AMERICAN JOURNAL OF MEDIATION – Vol. 17 (2024)
Editorial Board Introduction
Welcome to Volume 17 of the American Journal of Mediation which has been continuously published by the American College of Civil Trial Mediators since 2007. Again, for this issue of the Journal the College has sponsored its American Journal of Mediation National Dispute Resolution Writing Competition for law students across the country. First and second place winners of the competition receive significant monetary prizes from the College.
As in previous years, the breadth of topics discussed by this generation of law students as related to mediation, arbitration, and alternative dispute resolution in general never ceases to amaze me. For this issue of the Journal, student topics addressed the use of Artificial Intelligence in employment decisions associated with mandatory arbitration, the role of ADR in election disputes and the appropriateness of mediation in landlord and tenant matters. Four student articles are included in this edition of the Journal.
For those of us whose primary practice encompasses all aspects of ADR, but especially mediation, we know intuitively that our efforts to resolve cases of all types are a valuable and significant contribution to the legal profession. Simply put, we know it works. What we rarely know is whether the data supports our intuition. Thanks to authors Paul F. Kirgis and Brock Flynn’s excellent article entitled The Efficacy of Mandatory Mediation in Courts of Limited Jurisdiction: A Case Study from the Missoula Justice Court we now have a detailed analysis of how mediation is working in one jurisdiction that has adopted a mandatory mediation program to alleviate docket congestion and promote settlement. Many thanks to Paul and Brock for their extensive time and effort in providing this valuable information for our profession.
This year’s winning contest article is entitled Trapped in a Marriage in New York: Getting the Get with Alternative Dispute Resolution by Danielle Haziza from the Benjamin N. Cardozo School of Law. Danielle discusses potential ADR solutions to the challenges presented to Jewish women in obtaining a religious divorce, a “Get,” separate and distinct from a civil divorce.
The second-place entry is Things That Are USDA Certified: Black Angus and Agricultural Mediation by Adam Joe Walker of the University of Missouri School of Law. Adam presents a detailed analysis of how the most recent agricultural crisis has resulted in an increased number of disputes in that industry driving a rise in agricultural mediation.
We present two additional articles for your reading pleasure discussing how to “Refine the Mediation System in China” and explaining “Blockchain Technology: The New Frontier of Dispute Resolution.
Thanks as always to Charles Crumpton, Lawrence M. Watson, Jr. and Christina Magee, 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 M. Watson, Jr., Lela P. Love and Joseph Stulberg, my special gratitude for their hard work in bringing this year’s Journal to fruition.
My everlasting appreciation goes out to my fellow Editorial Board members, Editor Emeritus Lawrence M. Watson, Jr., Joaquin “Jay” Fraxedas, Allen Schreiber, Donald R. Philbin, Jr., Richard B. Lord, Christina Magee and Stephen Sawicki, Executive Director of the College. The most thanks go to Sarah Evans, our Journal and Contest Administrator, who has the most difficult job, that of keeping me on track towards publication.
I have concluded each of my previous Editor’s comments on behalf of the Editorial Board with the quote 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
Brock Flynn
Assistant Public Defender, Montana Office of State Public Defender
Volunteer Mediator and Board Secretary, Community Dispute Resolution Center of Missoula County
Brock Flynn is an attorney with the Montana Office of State Public Defender, representing indigent clients in both criminal and civil matters. Mr. Flynn is a practicing mediator, focusing on small claims matters in Missoula County Justice Court. In addition, Mr. Flynn handles a limited number of probate and estate cases pro bono.
Paul F. Kirgis
Helen & David Mason Professor -Alexander Blewett III School of Law – University of Montana
Paul Kirgis is the Helen & David Mason Professor of Law at the Alexander Blewett III School of Law at the University of Montana, where he leads the Alternative Dispute Resolution program. A practicing mediator and former Chair of the AALS Dispute Resolution Section, Professor Kirgis has published widely on dispute resolution both within and outside of the traditional civil litigation paradigm.
Danielle Haziza, LLM Class of 2024
Benjamin N. Cardozo School of Law
2024-25 First Place Award, American Journal of Mediation National Dispute Resolution Student Writing Competition
Danielle Haziza recently graduated with a Master of Laws in Dispute Resolution and Advocacy from Cardozo School of Law. During her studies at Cardozo, she delved into the intricacies of Alternative Dispute Resolution (ADR) processes, broadening her understanding of the field. Danielle completed her Bachelor of Laws and Bachelor of Business Administration in Israel, where matrimonial matters are governed by religious law. The opportunity to combine her knowledge of Jewish matrimonial law with her expertise in ADR was particularly engaging while working on her submission to this writing competition.
Adam J. Walker, JD Class of 2024
University of Missouri School of Law
2024-25 Second Place Award, American Journal of Mediation National Dispute Resolution Student Writing Competition
Adam Walker has a B.A. in Classical Studies from Truman State University, Class of 2021 and is a J.D. Candidate at the University of Missouri-Columbia School of Law, Class of 2024. At the University of Missouri-Columbia School of Law Adam also serves as Lead Articles Editor, Journal of Dispute Resolution, 2023-2024. He states, “I am grateful to Professor Paul Ladehoff for his insight and guidance during the writing of this paper. Note, my family for their continual support, and the farmers of America.”
Elizabeth Gass, JD Class of 2024
Fordham University School of Law
Elizabeth Gass, with a strong background in financial law, dispute resolution, and compliance, works as an associate counsel at Inclusiv, a non-profit whose mission is to help low- and moderate-income people and communities achieve financial independence through credit unions. Previously, Gass worked at Ropes and Gray, the U.S. District Court for the Southern District of New York and in the private financial sector. During law school she was a research assistant working on cryptocurrency and served as a law student mediator for the New York Supreme Court. In her experience, she saw a gap between technology and ADR and hopes to bridge that gap through publication. Gass holds a B.S. in Biology from Dickinson College and a J.D. from Fordham University School of Law.
Huiyun Xia, LLM Class of 2024
Pepperdine Caruso School of Law
Huiyun graduated from Pepperdine University, where she studied law and gained experience in dispute resolution, with a strong focus on the intersection of law and social justice. She previously worked as a paralegal and developed exceptional communication skills through mediation and conflict resolution training. Passionate about equitable solutions, Huiyun is dedicated to exploring innovative approaches to legal challenges that promote fairness and understanding. She is currently focused on advocating for marginalized groups and fostering inclusive practices within the legal system.
