Elayne E. Greenberg

St. John's University School of Law

Director of the Hugh L. Carey Center for Dispute Resolution

8000 Utopia Parkway

Queens, NY 11439

United States

http://www.stjohns.edu/academics/graduate/law/academics/centers/careycenter

  • St. John's University School of Law

SCHOLARLY PAPERS

46

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Scholarly Papers (46)

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1.

'Whimsy Little Contracts' with Unexpected Consequences: An Empirical Analysis of Consumer Understanding of Arbitration Agreements

75 Maryland Law Review 1 (2015), St. John's Legal Studies Research Paper No. 14-0009
Number of pages: 134 Posted: 01 Nov 2014 Last Revised: 12 Jan 2016
Jeff Sovern, Elayne E. Greenberg, Paul F. Kirgis and Yuxiang Liu
St. John's University - School of Law, St. John's University School of Law, St. John's University School of Law and St. John's University
Downloads 694 (45,844)
Citation 15

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2.

What Dinosaurs Can Teach Lawyers About How to Avoid Extinction in the ODR Evolution

St. John's Legal Studies Research Paper No. 19-0004
Number of pages: 59 Posted: 17 Jan 2019
Elayne E. Greenberg and Noam Ebner
St. John's University School of Law and Creighton University Graduate School - Department of Interdisciplinary Studies
Downloads 345 (107,485)
Citation 1

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Artificial Intelligence, ODR, Online Dispute Resolution, Justice, Courts, Legal Education, Lawyers

3.

Strengthening Online Dispute Resolution Justice

Washington University Journal of Law and Policy, Vol. 63, 65-117.
Number of pages: 55 Posted: 08 Aug 2019 Last Revised: 26 Aug 2020
Noam Ebner and Elayne E. Greenberg
Creighton University Graduate School - Department of Interdisciplinary Studies and St. John's University School of Law
Downloads 188 (197,200)
Citation 1

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Justice, Online dispute resolution, Lawyers, Court, Legal profession, Dispute resolution, Dispute system design, Court-annexed, Innovation

4.

When the Price of Settlement is Ethically Prohibitive: Non-Disparagement Clauses that Apply to Lawyers

NYSBA New York Dispute Resolution Lawyer, Fall 2014, Vol. 7, No.2, St. John's Legal Studies Research Paper No. 15-0029
Number of pages: 4 Posted: 01 Aug 2015 Last Revised: 20 Aug 2015
Elayne E. Greenberg
St. John's University School of Law
Downloads 144 (247,182)

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5.

Unshackling Plea Bargaining from Racial Bias

Journal of Criminal Law and Criminology Volume III, Issue 1, St. John's Legal Studies Research Paper 20-0011
Number of pages: 53 Posted: 24 Jun 2020 Last Revised: 05 May 2021
Elayne E. Greenberg
St. John's University School of Law
Downloads 124 (277,257)

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plea bargaining, police, negotiation, racial discrimination, prosecutor, defense attorney, African American defendants, lynching, justice, crime, criminal justice reform, implicit discrimination, explicit discrimination, anti-racist, racist, lynching, slavery

6.

Starting Here, Starting Now: Using the Lawyer as Impasse-Breaker During the Pre-Mediation Phase

St. John's Legal Studies Research Paper No. 1916919
Number of pages: 11 Posted: 26 Aug 2011
Elayne E. Greenberg
St. John's University School of Law
Downloads 104 (313,707)

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7.

Designing Binge-Worthy Courses: Pandemic Pleasures and COVID-19 Consequences

Negotiation Journal 36(4), 535-560 (2020)
Number of pages: 37 Posted: 08 Dec 2020
Noam Ebner and Elayne E. Greenberg
Creighton University Graduate School - Department of Interdisciplinary Studies and St. John's University School of Law
Downloads 102 (317,863)
Citation 1

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negotiation, conflict, mediation, ADR, alternative dispute resolution, pedagogy, pandemic, COVID-19, videoconference, Zoom, binge-watching, Netflix, streaming, fatigue, Zoom fatigue

8.

