CJCR Publishes Volume 26, Issue 2 (Symposium 2024)
The second of three issues is now available online and in print edition.
Top row, left to right: Zachary R. Calo, Diego Faleck, Nokukhanya Ntuli, and Nancy A. Welsh
Bottom row, left to right: Peri Ayzidor, Jared Man, Yakov Schwalb, and Bayla Zohn
The Cardozo Journal of Conflict Resolution—the country’s preeminent legal journal of arbitration, negotiation, mediation, settlement, and restorative justice—today published the web edition of Volume 26, Issue 2 (Symposium 2024). The print edition of the issue has also been released.
Accessible at Volume 26.2: Symposium 2024, this issue contains Remarks by Lady Justice Joyce Alouch; Articles by Zachary R. Calo, Diego Faleck, Nokukhanya Ntuli, and Nancy A. Welsh; and Notes by Peri Ayzidor, Jared Man, Yakov Schwalb, and Bayla Zohn.
Zachary R. Calo is a Full Professor of Law and Founding Professor at Hamad bin Khalifa University in Doha, Qatar, where he has been a member of the faculty since 2015. He is also Professor of Law (Adjunct) at the University of Notre Dame Australia, Visiting Professor at The Open University (UK), Central Asia Research Fellow and Visiting Professor at Tashkent State University of Law (Uzbekistan), Adjunct Professor at Northwestern University in Qatar, and Lecturer at the Qatar Olympic Academy. Editor of 2 books and author of 80 articles, he is a leading authority on international dispute resolution, sports law, and religion and law. He previously taught at Valparaiso University School of Law, Notre Dame Law School, and DePaul College of Law in the United States. He is now also Senior Counsel with McNair International (London & Doha), Of Counsel, Sports Law with Schelstraete Equine Law (Amsterdam & Doha), and Co-Founder and International Mediator with Gulf Mediation, the leading boutique provider of commercial mediation services in the Middle East. He is a member of international dispute resolution panels at Sport Resolutions UK and the Qatar Sports Arbitration Tribunal, and is an Officer of the International Bar Association Mediation Committee and Secretary of the Ethics Committee of the International Mediation Institute. A member of the Washington, DC Bar and a CEDR-accredited mediator, he previously practiced banking and commercial law with Buckley, LLP. He holds a J.D. from the University of Virginia School of Law, B.A. and M.A. from The Johns Hopkins University, Ph.D. from the University of Pennsylvania, M.A. from the University of Virginia, and an LLM in Dispute Resolution from the Straus Institute at Pepperdine University School Law.
Diego Faleck is a business mediator, settlement counsel, and a dispute resolution processes designer, based in São Paulo, Brazil, with a unique track record in highly complex cases and crises, such as victims’ compensation schemes stemming from aircraft accidents and large environmental tragedies (dam breaks, sinking homes). He is the Founder of Faleck & Associados, a private firm focused on mediation and settlement strategies, and holds an LL.M. degree from Harvard and a Ph.D degree from the University of São Paulo. He has held significant government positions in antitrust and consumer protection matters. He is an Adjunct Professor at the Pepperdine Caruso Law School (Malibu – CA, USA). He has been highlighted as a Global Elite Thought Leader by Who's Who Legal and as the most highly regarded mediator in Brazil. He is ranked as the best business mediator in Brazil by Leaders League. He is also a Distinguished Fellow at the International Academy of Mediators and has several national and international publications on dispute resolution.
Nokukhanya Ntuli is a lawyer, mediator, process facilitator, and the current head of the Dispute Resolution team at the Compliance Advisor Ombudsman (CAO) (part of the World Bank Group). Prior to joining the CAO, she worked as a Constitutionalism and Rule of Law Expert in the Department of Political Affairs at the African Union Commission in Addis Ababa. She also worked with the Ugandan Judiciary (2009-2011), to set up Court Annexed Mediation in the Commercial Court. Nokukhanya has extensive legal experience in corporate, intellectual property, labor, and public policy law. She also has over 17 years of mediation experience and has mediated commercial, employment, land, community, small claims, and electoral disputes.
