KUKIN PROGRAM FOR CONFLICT RESOLUTION

2008-2009 Summary of Activities

Prepared by: Lela P. Love

Highlights for the 2008-2009 year include the following:

Cardozo was ranked #7 in the nation in Dispute Resolution by US News and World Report.

Lela P. Love servedas Chair of the American Bar Association Section of Dispute Resolution.

  1. Student Writing and Presentation Awards:
  • Michael Kleinman, a student in the Mediation Clinic, received an Honorable Mention in the James Boskey ADR Writing Competition, sponsored by the American Bar Association Section of Dispute Resolution, making it the 5th consecutive year that Cardozo has won or placed 2nd in this prestigious competition.
  • Winning an Honorable Mention in the Second International Video CompetitionMake Talk Work, sponsored by the City University of New York Dispute Resolution Consortium, were: Mary Ann Carlese and Maurice Robinson for their video Body Talkand Jordan Hellman and Simone Lelchuk for their video Common Ground.

2. The Cardozo Dispute Resolution Society

  • The Cardozo Dispute Resolution Society (CDRS) hosted several events introducing Cardozo students to Dispute Resolution courses and programs at the school, as follows:
  1. On September 9, 2009, an introductory program highlighted remarks from Professor Lela Love describing dispute resolution activities at the law school, as well as presentations from various club officers explaining events that the CDRS would sponsor in the academic year.
  1. On October 28, 2009, a roundtable lunch featured Kenneth Feinberg, special master of the 9/11 Fund.
  1. On February 10, a panel on entertainment ADR was offered:Strike Up the Band: When the Entertainment Industry Goes on Strike, featuringJeffrey Bennett, Esq., Screen Actors Guild; Bruce Cohen, Esq., The Bruce Cohen Group Ltd.; Ira Cure, Esq., Writers Guild of America, East; Michael Lebowich, Esq., Proskauer Rose LLP. Professor Dan Silverman moderated the event.
  1. On March 26, 2009, a panel on Family Law and Mediation, featured Adam Berner, Esq., and Jessica Rothberg, Esq.
  1. On April 1, 2009, a panel onThe Art of the Deal: Negotiation on Behalf of Individual Artists, featuring Mark Beigelman, President, Beigelman, Feiner & Feldman, P.C. and Robert J. Epstein, Esq., was presented.
  1. On April 16, 2009, together with the ABA Section of Dispute Resolution Law Student Advisory Board and theNYS Dispute Resolution Association, the Society sponsored Cocktail Resolution: A Networking Event for Law Students and ADR Professionals. This event was held in conjunction with the ABA National Finals of the Representation in Mediation Competition at the Section of Dispute Resolution’s annual conference in NYC.
  1. On April 22, 2009, Faculty Roundtable, Cardozo ADR faculty presented an overview of courses and programs offered in dispute resolution at Cardozo. Students learned about our clinics, courses, certificate program, study abroad and competitions.

3. The Cardozo Journal of Conflict Resolution

The Cardozo Journal of Conflict Resolution sponsored a symposium on November 6, 2008, on Whither Arbitration?. Moderators and Panelists included: William Baker, Esq., Paul Bland, Jr., Esq., Professor Thomas Carbonneau, Robert Davidson, Esq. Professor Christopher Drahozal, George Friedman, Esq., Professor Elizabeth Goldman, Professor Stephen Huber, Professor Lela Love, Professor Curtis Pew, David Robbins, Esq., Professor Peter “Bo” Rutledge, Professor Amy Schmitz, Professor Jean Sternlight, Professor Thomas Stipanowich, Professor Michael Stone, Eric Tuchmann, Esq. Professor Maureen Weston, John Wilkinson, Esq.

The Journal gave the Tenth Annual International Advocate for Peace Awardto Amira Dotan on April 22, 2009 in the Moot Court Room.

