Publication: New York Dispute Resolution Lawyer

Clickwrap Contracts and Arbitration: Why What You Click Matters- Emily Wu v. Uber Technologies, Inc.

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Introduction Today, many online businesses require consumers to accept terms and conditions containing arbitration provisions. For such provisions to be enforceable, a binding contract must exist, meaning both parties must agree to the terms.1 Courts have struggled to determine “mutual assent” in the context of online contracts.2 A common form is the “clickwrap” agreement, where users … Continued

The Benefits of Mediating Restrictive Covenant Disputes

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Here’s a common scenario: A senior executive employed in a managerial role in a client-facing, competitive industry obtains a similar position with a competing company. He or she announces their resignation. The executive’s employment agreement includes time-limited restrictions on employment by a competitor, soliciting the business of clients or customers, and hiring or recruiting employees … Continued

Ancient and Traditional Approaches to Dispute Resolution in the Caribbean: Sport Matches as a Mechanism To Resolve Community Disputes

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This article examines ancient dispute resolution in the Caribbean by first defining the time frame, outlining the location, and identifying the individuals involved. It then explores the use by the Taínos, the primary inhabitants of the Caribbean in ancient times, of batey, a ball match, to resolve community disputes. Time: What Do We Mean by ‘Ancient’? … Continued

Alternative Dispute Resolution in Islamic and Arab Culture: A Brief Summary

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Introduction Alternative dispute resolution (ADR) is not a recent innovation. It is deeply rooted in ancient cultures, including Africa, Asia, Latin America, and the Arab and Islamic culture. ADR has evolved alongside the development of the Arab and Islamic civilization for at least 2,000 years. Many Arab and Islamic jurisdictions have developed sophisticated systems for … Continued

A Tribute to Edna Sussman: Founder of the NYSBA New York Dispute Resolution Lawyer

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Edna Sussman is one of the most influential figures in the dispute resolution community in New York and internationally. Her career – spanning big law, academia, and leadership in major dispute resolution organizations – exemplifies a commitment to excellence, innovation, and service to the profession. Sussman began her legal career at White & Case, where … Continued

Message From the Chair

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As I begin my term as chair of the Dispute Resolution Section, I want to introduce myself, share a few strategic priorities, and extend a welcome to all of you – whether you are an active member or a person who has some level of interest in what we do – to help shape the … Continued

A Journey to Origins Within Dispute Resolution

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Curiosity has often led me to look for the origins of practices and beliefs. There are truly very few “original” ideas whose seeds were not planted earlier. But determining origins depends on understanding enough science, physics, or cosmology to know whether there were/are precursors or whether an idea is the product of spontaneous combustion. Applied … Continued

Historical Continuity in African Dispute Resolution: From Ancient Traditions to Modern Practice

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Introduction The narrative that domestic and international dispute resolution systems are Western inventions is increasingly challenged by scholarship highlighting Africa’s rich legal heritage.1 Drawing on ancient and traditional African approaches, including the work of the author, this article examines the historical continuity of law and philosophy in African dispute and conflict resolution systems. It shows how … Continued

Haudenosaunee Restorative System of Care: Finding Connectedness and Resolving Conflict Through Acceptance, Compassion and Forgiveness

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This article comes primarily from oral traditional knowledge passed down from generation to generation through storytelling. It is through storytelling that lessons around grief and peace can be achieved. These stories have had impact on contemporary systems and still are implemented within Indigenous communities in the Northeastern continent of North America. This article outlines a … Continued