Nancy A. Welsh is the Frank W. Elliott, Jr. University Professor, Professor of Law, and Director of the Aggie Dispute Resolution Program at Texas A&M University School of Law. She has previously been the William Trickett Faculty Scholar and Professor of Law at Penn State University, Dickinson School of Law. Professor Welsh is a leading scholar and teacher of dispute resolution and procedural law. She examines negotiation, mediation, arbitration, judicial settlement, and dispute resolution in U.S. and international contexts, focusing on self-determination, procedural justice, due process, and institutionalization dynamics. Professor Welsh presents nationally and internationally and has written more than 70 articles and chapters that have appeared in law reviews, professional publications, and books. Professor Welsh is also co-author of the fourth, fifth, and sixth editions of the leading dispute resolution textbook, DISPUTE RESOLUTION AND LAWYERS, and co-editor of EVOLUTION OF A FIELD: PERSONAL HISTORIES IN CONFLICT RESOLUTION. She succeeded Harvard Law Professor Frank Sander as co-chair of the Editorial Board of the Dispute Resolution Magazine, conducted research as a Fulbright Scholar in the Netherlands, and has served as Chair of both the ABA Section of Dispute Resolution and the AALS Alternative Dispute Resolution Section. She is a member of the American Law Institute and an American Bar Foundation Fellow. Before joining the legal academy, Professor Welsh was the executive director of Mediation Center in Minnesota and practiced law with Leonard, Street and Deinard. She has advised state legislatures, federal and state agencies, and courts regarding the institutionalization of dispute resolution, conducted empirical research, convened roundtables and symposia on various dispute resolution topics, and served as a mediator, facilitator, and arbitrator. Professor Welsh earned her B.A. magna cum laude from Allegheny College and her J.D. from Harvard Law School. She was admitted to the bar of the state of Minnesota in 1982.
Peri Ayzidor is a third-year law student at Cardozo School of Law. Peri currently serves as Notes Editor for Volume 26 of the Cardozo Journal of Conflict Resolution. Her Note “Stronger - Not Together: The Needed Elimination of Mandatory Arbitration for Sexual Misconduct Claims Against the United States Olympic & Paralympic Committee & International Olympic Committee” explores the mandatory arbitration clauses of the IOC and the USOPC, and evaluates the necessary steps needed to create a better framework for addressing sexual misconduct cases filed by Olympic athletes. The Note proposes that the use of mandatory arbitration clauses be eliminated in IOC and USOPC contracts and a new framework utilizing alternative dispute methods, such as mediation, conciliation, or restorative justice, be enacted for addressing claims of sexual misconduct made by athletes.
Jared Man is a third-year law student at Cardozo School of Law. His Note, “Addressing New York’s Scaffolding Issue through an Arbitration Framework” explores a new approach to address the issue of building owners neglecting their duties under Local Law 11, causing unsightly scaffolding structures to overstay their welcome on city sidewalks. The Note proposes the implementation of an arbitration framework to create a more concerted solution, tailored to each building owners’ needs, while also fostering communication between the city and owner.
Yakov Schwalb is a third-year law student at Cardozo School of Law. Yakov currently serves as a Notes Editor for Volume 26 of the Cardozo Journal of Conflict Resolution. His Note “Early Neutral Evaluation in Baseball Arbitration” explores an overview of MLB arbitration including under what circumstances a player is eligible for arbitration, who are the arbitrators, what criteria are used to determine a player’s salary, any eligibility exceptions, and a history of the relationship between MLB players and their teams and how final offer arbitration became the mode of arbitration in the MLB. The Note proposes the use of a different system to solve these problems using an alternative dispute resolution method called Early Neutral Evaluation.
Bayla Zohn is a third-year law student at Cardozo School of Law. Bayla currently serves as a Blog Editor for Volume 26 of the Cardozo Journal of Conflict Resolution. Her Note, “Squatters Squabbles: The Use of Mediation to Provide Beneficial Solutions to Adverse Possession Claims in New Jersey,” explores the potential for utilizing mediation to resolve adverse possession disputes as an alternative to the traditional litigation model. The Note proposes implementing a system of voluntary court-referred mediation for adverse possession claims in New Jersey in order to foster better resolutions.
The Executive Board of the Journal would like to extend its deepest gratitude to each and every Staff Editor and Editorial Board member who worked so diligently on editing the Articles and Notes for this issue.