Transitions This journal was the brainchild of Edna Sussman and it was born with the Dispute Resolution Section, the first issue dated June 2008. I joined as co-editor in chief two years later, and Sherman joined us in 2014. Both Edna and Sherman have been chairs of the section, as have I. They have contributed … Continued
Introduction A few years ago, I was exposed to the concept of collaborative law and immediately recognized its possible application beyond family law matters. As a labor attorney, I recognized the similarities between resolving potentially acrimonious family matters and tense labor-relations and collective bargaining disputes. This article reflects what I have learned about collaborative law. … Continued
Introduction The Navajo Nation is the largest indigenous tribe within the United States in terms of land mass (over 27,000 square miles) and tribal membership (over 400,000).1 In our language, we refer to ourselves as Diné and many members still speak our language exclusively. We still maintain many of our traditional practices such as the variety of healing … Continued
A child will respect their parents, the parents will respect the elders, the elders will respect the king, and the king will respect ancestors and God who is the King of kings, that is the structure. – Oba Adeyeye Enitan Ogunwusi, Ooni of Life, 20251 This article is an abridgement of the new book – Ancient … Continued
There has been increasing attention in recent years to what is required for a reasoned award. Several decisions that have drawn considerable comment have refused to enforce awards due to insufficient reasoning, highlighting the importance of the issue. An examination of what is required for a reasoned award seems timely. The reasoning of an award … Continued
As attorneys representing parties in employment cases in New York federal court are aware, odds are good that the case will wind up at mediation, often very early in the litigation (whether by choice or not). The most recent data from two of the busiest federal courts is clear: mediation of employment law claims is … Continued
Introduction In New York, CPLR 75101 enables a party to seek confirmation of an arbitration award, thereby converting the award into a judgment.2 Once confirmed, the prevailing party gains access to the judgment enforcement mechanisms outlined in CPLR Art. 52, allowing them to utilize the full range of legal tools available to enforce the judgment.3 The doctrine … Continued
What obligations do members of the legal profession owe to a society in crisis and conflict? Specifically, do lawyers have an ethical duty to deploy their skills to encourage and advance peacemaking? My response to this normative question is yes. Not only is there a peacemaking role for lawyers, but we should be more intentional … Continued
Having served one-year terms as the vice-chair and chair-elect of the Dispute Resolution Section (DRS) of the New York State Bar Association, I thought I knew what to expect when I became the chair on June 1, 2024. However, until one is actually sitting on the “throne,” one does not appreciate how different the view … Continued
Parties choose arbitration as an alternative to the traditional court system. They want their disputes dealt with fairly, expeditiously, and with as little fuss and bother as possible. Therefore, absent agreement to the contrary, formal court procedures, including the strict rules of evidence, do not apply in an arbitration. The common law and the rules … Continued