The Defining Ingredient: Transformative Mediation Ideology in Parenting Coordination Practice

TRANSFORMATIVE MEDIATION: A SOURCEBOOK - RESOURCES FOR CONFLICT INTERVENTION PRACTITIONERS AND PROGRAMS, p. 271, Joseph P. Folger, Robert A. Baruch Bush, and Dorothy J. Della Noce, eds., Institute for the Study of Conflict Transformation, 2010, St. John's Legal Studies Research Paper No. 11-007
Number of pages: 19 Posted: 20 Jun 2011 Last Revised: 12 Aug 2011
Elayne E. Greenberg
St. John's University School of Law
Downloads 100 (322,048)

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9.

Fitting the Forum to the Pernicious Fuss: A Dispute Resolution Design to Address Implicit Bias and 'Isms in the Workplace

St. John's Legal Studies Research Paper No. 15-0023
Number of pages: 48 Posted: 29 Jul 2015
Elayne E. Greenberg
St. John's University School of Law
Downloads 98 (326,231)
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10.

Where Have All the Lawyers Gone? The Empty Chair at the ODR Justice Table

International Journal of Online Dispute Resolution 6(2),154.
Number of pages: 10 Posted: 13 Dec 2019 Last Revised: 29 Feb 2020
Noam Ebner and Elayne E. Greenberg
Creighton University Graduate School - Department of Interdisciplinary Studies and St. John's University School of Law
Downloads 64 (417,706)

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ODR, online dispute resolution, courts, court, lawyer, lawyers, attorney, bar, ADR

11.

How Much Justice Can You Afford

Alternatives to the High Cost of Litigation, 2020, St. John's Legal Studies Research Paper No. 20-0010
Number of pages: 12 Posted: 03 Sep 2020 Last Revised: 29 Oct 2020
Elayne E. Greenberg and Noam Ebner
St. John's University School of Law and Creighton University Graduate School - Department of Interdisciplinary Studies
Downloads 63 (421,161)

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Access to Justice, Economics of Law, Online Dispute Resolution, ODR, Courts, Litigants, Lawyers, the Legal Profession

12.

Hey, Big Spender: Ethical Guidelines for Dispute Resolution Professionals when Parties are Backed by Third-Party Funders

Published in Arizona State Law Journal Spring 2019, St. John's Legal Studies Research Paper No. 19-0002
Number of pages: 33 Posted: 15 Jan 2019 Last Revised: 13 May 2019
Elayne E. Greenberg
St. John's University School of Law
Downloads 60 (431,434)

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13.

Acts Like a Lawyer, Talks Like a Lawyer...Non-Lawyer Advocates Representing Parties in Dispute Resolution

NYSBA New York Dispute Resolution Lawyer | Spring 2018 | Vol. 11 | No. 1, St. John's Legal Studies Research Paper No. 18-0011
Number of pages: 4 Posted: 21 May 2018
Elayne E. Greenberg
St. John's University School of Law
Downloads 58 (438,595)
Citation 1

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ethics, non lawyers, unauthorized practice of law, access to justice

14.

Beyond the Polemics: Realistic Options to Help Divorcing Families Manage Domestic Violence

St. John’s Journal of Legal Commentary, Vol. 24, No. 3, p. 603, 2010, St. John's Legal Studies Research Paper No. 11-006
Number of pages: 22 Posted: 18 Jun 2011 Last Revised: 12 Aug 2011
Elayne E. Greenberg
St. John's University School of Law
Downloads 58 (438,595)

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15.

The Power of Empathy

NYSBA New York Dispute Resolution Lawyer, Vol. 9, No. 3, Fall 2016, St. John's Legal Studies Research Paper No. 17-0006
Number of pages: 5 Posted: 21 Jun 2017
Elayne E. Greenberg
St. John's University School of Law
Downloads 55 (449,590)
Citation 1

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16.

When 'Yes' May Actually Mean 'No': Rethinking Informed Consent to ADR Processes

NYSBA New York Dispute Resolution Lawyer, Spring 2015, Vol. 8, No. 1 , St. John's Legal Studies Research Paper No. 15-0020
Number of pages: 5 Posted: 28 Jul 2015 Last Revised: 04 Sep 2015
Elayne E. Greenberg
St. John's University School of Law
Downloads 53 (457,038)

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17.