4. The Certificate in Dispute Resolution

Seven students were awarded a Certificate in Dispute Resolution at graduation 2009:Mary Ann Carlese, Lynly Egyes, Michael Kleinman, Rachel Lowery, Maurice Robinson, Ben Thompson,and Robyn Weinstein.

  1. Conferences and Presentations

1. On September 22, 2008, David A. Hoffman, Esq., of the Boston Law Collaborative, gave the Gloria and Stanley Plesent Lecture on Colliding Worlds of Dispute Resolution: Towards a Unified Field Theory of ADR.

2. On October 29, 2008, Kenneth R. Feinberg, Special Master of the September 11th Victim Compensation Fund, gave a public presentation on Public Catastrophes, Government Inaction and Private Compensation: Resolving the Insurance Mess After Katrina.

3. On November 7, 2008, from noon to 1:30 pm, Kenneth R.Feinberg, introduced by Lela Love, gave a luncheon talk and answered questions in an intimate setting in room 1008 with 15 students.

6. Competitions

The American Bar Association Negotiation Competition

The Kukin Program hosted the nineteenth annual Cardozo/ABA Intra-School Negotiation Competition on October 7, 2008. 124 contestants/64 teams competed. The winners of the competition were: Meryl Rothchild & Ben Thompson, Rebecca Auster & Jeffrey Haberman, and Dan Watkins.

On November 8-9, 2008, the teams of Meryl Rothchild & Ben Thompson, Jeffrey Haberman & Dan Watkins, and Sabrina Gillespie & Joshua Kershner represented Cardozo at the ABA Regional Negotiation Competition at FordhamLawSchool.

The ICC International Commercial Mediation Competition in Paris

Since 2007, Cardozo has sent a team to the ICC Competition. This year the team of Becky Auster and Jay Robert represented Cardozo. Out of a field of 40 schools from 16 countries, Cardozo’s team advanced to the quarter-finals (the top 8 teams).

The American Bar Association Representation in Mediation Competition

Cardozo served as the host of the ABA Regional Representation in Mediation Competition, held on March 1-2, 2009. Cardozo sent two teams to the competition: Brad Roth & Dan Watkins and Stephanie Cirkovich & Simone Lelchuk. The team of Brad Roth & Dan Watkins placed 4th in the Regional Competition.

Willem C. Vis International Commercial Arbitration Moot Competition

In March, Benjamin N. Cardozo School of Law sent teams to both the William C. Vis International Commercial Arbitration Moot West (Vis Moot West) in Vienna, Austria, and the William C. Vis International Commercial Arbitration Moot East (Vis Moot East) in Hong Kong. Students were selected based on their performance in the International Arbitration Practicum, a year long course dedicated to studying oral and written advocacy in arbitration. Course participants prepare for the William C. Vis Competitions, and the actual teams are competitively selected after a three-round intra-school competition. Cardozo’s teams are coached by Professor Curtis Pew.The Cardozo teamed received an honorable mention for their submission of the Claimant’s Brief.

Robert R. Merhige, Jr. National Environmental Law Negotiation Competition

Cardozo’s team of Tressie Kamp and Dan Watkins advanced to the semifinals of theMerhige competition held at the University of Richmond’s T.C.WilliamsSchool of Law on March 27 and 28, 2009. 26 teams competed with 8 teams advancing to the semi-finals.

The ABA Client Counseling Competition
Elie Malone and Gary Sapir were the winners of Cardozo's ABA Intra-school Counseling Competition held on Wednesday, January 21, 2009. Elie and Gary represented Cardozo at the ABA Regional Competition for Region 2 at TouroLawSchool on February 9 and 10, 2008. They won the Regional Competition and represented Cardozo at theABA National Client Counseling Competition at North Carolina Central University School of Law in Durham, North Carolina on March 14, 2009. The team advanced to the semi-final round of the National Competition.

7. 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.

