field. Lela P. Love Director, Kukin Program of Conflict Resolution Cardozo School of Law
Coming Soon! October 22, 2018: Don’t Ask, Don’t Tell This program will explore the behind-the-scenes multi-party negotiations that led to the 2010 repeal of the controversial “Don’t Ask, Don’t Tell” policy—a complex case study of civil public discourse and resolution at its finest. March 18, 2019: The Singapore Convention This symposium on the UN Treaty on enforcement of cross-border mediated settlements will feature drafters of the Convention and scholars on the enforcement of mediated settlement agreements generally.
Cardozo’s ADR Competition Honor Society placed first in the St. John’s Securities Dispute Resolution Triathlon and second in the New York Law School IP Negotiation Competition and at the International Law School Mediation Tournament. One hundred twenty students participated in the Society’s Intra-School Negotiation Competition, and Cardozo’s team participated in over 10 national and international competitions.
Recent News Liberian Peacemaker Leymah Gbowee Receives International Advocate for Peace Award Gbowee received the Cardozo Journal of Conflict Resolution’s annual award for her efforts in helping end the Second Liberian Civil War through her organization Women of Liberia Mass Action for Peace. Persistent Human Divides: Creative Initiatives for Communication, Collaboration and Cohesion The 2017 Jed D. Melnick Symposium, hosted by the Cardozo Journal of Conflict Resolution, looked at ways conflict resolution can be used for healing during our politically turbulent times.
“Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough.” —Abraham Lincoln
Cardozo’s first place team at St. John’s Securities Dispute Resolution Triathlon, from left: David Cherman ’18, Joshua Saccurato ’18, Alexander Sable ’19, Derrick Ng ’19, Camila Lopez ’19, Michael DiTrapani ’18, Leo Bronshteyn ’19, Nicholas Anselmi ’19, Angela Li ’19, and Natalie Freeman ’18.
ACADEMICS AND CLINICS
Certificate in Dispute Resolution
Clinical Programs
Students can earn a certificate in dispute resolution by satisfying competency requirements in negotiation, mediation, arbitration, counseling and dispute resolution processes, earning a minimum of 15 credits. They also must complete field work and write a paper on a conflict resolution topic.
Mediation Clinic The Mediation Clinic is a year-long clinical program in which students are trained and supervised in mediating cases at community dispute resolution centers, in small claims and pro se civil courts, and through the Equal Employment Opportunity Commission while studying the broad field of appropriate dispute resolution.
LL.M. in Dispute Resolution and Advocacy The LL.M. in dispute resolution and advocacy requires students to take a minimum of 14 credits in courses or clinics focused on mediation, arbitration and other dispute resolution topics and to complete a paper focusing on conflict resolution or advocacy.
Concentration in Dispute Resolution Cardozo students may complete a concentration in dispute resolution. The competencies required for the dispute resolution concentration correspond to the foundational dispute resolution processes: negotiation, mediation and adjudication/arbitration.
ADR Field Clinic Students selected for the Appropriate Dispute Resolution (ADR) Field Clinic have the opportunity to extern for various dispute resolution programs, government agencies and nonprofit organizations. They also participate in a weekly seminar. Divorce Mediation Clinic Students serve as mediators in court in matrimonial cases referred from the New York State Supreme Court through a program of the Office of Court Administration. Students co-mediate with an instructor at the start of the semester, go on to act in student co-mediation teams, and may eventually have an opportunity to mediate solo, all under direct faculty supervision. Securities Arbitration Clinic Students represent claimants in securities or commodities-related claims arising from improper actions by retail securities brokers or broker-dealers or to correct mistakes or problems with executions of customer orders.
