Elayne E. Greenberg is Faculty Director of the Carey Center for Dispute Resolution and Professor of Legal Practice at St. John’s Law School. She can be reached at greenbee@ stjohns.edu. The Context On September 13, 2023, non-profit organizations and consumer law professors submitted a petition urging the Consumer Financial Protection Bureau (CFB) to allow consumers … Continued

Fairness requires that parties both understand and be understood in proceedings that affect them. This is a fundamental principle of natural justice.1 In Canada, the Canadian Charter of Rights and Freedoms provides for the right to use an interpreter where a party or witness “is deaf” or does not understand or speak the language of … Continued

Seemingly every week there is a new headline in the news relating to artificial intelligence (AI). Researchers, computer scientists, engineers, and even the average individual around the world have been thinking more and more about AI and its numerous endless potentials in our daily lives. The legal field has not been spared. Would AI ever … Continued

It is almost a given that Artificial Intelligence (AI) “is a technology that is transforming every walk of life. It is a wide-ranging tool that enables people to rethink how we integrate information, analyze data, and use the resulting insights to improve decision-making.”1 Meanwhile, in the world of Alternative Dispute Resolution (ADR) another transformation is occurring. … Continued

For over a decade, since the section’s inception, NYSBA’s Dispute Resolution Section has observed a ritual of transition from one chair to the next. In lieu of passing the gavel, we have passed the hossu. We lawyers are all familiar with the gavel. Shaped like a hammer, it is held by a judge. With a loud … Continued

Lawsuits against mediators are few and far between, but not so rare that they can be ignored. Some practitioners attempt to mitigate the risk with an exculpatory provision in their engagement letter, a somewhat controversial practice likely permissible in some jurisdictions but not others.1 Mediators can invoke quasi-judicial immunity in some courts, but the extension of … Continued

Nine years ago, national and international conflict resolution leaders gathered at Cardozo Law to contemplate the status and direction of mediation as a process, as a movement, and as a conflict resolution phenomenon.1 At that time, I was still a law student—wide-eyed, optimistic, and in denial about the realities being acknowledged: that mediation was dormant, sleeping, … Continued

Unlike litigation or arbitration, there are no formalized rules of procedure in mediation. Mediators, therefore, have a broad range of process choices and minimal guidance on how to make those choices. As mediators gain experience, they may develop a deeper appreciation of the subtleties and complexities of the mediation process and their role as a … Continued

The Challenge: How might neutrals and advocates foster interpersonal dynamics when conducting arbitrations and mediations virtually, consistent with the ethical obligations of each profession and the ethical underpinnings of each process? Virtual dispute resolution for commercial dispute resolution has become the new normal.1 Yet, the dispute resolution listserves are still peppered with posts from mediators and … Continued

We welcome our new chair, Jeff Anderson, and the excitement he brings to increasing statewide participation to our dynamic and engaged section. Our section has been fortunate in maintaining the participation of almost all the past chairs and we hope Noah Hanft, our excellent immediate past chair, will continue in that tradition because he brought … Continued