This year Cardozo students reported participation in 367 cases, either as an apprentice mediator (observing or co-mediating) or as a mediator. For all the cases, the agreement or resolution rate was 53%. The break down of cases that settled in mediation was as follows: 79% in the Brooklyn Civil Court; 52% in the Manhattan Civil Court; 28% in the Manhattan Small Claims Court; 21% of the EEOC cases; 75% of the Manhattan Mediation Center cases;58% of the Brooklyn Mediation Center cases; 78% of middle school cases; and 100% of the high school cases. Students made presentations on mediation and alternative dispute resolution processes to a variety of groups, including: videos prepared for the Second International Video Competition Make Talk Work, sponsored by the City University of New York Dispute Resolution Consortium; and presentations on mediation made to the Cardozo student bar association, the George Washington High School and the Cardozo student body.

As in past years, the Mediation Clinic was very popular. A total of 85 students applied for the 16 clinic openings.

  • Security Arbitration Clinic

The Securities Arbitration Clinic, begun in 2003, will complete its fifth year this fall. The Clinic primarily represents claimants who cannot afford an attorney and who have securities-related arbitration claims arising from improper actions by retail securities brokers and/or broker-dealers. The clients' cases are tried primarily before the NASD and the NYSE (now collectively known as FINRA), but the Clinic also handles matters before the NFA and AAA arbitration forums. During the past year, the Clinic received 36

inquiries and filed 6 new claims. Two of the Clinic's cases pending last year were mediated to full resolution. Three were fully and satisfactorily settled after drafting Statements of Claim. Eight other inquiries were resolved by providing assistance to the inquiring clients in the form of demand letters, which resulted in a favorable resolution to those clients. Two cases are currently under investigation. Three new arbitration

proceedings are pending, one outstanding claim is still pending, and the remainder of the cases either presented claims that were inarbitrable; were barred by the statute of limitations and/or arbitration eligibility rules; or were presented by parties who were in jurisdictions to which the Clinic's student practice order does not extend.

The Clinic is staffed by eight students, and one full-time Director/Clinical

Faculty member.

  1. Global Perspectives on ADR: Summer Study Abroad Program

This program gives students the opportunity to study conflict resolution processes through multinational examples and perspectives, and addresses challenges in the design and delivery of ADR initiatives in both developed and emerging democracies. Program design has been guided by the principle that great dispute resolvers of the 21st century not only will be advocates, but also creative problem solvers working collaboratively at home and abroad. The program is sponsored by Cardozo, together with both the Dispute Resolution Institute of Hamline University School of Law and CentralEuropeanUniversity.

In 2009, a two-week, three-credit program was offered at CentralEuropeanUniversity in Budapest, focusing on Mediation and Democratic Dialogue. American students learned side-by-side with scholars from Central and Eastern European countries and elsewhere. The course is designed to facilitate the exchange of ideas and cooperative projects among academics, professionals, and students in the East and West who are pursuing the study of conflict and conflict resolution processes. For each offering of the program, students and faculty from many countries have participated, making it an unparalleled cross-cultural learning experience. In 2009, a total of 34 students from 16 countries attended the ADR Abroad Program.

  1. Lela P. Love

Publications: 2007-2009

In Appreciation of our Friend and Colleague Jack Cooley (a tribute), with Homer La Rue, in JustResolutions eNews, ABA Section of Dispute Resolution (July 2009)

The Middle Voice: Mediating Conflict Successfully, with Joseph Stulberg (Carolina Academic Press, 2008)

From the Chair, 4 columns, Dispute Resolution Magazine (Fall, 2008, Winter, Spring, Summer 2009)

Problem Solvers Have Never Been More Needed, Vol. 30, No. 47, Nat’l. LJ (8/4/2008).

Leaving More Than Money: Mediation Clauses in Estate Planning Documents, 65 Wash. & Lee L. Rev. 539 (2008) (with Stewart Sterk).

Midstream Mediator Evaluations and Informed Consent, Dispute Resolution Magazine (Winter 2008, vol. 14, Number 2) (with John W. Cooley).

