Journal Archives

Volume 7 – 2013-2014

The American Journal of Mediation was conceived as an opportunity for the fellows of the College to write and invite colleagues to contribute their articles to the publication. As we have grown in that endeavor, we have come to recognize the importance of our encouragement for participation by, and submissions from, law students focused on mediation studies.

In asking students to write about relevant issues in ADR, many law professors have also allowed them to cast away conventional restrictions and select topics that they felt passionately about to put in the dispute resolution context. This often results in creative themes for our readers.
In this 7th Issue of the Journal, the College and the editors recognize with appreciation the contributions made by the students of Professor Mel Rubin at the University of Miami Law School for six excellent pieces exploring fanciful applications of mediation processes to current and historical conflicts. In the following pages Professor Rubin’s students explore historical conflicts like the friction between King Henry VIII and Pope Clement, a better outcome of the Treaty of Versailles, and how Ben Franklin would have fared as a mediator, as well as more current themes dealing with NFL concussions, Olympic doping control, and disaster victim relief. We also want to recognize and thank Professor Jim Alfini of South Texas School of Law for sponsoring a student submission dealing with an exploration of mediation techniques in the armed forces. Rounding out this issue of the Journal, we welcome Courtney Chicvak of St. John’s University School of Law and her intriguing discussion of the mediator’s need for emotional intelligence.
The Editorial Board of the Journal welcomes these submissions and the wide variety of applications for alternative dispute resolution and the mediation process they reflect. It is our hope that the Journal will thus provide new and creative thought as an interesting alternative to more traditional articles and reviews.
Lawrence M. Watson Jr., Emeritus
For the Editorial Board
COURTNEY CHICVAK, Law Student
St. John’s University School of LawCourtney Chicvak received her B.S. from the School of Industrial and Labor Relations at Cornell University in 2011 and her J.D. from St. John’s University School of Law in 2014.  She has been accepted to the Columbia University graduate program in Conflict Resolution and Negotiation for the fall of 2014.  She would like to thank Professor David L. Gregory, Professor Robert E. Parella, and most of all, her family for their continuing support.

 Mediation in the United States Armed Forces 

CLINT DALLAS WOOD, Law Student
South Texas College of Law
Emeritus Fellow Sponsor:  Prof. James Alfini

Clint Wood is an alumnus of South Texas College of Law.  Clint is currently working with a start-up company in a management and advisory role.  He and his wife live with their two children near Salt Lake City, UT.

Distinguished Fellow Sponsor:  Melvin A. Rubin

John Criste, originally from Santa Clarita, California, is a rising 3L at the University of Miami School of Law. He earned his Bachelor of Arts in Political Science from Stanford University, where he was also a member of the men’s varsity swim team. In 2011, John dedicated his time to training for the 2012 Olympics. Although unsuccessful, he ranked 5th in the United States and 22nd in the world in 2012. This is his first publication.

 NFL Concussion Protocol System Redesign

BENJAMIN PALLONE, 2014 Graduate
University of Miami School of Law
Distinguished Fellow Sponsor:  Melvin A. Rubin

Ben Pallone is a recent graduate of the University of Miami School of Law. Prior to attending law school, he received a bachelor’s in finance from the University of Central Florida. This paper gave Ben the opportunity to explore ADR concepts within the realm of professional sports, and has piqued his interest in exploring the application of these concepts in the future.

 Disasters, Victim Compensation, and Alternative Dispute Resolution

ELIOT RUDES, 2014 Graduate
University of Miami School of Law
Distinguished Fellow Sponsor:  Melvin A. Rubin

Eliot Rudes graduated from the University of Miami School of Law in May 2014. Eliot earned his Bachelor’s degree in Criminology from the University of Miami, and his Master’s degree in Criminal Justice from Florida International University. This paper was written for the ADR course he attended at the Law School. This is his first work published in a journal.

 How Close We Were – The Mediation That Could Have Prevented WW II

MEGAN PEARL, 2014 Graduate
University of Miami School of Law
Distinguished Fellow Sponsor:  Melvin A. Rubin

Megan Pearl recently graduated cum laude from the University of Miami School of Law. Megan also attended the University of Miami as an undergraduate, majoring in history and psychology.

 Mediation Between King Henry VIII of England and Pope Clement VII for a Divorce from Catherine of Aragon

BAILEY ACEVEDO, 2014 Graduate
University of Miami School of Law
Distinguished Fellow Sponsor:  Melvin A. Rubin

Bailey Acevedo earned her Juris Doctor from the University of Miami School of Law in May of 2014. Bailey earned her bachelor’s degree from Boston University with a major in Latin American Studies and minors in Spanish and visual arts. Bailey would like to thank Professor Melvin Rubin for his guidance in writing this article.

  Why Ben Franklin was the Worst Mediator of All Time

BRIDGET SCHULTZ, 2014 Graduate
University of Miami School of Law
Distinguished Fellow Sponsor:  Melvin A. Rubin

Bridget Schultz was born and raised in Albany, New York. She graduated with a degree in public relations and a minor in history from Syracuse University’s S.I. Newhouse School of Public Communications. After her undergraduate studies, Bridget worked for the New York State legislature before attending law school at the University of Miami School of Law. Bridget was an active member of the Charles C. Papy Moot Court Board, the University of Miami International and Comparative Law Review, the Student Bar Association, and other various student organization groups. She graduated cum laude in May 2014.