AMERICAN JOURNAL OF MEDIATION
Editorial Board Introduction
Welcome to Volume 16 of the American Journal of Mediation for 2023. The Journal again sponsored its American Journal of Mediation National Dispute Resolution Writing Competition for law students across the country.
It is always interesting to me as a thirty plus year civil trial mediator that each newest generation of lawyers find ways to incorporate our profession into an incredibly broad range of issues within society in general. Twenty-six entries were received from nine law schools relating mediation and ADR to such areas as Infrastructure Construction, Rabbinical Arbitration, Reproductive Justice, the Legal System of the Late Roman Republic, Mass Arbitration, Family Mediation, Organizational Ombuds and Mediator Misconduct. Several of the student’s articles are included in this year’s Journal.
But first is an in depth look at the concept of “Procedural Fairness” in mediation by College Fellow Lambert J. “Joe” Hassinger, Jr. His professionally written piece sets forth specific ways that we, as mediators, can enhance the negotiation experience of both the parties and their counsel by (this is my favorite concept in his article) the use of “humble curiosity.” Thank you to Joe for sharing your wisdom with all of us.
This year’s winning contest article is entitled Tables Turning: How Companies Should Respond to the “Mass Arbitration” Phenomenon and Abernathy v. DoorDash, Inc. by Isaac Keller from the University of Missouri School of Law. Isaac discusses the impact of the strategy of “mass arbitration” on mandatory pre-suit arbitration provisions with class waivers in consumer and employment contracts.
The second-place article is Mending Mediations in New York: Child-Inclusive Mediation as a Means of Finding the Child’s Voice in the Absence of the Child by Halle Jaffe from the Cardozo School of Law. Halle takes an in-depth look at one of the most difficult situations faced too often in family mediation.
In addition to the contest winners, we present several top articles for your intellectual enjoyment in this issue of the Journal ranging from the “Search for Peace in South Sudan” to “Airline Passenger Disputes” to “NIL in the NCAA” and one that was most intriguing to me discussing “Facilitative Mediation in First-Year Law School Pedagogy”.
Thanks as always to Julie Walbroel, Richard Lord, Charles Crumpton, Jay Sandak, Lawrence M. Watson, Joe Hassinger, Christina Magee and Joaquin “Jay” Fraxedas, my fellow judges from the American College of Civil Trial Mediators, who gave of their time and effort to read and rank all of the student’s entries. To the contest committee members Lawrence Watson, Lela P. Love and Josh Stulberg, my special gratitude for their hard work in bringing this year’s Journal to fruition.
My personal appreciation goes out to my fellow Editorial Board members, Lawrence M. Watson, Joaquin “Jay” Fraxedas, Allen Schreiber, Don Philbin, Richard Lord, Stephen Sawicki, and new Board member, Christina Magee and especially to Sarah Evans, our Journal Administrator who has the most difficult job, that of keeping me on track towards publication.
In prior years I have concluded with the words below from Volume 1 of this Journal and again see no reason not to continue that tradition.
“Our editorial philosophy will reflect the goal of professional service. Each issue of the American Journal of Mediation will feature carefully selected articles researched and written by members of the nation’s ADR academic community – scholarly articles dealing with important concepts of ADR one generally expects to see in publications of this nature. In each issue, however, we will also be publishing pragmatic and practical contributions from leading ADR practitioners – features having an immediate application to a dispute resolution professional practice. As opportunities arise, we will highlight and discuss the latest developments in ADR theory and practice; we will weigh in on where our profession is going and the challenges it meets along the way.”
We welcome your submissions that further this philosophy.
John W. Salmon
Editor in Chief
- Procedural Fairness A Cornerstone of Effective Dispute Resolution
By: Lambert J. “Joe” Hassinger, Jr.
Lambert J. “Joe” Hassinger, Jr. is a full-time mediator and the owner of maps Mediation & Arbitration. Based in New Orleans, maps offers a panel of over fifty exceptional Neutrals who mediate and arbitrate cases throughout the country. Joe also serves on the Board of Governors of the International Academy of Mediators (IAM) and is a Fellow of the American College of Civil Trial Mediators (ACCTM).