We Can Work it Out: Entertaining a Dispute Resolution System Design for Bankruptcy Court

ABI Law Review, Vol. 17, p. 545, 2009, St. John's Legal Studies Research Paper No. 11-008
Number of pages: 7 Posted: 24 Jun 2011 Last Revised: 02 Mar 2013
Elayne E. Greenberg
St. John's University School of Law
Downloads 52 (460,808)

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18.

Bridging Our Justice Gap with Empathic Processes That Change Hearts, Expand Minds about Implicit Discrimination

Ohio State Journal on Dispute Resolution, Vol. 32, No. 3, 2017, St. John's Legal Studies Research Paper No. 17-0011
Number of pages: 45 Posted: 13 Aug 2017
Elayne E. Greenberg
St. John's University School of Law
Downloads 47 (481,045)
Citation 1

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19.

What They Really Want … Bringing Objective Evaluation into Mediation

St. John's Legal Studies Research Paper No. 17-0008
Number of pages: 8 Posted: 21 Jun 2017
Elayne E. Greenberg
St. John's University School of Law
Downloads 44 (493,990)

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20.

When the Empty ADR Chair Is Occupied by a Litigation Funder

NYSBA New York Dispute Resolution Lawyer, Vol. 10, No. 17, Spring 2017 , St. John's Legal Studies Research Paper No. 17-0007
Number of pages: 5 Posted: 21 Jun 2017
Elayne E. Greenberg
St. John's University School of Law
Downloads 42 (502,883)

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21.

Dispute Resolution Lessons Gleaned from the Arrest of Professor Gates and ‘The Beer Summit’

St. John's Journal of Civil Rights and Economic Development, Vol. 25, No. 1, Fall 2010, St. John's Legal Studies Research Paper No. 11-005
Number of pages: 16 Posted: 19 Jun 2011 Last Revised: 12 Aug 2011
Elayne E. Greenberg
St. John's University School of Law
Downloads 42 (502,883)
Citation 1

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22.

Ethics Meets the 'O' in DR

NYSBA New York Dispute Resolution Lawyer Fall 2018 Vol. 11 No. 2, St. John's Legal Studies Research Paper No. 19-0003
Number of pages: 4 Posted: 15 Jan 2019
Elayne E. Greenberg
St. John's University School of Law
Downloads 38 (521,643)

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23.

…Because 'Yes' Actually Means 'No': A Personalized Prescriptive to Reactualize Informed Consent in Dispute Resolution

Marquette Law Review, Forthcoming, St. John's Legal Studies Research Paper No. 17-0003
Number of pages: 37 Posted: 10 Apr 2017 Last Revised: 02 Mar 2019
Elayne E. Greenberg
St. John's University School of Law
Downloads 37 (526,470)
Citation 2

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health care, literacy, self-determination, ethics, justice, dispute resolution, informed consent

24.

The Changed BATNA

NYSBA New York Dispute Resolution Lawyer, Spring 2019, Vol. 12, No. 1 , St. John's Legal Studies Research Paper No. 19-0016
Number of pages: 4 Posted: 21 May 2019
Elayne E. Greenberg
St. John's University School of Law
Downloads 36 (531,498)

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ethics, BATNA, best alternative to a negotiated agreement, negotiation, adjudication

25.

When Worldviews Collide—Strategic Advocacy V. A Mediator's Ethical Obligations

NYSBA New York Dispute Resolution Lawyer | Fall 2017 | Vol. 10 | No. 2, St. John's Legal Studies Research Paper No. 18-0010
Number of pages: 5 Posted: 21 May 2018
Elayne E. Greenberg
St. John's University School of Law
Downloads 36 (531,498)

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advocacy, ethics, litigation, mediation, strategy

26.

What Sally Soprano Teaches Lawyers About Hitting the Right Ethical Note in ADR Advocacy

NYSBA New York Dispute Resolution Lawyer, Fall 2013, Vol. 6, No. 2, St. John's Legal Studies Research Paper No. 15-0022
Number of pages: 4 Posted: 30 Jun 2016 Last Revised: 22 Jul 2016
Elayne E. Greenberg
St. John's University School of Law
Downloads 36 (531,498)

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dispute resolution, conflict, ethical lawyers

27.

