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

55

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“  Implicit bias when dispute resolution processes take place via video conferencing  ”

  • St. John's University School of Law

Scholarly Papers (55)

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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
University of Maryland Francis King Carey School of Law, St. John's University School of Law, St. John's University School of Law and St. John's University
Downloads 885 (53,293)
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 Heider College of Business
Downloads 505 (109,718)
Citation 4

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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 Heider College of Business and St. John's University School of Law
Downloads 274 (216,546)
Citation 1

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

4.

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 225 (262,582)

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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

5.

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 198 (295,572)

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6.

High Anxiety: Racism, the Law, and Legal Education

St. John's Legal Studies Research Paper No. 22-0009
Number of pages: 58 Posted: 11 Aug 2022 Last Revised: 25 Apr 2023
Elayne E. Greenberg
St. John's University School of Law
Downloads 186 (312,762)

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Racism, law, legal education, racial stress(ors), cancelling, dispute system design, mediation, practice competent, anti- racism, systemic racism, micro aggressions, anxiety

7.

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 180 (322,143)

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8.

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

Negotiation Journal 36(4), 535-560 (2020), St. John's Legal Studies Research Paper No. 20-0021
Number of pages: 37 Posted: 08 Dec 2020 Last Revised: 11 Feb 2024
Noam Ebner and Elayne E. Greenberg
Creighton University Heider College of Business and St. John's University School of Law
Downloads 173 (333,722)
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

9.

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 162 (353,126)

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

10.

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 148 (380,555)
Citation 1

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11.

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

St. John's Legal Studies Research Paper No. 21-0015
Number of pages: 13 Posted: 11 Jun 2021
Elayne E. Greenberg
St. John's University School of Law
Downloads 136 (406,809)

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

12.

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 136 (406,809)
Citation 1

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13.

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 Heider College of Business
Downloads 134 (411,627)

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

14.

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 127 (428,970)

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15.

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 Heider College of Business and St. John's University School of Law
Downloads 113 (468,596)

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

16.

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 106 (490,759)
Citation 1

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17.

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 105 (494,205)
Citation 1

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18.

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 102 (504,408)
Citation 1

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

19.

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 84 (570,841)

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20.

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 Heider College of Business
Downloads 82 (579,003)

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21.

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 78 (595,998)

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22.

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 77 (600,268)

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23.

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 72 (623,000)

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24.

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 72 (623,000)

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25.

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 69 (637,247)

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26.

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 68 (642,163)

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27.

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 67 (647,092)
Citation 1

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28.

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 66 (652,073)

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29.

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 65 (657,062)

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dispute resolution

30.

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 64 (662,199)

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dispute resolution, conflict, ethical lawyers

31.

…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 60 (683,202)
Citation 2

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

32.

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 57 (699,442)

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billing paradigms

33.

When Public Defenders and Prosecutors Plea Bargain Race - A More Truthful Narrative

St. John's Legal Studies Research Paper No. 22-0001, 2021, Ohio North University Law Review, Vol. 47, 2021
Number of pages: 24 Posted: 10 Jan 2022
Elayne E. Greenberg
St. John's University School of Law
Downloads 56 (705,143)

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Stereotypes, criminal justice, reform, plea bargaining, race, public defenders, prosecutors, retributive, restorative, racialized justice, race, racially disparate outcomes, implicit bias, progressive prosecutor

34.

Blinding Justice and Video Conferencing?

St. John's Legal Studies Research Paper No. 23-0002
Number of pages: 32 Posted: 31 Jan 2023 Last Revised: 13 Apr 2023
Elayne E. Greenberg
St. John's University School of Law
Downloads 54 (716,837)

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"blinding justice" "video conferencing" racism "racial justice inequities" "racial justice equity" "dispute system design" "access to justice" connectivity Covid-19 "digital divide" "implicit racial biases" de-biasing

35.

