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Case Study: The Northern Ireland Experience

In 2001, Fordham Law faculty, in collaboration with the University of Ulster in Northern Ireland, the CPR Institute for Dispute Resolution, and Prof. Seamus Dunn of the University of Ulster prepared an international monograph on the Northern Ireland conflict. Using Northern Ireland as a case study, the monograph examined the possibility of cross-fertilization learning from the world of political conflicts to social/business conflicts. Seamus Dunn, "Case Study: The Northern Ireland Experience - Possibilities for Cross-Fertilization Learning," 6 Alternatives 153 (CPR Institute, June 2001). For more information see www.cpradr.org.

Special Project - Analysis of Settlement Facility Developed in Employment Class Action

The U.S. District Court for the Southern District of New York has awarded a grant to Fordham University Law School's Conflict Resolution and ADR Program and the CPR Institute for Dispute Resolution to analyze the settlement facility developed in an employment class action. The paper will contain a succinct analysis of the settlement facility to guide others interested in use of similar vehicles. The project has four phases; with an anticipated completion date of late 2004. For further information, contact Cathy Cronin-Harris at the CPR Institute (charris@cprdr.org) or Fordham Adjunct Faculty, David White.

Recent Select Faculty Publications in ADR & Conflict Resolution

John D. Feerick

  • "The 1977 Code of Ethics for Arbitrators: An Outside Perspective," 18 Ga. U.L. Rev. 907 (Summer, 2002)
  •  "ADR: Worthy of the Appellation 'Justice'," CPR Institute - Alternatives (January 2001)
  •  "Towards Uniform Standards of Conduct for Mediators," 38 S. Tex. L. Rev. 455 (1997)
  • "ADR in Law Schools," 51-SEP Disp. Resol. J. 60 (1996)

Constantine N. Katsoris

  • "Securities Arbitrators Do Not Grow on Trees," 14 Ford. J. Corp. & Fin. Law 49 (2008).
  • "Securities ADR," American Arbitration Principles and Practices, Chapter VII, Practicing Law Institute (2008).
  • "Winning Over the Arbitrators- A Dozen Helpful Hints for a Successful Award," (with James D. Yellen), Securities Arbitration (2007).
  • "Roadmap to Securities ADR," 11 Ford. J. Corp. & Fin. Law (2006).  Republished in "Securities Arbitration: A Road Map," Amicus Press (2006).
  • "Have Pre-Hearing Motions to Dismiss Become Abusive in SRO Arbitrations?," Securities Arbitration Monitor, No. 5 at 1 (Nov. 2006).
  • "Advocacy with Civility: A Perspective for Success," NASD Neutral Corner, Jan. 2001
  • "The Resolution of Securities Disputes," 6 Ford. J. Corp. & Fin. Law 307 (2001)
  •  "Riding the Trojan Horse Back to Wilko?" 10 Securities Arbitration Commentator, 7 at 1 (July, 1999)
  • "An Arbitrator's Perspective," Vol. I Practicing Law Institute- Securities Arbitration 1998, 317
  •  "Securities Arbitration: A Clinical Experience," 25 Ford. Urb. L. J.193 (1998)

