CJCR Publishes Volume 26, Issue 3 (Summer 2025)
The third of three issues is now available online and in print edition.
Top row, left to right: Michael Saini, Raheena Lalani Dahya, Shely Polak, and Giuseppe De Palo
Bottom row, left to right: Molly Baraban, Adam Gaudet, Cynthia Spitzer, and Mary B. Trevor
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 3 (Summer 2025). The print edition of the issue has also been released.
Accessible at Volume 26.3: Summer 2025, this issue contains Articles by Michael Saini, Raheena Lalani Dahya, Shely Polak, Giuseppe De Palo, and Mary B. Trevor; and Notes by Molly Baraban, Adam Gaudet, and Cynthia Spitzer.
Michael Saini is a Full Professor and holds the endowed Chair in Law and Social Work at the Factor-Inwentash Faculty of Social Work, University of Toronto. He is the Co-Director of the Combined J.D. and M.S.W. program with the Faculty of Law at the University of Toronto. He has over 100 publications and he routinely presents at international conferences on topics related to separation and divorce, family law, child protection, and children's rights. He is a Board Member of the Association of Family and Conciliation Courts and an Associate Fellow of the International Academy of Family Lawyers.
Raheena Lalani Dahya is a family law and community mediator based in Toronto, Canada, and a lawyer licensed in Ontario. She is also an unregistered Barrister in England and Wales and holds international accreditation as a mediator from multiple institutions. Alongside her practice, Raheena teaches Alternative Dispute Resolution at Humber College and serves on the faculty of family law mediation programs across Canada. She is currently in her fifth term as an Executive Board Director of the Ontario Bar Association’s Alternative Dispute Resolution Section and in her first term as a global mediation trainer with the Aga Khan International Conciliation and Arbitration Board. She previously served four terms on the Board of the Family Dispute Resolution Institute of Ontario, where she founded the Family Violence Section and was the inaugural Chair of the Diversity and Inclusion Committee.
Shely Polak holds a Master of Social Work and PhD from the Factor-Inwentash Faculty of Social Work, University of Toronto, where she also serves as a lecturer. She is the Founder and Director of Mackenzie Clinic, a private practice specializing in services for families impacted by separation and divorce, including parenting plan evaluations (s.30 assessments), family mediation, reintegration therapy, parent coordination, therapeutic services, and voice of the child reports. Accredited as a family mediator (Acc.FM) by the Ontario Association for Family Mediation, she has also completed Harvard Law School’s Executive Education Negotiation and Leadership Program. Dr. Polak’s research centers on reintegration therapy in cases of parent-child contact problems post-separation and the intersection of social work with the law, and her scholarship includes publications in peer-reviewed journals and book chapters. A frequent presenter at national and international conferences, she has been recognized with the Nicolas Bala Award for Excellence in Children & Family Law and is Past President of the Ontario Chapter of the Association of Family and Conciliation Courts. She is an Editorial Board Member for Family Court Review, Co-Chair of the AFCC’s Professional Development Committee, and an active member of several professional organizations including the Ontario College of Social Workers, Ontario Association of Social Workers, and Ontario Association of Family Mediators.
Giuseppe De Palo is an international mediator with nearly 30 years of experience, having resolved more than 2,500 disputes in over 60 countries involving parties from more than 90 nations. He has mediated complex commercial, employment, intellectual property, medical malpractice, banking, construction, insurance, and high-value cross-border disputes, including cases in challenging and high-risk environments. He has served as Ombudsman for United Nations Funds and Programmes, co-founder and board chair of ADR Center (Italy), director of JAMS International, and currently president of the Dialogue Through Conflict Foundation. Mr. De Palo has advised national and supranational parliaments and ministers of justice and economics on dispute resolution policy, led ADR initiatives in Europe, the Middle East, and Africa, and published widely on mediation. He is a member of the CPR Panel of International Distinguished Neutrals and a recipient of the CPR Outstanding Achievement Award.
Mary B. Trevor is an Emerita Professor of Law at Mitchell Hamline School of Law, where she also served as an academic excellence tutor and legal writing specialist, supporting students in lawyering and advocacy courses, bar preparation, and legal writing. She began her career as a business litigator at Leonard, Street and Deinard (now Stinson Leonard Street) before moving into teaching Legal Research and Writing (LRW) at several Minnesota law schools and later directing Hamline’s LRW department prior to its merger with William Mitchell. At Hamline, she taught LRW, persuasive writing, and skills courses, consulted on the first-year writing program, and co-authored works on ADR in legal education and international business with Professor Giuseppe De Palo. She also served as associate editor of the Journal of Alternative Dispute Resolution in Employment and published on topics including mediation in LRW, humor in judicial opinions, and supervision of novice attorneys’ writing. Professor Trevor has additionally worked as a writing coach for summer associates and new attorneys at Dorsey & Whitney and Stinson Leonard Street.
Molly Baraban is a recent graduate from Cardozo School of Law and served as a Senior Articles Editor for Volume 26. Her Note, “Healing an Unimaginable Loss: How Social Media Platforms can Help Bereaved Parents Through ADR” examines the intersection of probate law, social media, and minors’ rights. It traces the development of social media law in the United States, explores the impact of online platforms on young people, and evaluates the use of conciliation and arbitration in probate disputes. The Note proposes a two-tiered ADR framework within the RUFADAA statutory scheme to give bereaved parents access to deceased minors’ accounts while emphasizing flexibility over one-size-fits-all solutions.
Adam Gaudet is a recent graduate from Cardozo School of Law and served as Senior Notes Editor for Volume 26. His Note, “Three-Stripe Life: How Adidas can Act as a Model in Trademark Disputes by Promoting Internal Alternative Dispute Resolutions” considers the role of ADR in fashion trademark disputes. After outlining Adidas’s trademark portfolio and recent conflicts, the Note critiques the litigious strategies of large fashion brands against smaller designers. It then proposes that Adidas adopt a preemptive negotiation framework to address disputes, highlighting three potential outcomes: collaborations, acquiescence by smaller brands, or litigation as a last resort.
Cynthia Spitzer is a recent graduate from Cardozo School of Law. Her Note, “Having Fun is not as Hard when you have an Arbitration Clause: The Current Benefits and Possible Changes to the Arbitration Agreements of Amusement Parks and Recreational Resorts for Consumers” analyzes how arbitration agreements affect consumers injured at such venues. It reviews the background of arbitration agreements, liability waivers, and litigation in this context and argues that arbitration is less burdensome for consumers than liability waivers. The Note further considers alternatives, including the FAIR Act, opt-in arbitration clauses, and shifting mandatory arbitration obligations onto companies rather than consumers.
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.
