Publications Committee (Dispute Resolution)

Co-edited by Edna Sussman, Laura A. Kaster and Sherman Kahn, this premier journal, the New York Dispute Resolution Lawyer, covers all aspects of dispute resolution processes. It includes a regular column on ADR ethics and thought provoking articles on practice developments, legislation and hot topics impacting neutrals, advocates, and parties to arbitration and mediation as well as the entire spectrum of ADR. It includes the white papers produced by the Section and reports on the Section’s Committee activities.

In the first five years, the publication has gained wide recognition as a comprehensive and incisive source of information about ADR. It covers both domestic and international issues including commercial and investor state issues. The articles have been diverse and all encompassing. The publication reported on relevant new rules, guidelines and directives issued by the New York Courts, ICDR, CPR, UNCITRAL, ICC, FINRA, the EU Commission, CCA, CIArb, and others. The Journal has addressed and will continue to investigate the impact of neuroscience on ADR. Analyses of important recent decisions in the field were addressed in thoughtful articles and case notes. Discussion of model acts on arbitration, mediation and collaborative law set the stage for consideration for their adoption in New York. Updates on Congressional developments were provided. The publication regularly offered a review and analysis of relevant Supreme Court decisions and kept our readers up to date as these Supreme Court decisions were construed by the courts.

The New York Dispute Resolution Lawyer has to date also published two theme issues. The first theme issue published in the Spring of 2009 offered fifteen perspectives on combinations of arbitration and mediation (arb-med and med-arb) from around the world. Since practice and traditions vary significantly from country to country, the articles included commentary from every continent and culture to afford a comprehensive overview. The second theme issue, published in the Fall of 2010, offered discussions of the many and varied ADR tools in what Folberg, Golann, Stipanowich and Kloppenberg coined as the “Dispute Resolution Spectrum.” The publication covered deal mediation, dispute boards, direct discussions between the parties, with the use of settlement counsel and collaborative law, assisted negotiation including many forms of mediation, early neutral evaluation, mini-trial, arbitration, and victim offender dialog.

Law student editors contribute notes on recent cases enriching the publication and fostering interest and engagement in ADR in our all important younger lawyer population.

We can’t do it without you. The Publication Committee relies on guest authors to contribute articles and is always looking for article proposals and for creative new ideas for publication themes to cover. If you have written an article or would like to write one for consideration for publication in the New York Dispute Resolution Lawyer, please e-mail a proposal to LKASTER@AppropriateDisputeSolutions.com. Articles and proposals should be submitted in electronic document format (pdfs are not acceptable) and include contact and biographical information.