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 54 (716,837)

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advocacy, ethics, litigation, mediation, strategy

36.

...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 52 (728,901)

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37.

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 52 (728,901)
Citation 1

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38.

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 42 (795,260)

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mediators, mediation

39.

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 42 (795,260)

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40.

Ethical Compass: Settlement Fever: Lawyers, Have You Updated Your Philosophical Map?

NYSBA New York Dispute Resolution Lawyer, Vol. 14, No. 2, St. John's Legal Studies Research Paper No. 21-0019
Number of pages: 4 Posted: 28 Sep 2021 Last Revised: 30 Sep 2021
Elayne E. Greenberg
St. John's University School of Law
Downloads 41 (802,455)

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settlement, think like a lawyer, philosophical map, ADR, Dispute Resolution, mediation, negotiations, client-centered

41.

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 41 (802,455)

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42.

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 41 (802,455)

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practicing common law system

43.

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 41 (802,455)

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Mediation; mediator disclosure

44.

"Meeting the Parties Separately" in Mediation Ethics: A Practitioner's Guide

Omer Shapira, ed., ABA Publishing, St. John's Legal Studies Research Paper Forthcoming No. 22-0004
Number of pages: 16 Posted: 16 Jun 2022 Last Revised: 29 Jun 2022
Elayne E. Greenberg
St. John's University School of Law
Downloads 39 (817,277)

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mediation, caucus, party self-determination, confidentiality, mediator impartiality, cross-caucus, implicit bias, ABA Model Standards of Conduct for Mediators

45.

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 37 (832,790)

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

46.

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 34 (857,408)

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

47.

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 30 (891,764)

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mediators , arbitrators, dispute resolution

48.

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 29 (900,752)

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

49.

Bridging the Legal Writing Skills Gap: Pre-Mediation Statements

St. John's Legal Studies Research Paper No. 24-0006, Perspectives: Teaching Legal Research and Writing | Vol. 30 | No. 2 | Fall 2023
Number of pages: 5 Posted: 07 May 2024
Elayne E. Greenberg
St. John's University School of Law
Downloads 26 (928,643)

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50.

Ethical Compass: Celebration

Downloads 25 (938,312)

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 25 (967,102)

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Ethical Compass: Celebration

NYSBA New York Dispute Resolution Lawyer, 2020, St. John's Legal Studies Research Paper No. 20-0025
Posted: 02 Jul 2020 Last Revised: 11 Feb 2024
Elayne E. Greenberg
St. John's University School of Law

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51.

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 24 (948,239)

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

52.

The Unintended Consequence of Settlement Fever and the Rule of Law

New York Dispute Resolution Lawyer, Vol. 15. No. 1, St. John's Legal Studies Research Paper No. 22-0002
Number of pages: 4 Posted: 16 Mar 2022
Elayne E. Greenberg
St. John's University School of Law
Downloads 22 (968,571)

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settlement, justice, negotiations, mediation, rule of law

53.

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 22 (968,571)

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

54.

Hats for Sale: Efficiency, Economics, and Process Integrity

NYSBA New York Dispute Resolution Lawyer, 2023, Vol. 16, No.1, St. John's Legal Studies Research Paper No. 23-004
Number of pages: 5 Posted: 03 May 2023 Last Revised: 08 Feb 2024
Elayne E. Greenberg
St. John's University School of Law
Downloads 21 (978,945)

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ethics, mediator, arbitrator, dispute system design, self-determination, impartiality, confidentiality, process integrity, efficiency, economics, process integrity

55.

Ethical Compass Zooming in on Neutrals' Implicit 'isms

St. John's Legal Studies Research Paper No. 23-0005, 2022
Number of pages: 4 Posted: 15 Jun 2023
Elayne E. Greenberg
St. John's University School of Law
Downloads 14 (1,055,087)

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Video conferencing Zoom impartial "implicit biases" Ethics Zoom fatigue neutrals in-person court-connected reflexive practice