PROGRAM OFFERINGS
The Cardozo Journal of Conflict Resolution Founded in 1998 by a group of dedicated students, the highly regarded Cardozo Journal of Conflict Resolution (CJCR) each year publishes three volumes of cutting-edge scholarly articles and student notes that contribute to academic discourse in the field. The journal also regularly hosts an annual symposium that addresses pivotal topics in the ADR community. CJCR instituted and administers the International Advocate for Peace Award, honoring individuals who embody a passion for and commitment to the pursuit of peace and resolution of international conflicts. Past recipients include the late Ambassador Richard Holbrooke, Senator George Mitchell, Archbishop Desmond Tutu, Presidents Jimmy Carter and Bill Clinton, playwright Eve Ensler, Ambassador Dennis Ross, Professor Jeffrey Sachs, Honorable Daniel Weinstein, folk singers Peter, Paul and Mary, and filmmaker Abigail Disney.
The Kukin Program was established in 1990 through a generous gift from the late Ira and Doris Kukin. Dr. Ira Kukin and his son, Jonathan Kukin ’87, were both members of the Board of Directors of Cardozo School of Law. The Benjamin N. Cardozo School of Law acknowledges with deep appreciation the leadership, financial support and friendship extended to the Kukin Program by Ira Kukin during his life.
ADR Competition Honor Society Cardozo’s ADR Competition Honor Society is a student-run organization that selects approximately 18 competitors each year to participate in an ADR moot camp and prepare for and compete in domestic and international competitions. The competitions—sponsored by the ABA, other law schools, and various international entities such as the International Chamber of Commerce in Paris—simulate negotiation, client counseling, representation in mediation, and arbitration. Cardozo faculty assist in preparing students for the competitions.
Cardozo Dispute Resolution Society Under dynamic student leadership, Cardozo Dispute Resolution Society (CDRS) programs complement the curriculum, offering workshops, brown-bag lunches, films and panels. CDRS is active in the greater ADR community, working closely with such organizations as Mediators Beyond Borders, the New York State Bar Association and the New York City Bar Association to promote and expand the field of conflict resolution. Benjamin B. Ferencz (center), former Nazi war crimes investigator, chief prosecutor of the Einsatzgruppen case at Nuremberg, and advocate for “law, not war,” received the 2016 International Advocate for Peace Award. He is pictured with (from left): Lara Traum ’16, Professor Toby Golick, attorney Benjamin Taylor, Dean Melanie Leslie and Professor Lela Love.
FULL-TIME FACULTY Lela Porter Love
Elizabeth Goldman
Director, Kukin Program for Conflict Resolution Courses: Introduction to Mediation, Mediation Clinic, Advanced Mediation Practicum, ADR Competition Honor Society
Courses: Securities Arbitration Clinic, Securities Regulation, Pre-Trial Practice
Lela Love is a practicing mediator and former chair of the American Bar Association Section of Dispute Resolution. She has received lifetime achievement awards from the International Academy of Mediators and the American College of Civil Trial Mediators. She has co-authored three law school textbooks and a book on mediation practice, The Middle Voice, as well as co-edited the popular collections Stories Mediators Tell and Stories Mediators Tell, World Edition. Robert K. Collins Courses: Divorce Mediation Clinic, Divorce Mediation, New York Matrimonial Drafting and Procedures
Bob Collins has practiced and taught divorce and family mediation for the past 30 years. He is considered among the pioneers of divorce mediation in New York and is regularly invited to teach divorce mediation around the country. Donna Erez-Navot Assistant Director, Kukin Program for Conflict Resolution Courses: Introduction to ADR in NYC and Beyond, Mediation Clinic, Advanced Mediation Practicum, ADR Writing Seminar
Prior to Cardozo, Donna Erez-Navot was the founding Director of the Mediation Clinic at University of Wisconsin, where she was instrumental in setting up several mediation programs. Before moving to Madison, she was employed as a mediator in the Child Permanency Mediation Program in the NYC Family Court.