The Ethical Compass: Two for the Price of One is a Costly Choice: The Ethical Issues for Lawyer-Mediators Who Consider Drafting Agreements

St. John's Legal Studies Research Paper No. 15-0018
Number of pages: 5 Posted: 24 Jul 2015
Elayne E. Greenberg
St. John's University School of Law
Downloads 35 (536,595)

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28.

...Because It's Not Just About Money

NYSBA New York Dispute Resolution Lawyer, Spring 2016, Vol. 9, No. 2, St. John's Legal Studies Research Paper No. 16-0017
Number of pages: 3 Posted: 30 Jun 2016
Elayne E. Greenberg
St. John's University School of Law
Downloads 33 (547,157)

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29.

Overcoming Our Global Disability in the Workforce: Mediating the Dream

St. John's Legal Studies Research Paper No. 13-0009
Number of pages: 25 Posted: 19 Jul 2013
Elayne E. Greenberg
St. John's University School of Law
Downloads 29 (569,345)
Citation 1

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30.

Confidentiality: The Illusion and the Reality -- Affirmative Steps for Lawyers and Mediators to Help Safeguard Their Mediation Communications

NYSBA New York Dispute Resolution Lawyer, Spring 2013, Vol. 6, No. 1, St. John's Legal Studies Research Paper No. 15-0024
Number of pages: 4 Posted: 30 Jun 2016
Elayne E. Greenberg
St. John's University School of Law
Downloads 22 (614,404)

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mediators, mediation

31.

Adding Value to Conversations about Criminal Reform

ABA Dispute Resolution Magazine, 2020, St. John's Legal Studies Research Paper No. 20-0008
Number of pages: 6 Posted: 03 Sep 2020 Last Revised: 15 Sep 2020
Elayne E. Greenberg
St. John's University School of Law
Downloads 21 (621,083)

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justice, dispute system design, criminal reform, race, innocent defendants plead guilty, task force, difficult conversations, lawyers

32.

The Smith Case: Is the Glass Half Full?

NYSBA New York Dispute Resolution Lawyer, Fall 2015, Vol. 8, No. 2, St. John's Legal Studies Research Paper No. 16-0016
Number of pages: 4 Posted: 30 Jun 2016
Elayne E. Greenberg
St. John's University School of Law
Downloads 21 (621,083)

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33.

Realizing the Gap between Rationality and Information

Washington and Lee Law Review, Vol. 74, No. 1, 2017, St. John's Legal Studies Research Paper No. 17-0010
Number of pages: 18 Posted: 14 Aug 2017
Elayne E. Greenberg
St. John's University School of Law
Downloads 18 (642,167)

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34.

The Globalized Practice of Law: Part Two - It's a Small World after All: Cultural Competence with Your International Brethren

NYSBA New York Dispute Resolution Lawyer, Fall 2011, Vol. 4, No. 3, St. John's Legal Studies Research Paper No. 15-0028
Number of pages: 4 Posted: 30 Jun 2016
Elayne E. Greenberg
St. John's University School of Law
Downloads 18 (642,167)

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practicing common law system

35.

The Cheater's 'High' - Harmonize Ethics, Research and Negation Behavior

NYSBA New York Dispute Resolution Lawyer, Spring 2014, Vol. 7, No. 1 , St. John's Legal Studies Research Paper No. 15-0021
Number of pages: 4 Posted: 28 Jul 2015
Elayne E. Greenberg
St. John's University School of Law
Downloads 18 (642,167)

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36.

The Ethical Compass Truth and Consequences: What Should a Mediator Ethically Disclose About Her Mediation Style? How Might a Mediator's Style Compromise a Mediator's Neutrality?

New York Dispute Resolution Lawyer, Spring 2009, Vol. 2, No. 1, St. John's Legal Studies Research Paper No. 15-0019
Number of pages: 5 Posted: 30 Jun 2016
Elayne E. Greenberg
St. John's University School of Law
Downloads 17 (649,197)

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Mediation; mediator disclosure

37.

How Much Justice Can You Afford?

St. John's Legal Studies Research Paper No. 20-0016
Number of pages: 6 Posted: 11 Jun 2021
Elayne E. Greenberg and Noam Ebner
St. John's University School of Law and Creighton University Graduate School - Department of Interdisciplinary Studies
Downloads 14 (671,086)

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38.