- Tables Turning: How Companies Should Respond to the “Mass Arbitration” Phenomenon and Abernathy v. DoorDash, Inc.
By: Isaac Keller
Isaac Keller is a third-year student at the University of Missouri School of Law. He currently serves as the Chair of the Board of Advocates and is actively pursuing an Alternative Dispute Resolution certification from the University of Missouri School of Law’s nationally recognized dispute resolution program. This past summer, Keller worked as a Summer Associate at Wyatt, Tarrant & Combs in the firm’s Louisville, Kentucky office. He plans to return next fall to begin his legal career as a litigation associate.
- Mending Mediations in New York: Child-Inclusive Mediation as a Means of Finding the Child’s Voice in the Absence of the Child
By: Halle Jaffe
Halle Jaffe is a graduate of Cornell University, where she studied English and Law & Society, and a current 3L student at Cardozo School of Law. Growing up in New York City, her day-to-day interactions with children of divorced families led her to become interested in Family Law – more specifically, advocating for childrens’ rights in divorce processes. Her paper, Mending Mediations in New York: Child-Inclusive Mediation as a Means of Finding the Child’s Voice in the Absense of the Child, explores the use of child-inclusive divorce mediation as a means of reducing the negative impacts of divorce litigation and parental mediation on children.
- Brothers at Arms: Salva Kiir, Riek Machar & the Search for a Lasting Peace in South Sudan
By: Patrick Babajanian
Patrick Babajanian is an Associate Attorney with the firm of Katchko, Vitiello & Karikomi, PC, located in Los Angeles, California. He graduated from the Pepperdine Rick J. Caruso School of Law in May 2023 with a Juris Doctorate and a Certificate in Dispute Resolution from the prestigious Straus Institute for Dispute Resolution. While at Pepperdine, Patrick also served as Editor in Chief of the Pepperdine Dispute Resolution Law Journal for the latter’s Volume XXIII. In the years leading up to law school, Patrick lived in the Washington, DC area, working in both the public and private sectors.
- Destination ADR: Charting a New Course for Airline Passenger Disputes
By: Cheng-chi (Kirin) Chang
Mr. Chang is a Law Research Assistant at Tsinghua University’s Institute for Studies on AI and Law and a third-year law student at the University of Florida Levin College of Law. He holds an LL.M. from the University of Arizona James E. Rogers College of Law and an LL.B. from National Chung Hsing University School of Law in Taiwan. Mr. Chang’s research has been featured in various academic publications, including the Richmond Journal of Law and Technology, Arizona Law Journal of Emerging Technologies, and several international law journals.
- NIL in the NCAA: Using A Special Master to Resolve Class Actions
By: Daniella Infantino
Daniella Infantino is a Hispanic woman from South Florida embarking on her final semester in the Juris Doctor program at the University of Florida Levin College of Law. She gained valuable experience working as a summer associate at Kelley Kronenberg, a prominent multi-practice litigation law firm in Fort Lauderdale, Florida. During her most recent semester at the Levin College of Law, she developed a strong interest in Alternative Dispute Resolution. Currently, she is balancing her studies as a 3L with a role as a business administrative assistant and preparing to take the Florida Bar, with a specific focus on employment law.
- Professor as Mediator: Using Facilitative Mediation to Improve First-Year Law School Pedagogy
By: Amy Mildebrath
Amy Mildebrath is a third-year law student at The Ohio State’s Moritz College of Law. Before coming to law school she received a Bachelor’s degree in English Education from Florida State University and taught high school English at public schools in North Carolina and Florida for five years. After law school, she plans to work in corporate litigation.
- Revolutionizing the System: Designing a Safe Order of Protection Mediation Program
By: Sabrina N. Saint-Marc
Sabrina Saint-Marc, a third-year law student at the University of Florida, is concurrently pursuing a Master of Science in Real Estate. Originating from Long Island, New York, her enthusiasm for mediation was piqued through her involvement in a mediation clinic, complementing her interests in real estate and corporate law. Outside of her academic commitments, she finds a refreshing balance in running. This blend of practical experience and focused education provides her with a well-rounded perspective on these fields.