Prior to Cardozo Law, Elizabeth Goldman served as senior counsel at the Division of Enforcement of the U.S. Securities and Exchange Commission, receiving multiple awards during her tenure, including the U.S. Securities and Exchange Commission Chairman’s Award for Excellence. Michelle Greenberg-Kobrin Courses: Negotiation Theories and Skills, Indie Film Clinic
Michelle-Greenberg Kobrin is the director of the Indie Film Clinic at Cardozo Law, which is supported by the Laurie M. Tisch Illumination Fund. Professor Greenberg-Kobrin previously served as the dean of students at Columbia Law School, where she also taught courses in deals, negotiation and leadership. Leslie Salzman Courses: Interviewing and Counseling, Bet Tzedek Legal Services Clinic, Disability Rights Law and Its Implications, Social Welfare Litigation
In addition to her advocacy work as the director of Cardozo’s clinical education program and its civil clinic for the elderly, Bet Tzedek, Leslie Salzman is an active mediator. David J. Weisenfeld Courses: ADR in the Workplace, ADR Competition Honor Society, Negotiation Theories and Skills, Contract Drafting, Public Sector Labor, Employment Law
In addition to teaching, David Weisenfeld is an active arbitrator of labor, employment and commercial disputes. He serves on numerous neutral panels including the American Arbitration Association and the Federal Mediation and Conciliation Service, among others.
REGULARLY OFFERED COURSES
Arbitration Law: Theory and Practice Collaborative Family Law
Introduction to ADR in NYC and Beyond
ADR Competition Honor Society ADR Field Clinic ADR in the Workplace ADR Writing Seminar Advanced Mediation Practicum
Dispute Resolution Processes
Mediation Clinic
Divorce Mediation Clinic
Negotiation Theory and Skills
Divorce Mediation Seminar
Representation in Mediation
International Commercial Arbitration
Securities Arbitration Clinic
Interviewing and Counseling
Introduction to Mediation
VISITING FACULTY Harold (Hal) I. Abramson
Joseph (Josh) B. Stulberg
Ellen Waldman
Professor, Touro Law Center Course: Representation in Mediation
Michael E. Moritz Chair in Alternative Dispute Resolution, Ohio State University Moritz College of Law Courses: Introduction to Mediation, Mediation Clinic, Negotiation Theory and Skills
Professor and Founding Director of the Mediation Program, Thomas Jefferson School of Law Course: Representation in Mediation
Simeon H. Baum
Charles J. Moxley
Robyn Weinstein
President, Resolve Mediation Services Course: Negotiation Theory and Skills
Distinguished ADR Practitioner, Kukin Program for Conflict Resolution Principal, MoxleyADR
ADR Administrator, U.S. District Court, Eastern District of New York Course: Mediation Clinic
Adam J. Berner
Glen Parker
Principal, Law and Mediation Offices of Adam J. Berner Courses: Collaborative Law, Family and Divorce Mediation
Principal Court Analyst, Office of ADR and Court Improvement Programs, New York State Unified Court System Courses: ADR Field Clinic, Mediation Clinic
ADJUNCT FACULTY
Daniel M. Weitz
Brian Farkas Attorney, Goetz Fitzpatrick, LLP Course: Arbitration Law: Theory and Practice
Tracey B. Frisch Senior Counsel, American Arbitration Association Course: Mediation Clinic
Maurice Robinson EEO Officer, Executive Agency Counsel, New York City Housing Authority Department of Equal Opportunity Course: Negotiation Theory and Skills
Director, Division of Professional and Court Services, New York State Unified Court System Course: Mediation Clinic
David M. White Founding Principal, White & Associates Director, Conflict Management Program at Seton Hall Law School Courses: Dispute Resolution Processes, Representation in Mediation, Interviewing and Counseling
Hope B. Winthrop Peter Halprin Attorney, Anderson Kill Courses: ADR Competition Honor Society, International Commercial Arbitration
Nick Schmitt Civil Court Manager New York Peace Institute Course: Mediation Clinic
Michael Tsur Founder, Shakla and Tariya, Multi-Disciplinary Program for Negotiation Specialists Course: Negotiation Theory and Skills
Mediator, New York Peace Institute Course: Mediation Clinic
Steven A. Yadegari Chief Operating Officer and General Counsel, Cramer Rosenthal McGlynn Course: Negotiation Theory and Skills
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The Office of Admissions Benjamin N. Cardozo School of Law Yeshiva University 55 Fifth Avenue New York, NY 10003-4391 lawinfo@yu.edu
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Professor Lela Love Director, Kukin Program for Conflict Resolution love@yu.edu
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