Commentary in Practical Ethics for Mediators, edited by Ellen Waldman ( expected publication Jossey-Bass 2009).

Voice of Experience, advice to beginning practitioners in JustResolutions eNews (publication of the ABA Section of Dispute Resolution/March 2007).

Courses, Conference and Other Presentations:

Panelist, Analytical Mediation, ABA Annual Meeting (Chicago 7/31/09))

Speaker, Hot Topics Public Lecture: Mediation Achieves What Litigation Cannot, VermontLawSchool (7/28/09)

Faculty, Mediation (2 credit law school course) Vermont Law School (7/20-30/09).

Presenter, Hybrid Processes and the Shifting Roles of Neutrals, ACRGNY Annual Conference at FordhamLawSchool(6/25/09)

Panelist, Croatian Bar Association, Negotiation and Mediation: A Threat or an Opportunity to the Business of Attorneys (6/1/09 Zagreb)

Panelist, Evaluating Our Students’ Performance, Program on Negotiation at HarvardLawSchool Mediation Pedagogy Conference (5/15-16/09)

Presenter, Representation in Mediation, program for clerks and attorneys working at the U.S. Court of Appeals for the Second Circuit(5/7/09)

Moderator, Plenary Sessions and Panelist, onDead Decedents and Splitting Heirs: How Do We Get Disputants Out of Court and Around the Table; Faculty, Mediation Shop Talk (part of the Legal Educators’ Colloquium)11th Annual ABA Section of Dispute Resolution Annual Conference (NYC 4/16/09)

Speaker, on Mediation and Its Relevance to Public Service, Cardozo Public Service Scholar’s Lunch Talk on Mediation, (3/11/09)

Panelist, The Future of Alternative Dispute Resolution in the Roberts Era, Case Western Reserve Law Review Symposium (Cleveland 1/30/09)

Moderator, The Ethical Mediator, 2009 CPR Annual Meeting (1/16/09)

Faculty, Negotiation and Mediation, Seminar on Alternative Dispute Resolution, a module for a 2-year masters program on International Trade and Finance,University of Deusto (Bilbao, Spain, 12/7-13/08)

Trainer, Part 137 Program: Attorney-Client Fee Dispute Arbitration, 1st and 12th Judicial Districts (Manhattan & Bronx), NY CountyLawyers Association (with Lester Brickman, 12/2/08)

Opening Remarks, Whither Arbitration?, annual symposium of the Cardozo Journal of Conflict Resolution (11/6/08)

Host—welcoming remarks and facilitation of plenaries, International Mediation Leadership Summit, ABA Section of Dispute Resolution (the Hague, 10/08)

Panelist, Mediation Settlement Day,Brooklyn Civil Court (10/16/08)

Introduce David Hoffman, Guest Speaker,Gloria and Stanley Plesent Lecture, BenjaminN.CardozoSchool of Law(9/22/08).

Panelist, Civil Court Training, Safe Horizon Mediation Programs (Brooklyn Mediation Center 9/10/08).

Committee and Other Service:

Mediator, U.S. District Court for the Eastern District Mediation Panel, successfully mediated a class action suit by minority claimants against a town in Long Island (12/08)

Judge, Make Talk Work International Video Competition, CityUniversity of New York Dispute Resolution Consortium (2008-09).

Judge, 2008 and 2009 James B. Boskey ADR Writing Competition, sponsored by the ABA Section of Dispute Resolution in association with Penn State Dickinson School of Law.

Peer Review, Dispute Resolution: Examples and Explanations, by Andrea Schneider and Michael Moffit.

Member, Mediation Ethics Advisory Committee, Unified Court System of New YorkState (2006-2009).

Member, Committee on Mediator Ethical Guidance, ABA Section of Dispute Resolution (2006- ). Chaired subcommittee that drafted response to first ethical query to the Committee on Mediator Ethical Guidance.

Member, Public Service Funding Committee (2007-ongoing )

Secretary, Archbold Biological Station (ongoing)

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