Jacqueline M. Nolan-Haley

  • Is Europe Headed Down the Primrose Path with Mandatory Mediation?, 37 North Carolina Journal of International Law and Commercial Regulation (forthcoming 2012)
  • Evolving Paths to Justice: Assessing the EU Mediation Directive, Proceedings of the Sixth Annual Conference on International Arbitration and Mediation, Fordham University Law School, Martinus Nijhoff Publishers (forthcoming 2012)
  • Mediation: The “New Arbitration,” 17 Harvard Negotiation Law Review (forthcoming 2012)
  • Mediation Exceptionality, 78 Fordham Law Review 1247 (2009). Consent in Mediation, Dispute Resolution Magazine, ABA Section of Dispute Resolution 4 (Winter 2008)
  • Finding Interior Peace in the Ordinary Practice of Law: Wisdom from the Spiritual Tradition of St. Teresa of Avila, 46 Journal of Catholic Legal STUDIES 29 (2007)
  • Teaching Comparative Perspectives in Mediation, 81 St. John’s Law Rev. 259 (2007)(reprinted in www.britannica.com)
  • Self-Determination in International Mediation: Some Preliminary Reflections, 7 Cardozo J. Disp. Resol. 701 (2006)
  • International Conflict Resolution:Consensual ADR Processes (2005)(with Abramson and Chew)
  • The Merger of Law and Mediation: Lessons from Equity Jurisprudence and Roscoe Pound, 6 Cardozo J. Conflict Resol. 57 (2005)
  • Problem-Solving Negotiation: Northern Ireland's Experience with the Women's Coalition, 2003 Journal of Dispute Res.387 (with Brogna Hinds)
  •  New Problem-Solving Scholarship: An Historical Tale with a Happy Ending, Negotiation Journal 169 (April 2003)
  • The Intersection of Religion, Race, Class, and Ethnicity in Community Conflict, Negotiation Journal 381 (October 2002)
  • Lawyers, Non-Lawyers and Mediation: Rethinking the Professional Monopoly from a Problem-Solving Perspective, 7 Harvard Negot. L. Rev. 235 (2002)
  • ALTERNATIVE DISPUTE RESOLUTION (West Group Nutshell Series, 2nd ed. 2001)
  • Introduction: Lawyers' Ethics in ADR, Symposium on ADR and the Professional Responsibility of Lawyers, 28 Ford. Urb. L. J. 891 (2001)
  • Conflict in Northern Ireland After the Good Friday Agreement, 22 Ford. Int. L. J. 1372 (1999)(with Professor Seamus Dunn)
  • Informed Consent in Mediation: A Guiding Principle for Truly Educated Decisionmaking, 74 Notre Dame L. Rev. 775 (1999)
  • Lawyers, Clients, and Mediation, 73 Notre Dame L. Rev. 1369 (1998)
  • Court Mediation and the Search for Justice Through Law, 74 Washington University Law Quarterly 1 (1996)
  • BLACK'S LAW DICTIONARY, 6th ed. 1990 (co-author with Joseph R. Nolan)
  • Teaching Mediation As A Lawyering Role, 39 J. Legal Educ. 571 (1989)(co-author with Maria Volpe)

George H. Friedman

  • Selected Developments at NASD Dispute Resolution, Inc., Securities Arbitration 2002, p. 141 (Practicing Law Institute, Pub.; D. Robbins, ed.)
  • Ten Truisms About SRO Securities Arbitration - That Aren't True, Securities Aritration 2001, p. 123 (Practicing Law Institute, Pub.; D. Robbins, ed.)
  • The Level Playing Field, XI:12, Securities Arbitration Commentator 1 (July 2001)
  • Securities Arbitration: Still Effective as the Millennium Dawns, 10:5 World Arbitration & Mediation Report 1 (May 1999)
  • A Due Process Protocol for Mediation & Arbitration of Health Care Disputes, July 2 7, 1998 American Arbitration Association, American Bar Association, American Medical Association, pubs. [G. Friedman was secretary and drafter]
  • Battling Computer Demons, 7:3 Experience Magazine 6 (Spring 1997)
  • Alternative Dispute Resolution and Emerging Online Technologies: Challenges and Opportunities, 19:3 Hastings Communications & Entertainment Law Journal, 695 (Spring 1997)
  • Drafting Dispute Resolution Clauses in Complex Business Transactions, 51:1 Arbitration Journal 17 (Jan. - May. 1996) [with Howard Aibel].

Kathleen M. Scanlon

  • "A Case for Judicial Accountability: When Courts Add a Settlement Detour to the Traditional Appellate ÔPath'," 17 Ohio State J. Disp. Resol. 379 (2002)
  • Drafter's Deskbook for Dispute Resolution Clauses (CPR Institute, 2002)
  • Mediator's Deskbook (CPR Institute, 1998)