Show Me the Money: Part Two Monetizing the 'Value Added' of Attorneys Who Serve as Mediators and Arbitrators

NYSBA New York Dispute Resolution Lawyer, Fall 2012, Vol. 5, No. 2, St. John's Legal Studies Research Paper No. 15-0025
Number of pages: 6 Posted: 30 Jun 2016
Elayne E. Greenberg
St. John's University School of Law
Downloads 14 (671,086)

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mediators , arbitrators, dispute resolution

39.

Ethical Compass: Up Close and Personal: Whether or Not You Decide to Report a Confidentiality Exception

NYSBA New York Dispute Resolution Lawyer, Fall 2019, St. John's Legal Studies Research Paper No. 20-0009
Number of pages: 4 Posted: 03 Sep 2020 Last Revised: 15 Sep 2020
Elayne E. Greenberg
St. John's University School of Law
Downloads 13 (678,652)

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ethics, confidentiality, exceptions to confidentiality, lawyer reporting, mediator

40.

Ethical Compass: Celebration

Downloads 13 (678,652)

Ethical Compass: Celebration

St. John's Legal Studies Research Paper No. 20-0007
Number of pages: 4 Posted: 13 Jun 2020 Last Revised: 03 Sep 2020
Elayne E. Greenberg
St. John's University School of Law
Downloads 13 (704,394)

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Ethical Compass: Celebration

NYSBA New York Dispute Resolution Lawyer, 2020
Posted: 02 Jul 2020
Elayne E. Greenberg
St. John's University School of Law

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41.

Moving Your Mojo Online

St. John's Legal Studies Research Paper No. 20-0013, NYSBA New York Dispute Resolution Lawyer, Summer 2020, Vol. 13, No. 2
Number of pages: 4 Posted: 04 Sep 2020
Elayne E. Greenberg
St. John's University School of Law
Downloads 12 (686,336)

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virtual mediation, mediator, pandemic, dispute resolution, virtual communication, zoom, personal/professional boundaries, ethics

42.

It's a Small World after All: Cultural Competence for Advocates in Dispute Resolution Processess

NYSBA New York Dispute Resolution Lawyer, Spring 2011, Vol. 4, No. 1, St. John's Legal Studies Research Paper No. 15-0027
Number of pages: 4 Posted: 30 Jun 2016
Elayne E. Greenberg
St. John's University School of Law
Downloads 12 (686,336)

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dispute resolution

43.

Please Ask, Please Tell: Disclosing Third-Party Funding in Mediation

St. John's Legal Studies Research Paper No. 21-0015, Arizona State Law Journal, Vol. 51, No. 1
Number of pages: 13 Posted: 11 Jun 2021
Elayne E. Greenberg
St. John's University School of Law
Downloads 10 (701,748)

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third party funding, dispute funding, mediation, ethics, transparency, dispute resolution process, conflicts, disclosure, dispute financing

44.

Show Me the Money: Part One

NYSBA New York Dispute Resolution Lawyer, Spring 2012, Vol. 5, No. 1, St. John's Legal Studies Research Paper No. 15-0026
Number of pages: 4 Posted: 30 Jun 2016
Elayne E. Greenberg
St. John's University School of Law
Downloads 10 (701,748)

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billing paradigms

45.

July 4, 2020: How Will We Celebrate?

JURIST – Academic Commentary, July 4, 2020, St. John's Legal Studies Research Paper No. 20-0017
Number of pages: 10 Posted: 19 Jun 2021
Elayne E. Greenberg and Cheryl Lyn Wade
St. John's University School of Law and St. John's University - School of Law
Downloads 7 (725,075)

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July 4, systemic racism, enslaved, Black Americans, truthful narrative, George Floyd, Covid-19, lynching, slavery, discrimination

46.

Ethical Compass: Three Different Judicial Treatments for Settlement Fever

St. John's Legal Studies Research Paper No. 21-0014, NYSBA New York Dispute Resolution Lawyer, 2021
Number of pages: 5 Posted: 11 Jun 2021
Elayne E. Greenberg
St. John's University School of Law
Downloads 6 (732,946)

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settlement, mediation, arbitration, judicial oversight, negotiation class, bankruptcy, opiod multi-district litigation, ethics, attorney/client relationship, pre-dispute arbitration agreement