Volume 13, Issue 2 - March 2015

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The Ohio State Journal on Dispute Resolution, in collaboration with the Moritz College of Law's Program on Dispute Resolution, is pleased to bring you Volume 13, Issue 2, of the Mayhew-Hite Report on Dispute Resolution and the Courts.

Mediators as Cooperative Negotiation Coaches: Initial Applications of Co-resolution

By Nathan Witkin

“It must be remembered that there is nothing more difficult to plan, more doubtful of success, nor more dangerous to manage than a new system . . .” ~Niccolo Machiavelli

Introduction:

Two mediators without legal training can serve as cooperative advocates, coaching separate disputants in principled negotiation skills as they facilitate the crafting of a resolution to the dispute. As will be described in this article, these cooperative advocates coach separate disputants in negotiation skills, engage as participants in the interaction, and reliably guide each disputant in making cooperative bargaining moves and honest communications at the table. Disputants in this process follow their advocate’s guidance in making selfless, cooperative moves and have indicated—in initial surveys compiled for this article—high satisfaction with their own advocate and also significant trust and comfort with the opposing advocate. This form of cooperative advocacy—different from collaborative law and more involved than conflict coaching—is made possible by a new dispute resolution process known a ...
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CASE SUMMARY
Mach Mining LLC v. Equal Employment Opportunity Commission

In January, the Supreme Court began hearing arguments for Mach Mining v. Equal Employment Opportunity Commission. The issue is whether or to what extent the courts can enforce the EEOC’s statutory obligation to conciliate discrimination claims before filing suit.

This case stems from a complaint sent to the EEOC by a fem ...
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HEADLINE NEWS

Taste of Symposium
The symposium gave dispute resolution scholars the opportunity to discuss the theory and conceptual challenges faced by the dispute resolution field and the challenges of dispute resolution policy, programs and practice. [Read More]

Lisa Blomgren Amsler to Deliver Annual Schwartz Lecture in Dispute Resolution on April 8
Can the "Next Gen" save American democracy? This is the question Indiana University's Lisa Blomgren Amsler takes on as she delivers the annual Schwartz Lecture on Dispute Resolution on April 8, 2015 at 12:10 p.m. in the Moritz College of Law’s Saxbe Auditorium. [Read More]

The Ohio State Journal on Dispute Resolution Hosts Horizons Symposium
The end of January saw a gathering of dispute resolution luminaries in Columbus, as the Moritz College of Law's Ohio State Journal on Dispute Resolution (JDR) hosted "Horizons: Conversations about Future Directions in Dispute Resolution." [Read More]

Congratulations to the Winners of the ABA Representation in Mediation Competition
Second year law students Chelsea Glassmann and Seth Enlow and third year law students Baylee Butler and Kara Ford won the 2014 Moritz College of Law ABA Representation in Mediation Competition held the week of January 25, 2015. [Read More]

ABA Negotiation Team Competes in Chicago Regionals
Third year students Josh Fravel and Ed Hebb and second year law students Chris Sponseller and Matt Raby advanced from their victory in the in-­‐school ABA Negotiation Competition [Read More]

When We Listen, People Talk, and Sometimes We Give Talks Too
Professor Ellen Deason served as a guest expert on the WOSU radio show All Sides with Ann Fisher on January 14, 2015, speaking about genetically modified crops. Most recently, Professor Deason flew to New York on February 2-­‐4, 2015 where she served as an observer for negotiations around changes to the UN Commission on International Trade Law (UNCITRAL), the primary set of rules for enforcing international trade agreements. [Read More]

EDITOR'S CORNER

Welcome to the Winter 2015 issue of the Mayhew-Hite Report! I hope you enjoy our updated format.

Our lead article in this issue is by Nathan Witkin. Mr. Witkin is a 2008 graduate of the Moritz College of Law, where he researched alternative dispute resolution extensively. His article is focused on a dispute resolution process he created called co-resolution. He touches on all aspects of co-resolution, including the how the relationship between the co-resolvers works and the ethicality of the process.

Our case summary covers M ...
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STUDENT SPOTLIGHT
AMEND THE FEDERAL ARBITRATION ACT: A CALL TO REFORM THE LAW ON MANDATORY PRE-DISPUTE ARBITRATION AGREEMENTS

MIKE J. BENZA*

I. INTRODUCTION

Referred to committee in May of 2013,1 the Arbitration Fairness Act (AFA) never became law. Similar to its predecessors, the AFA was overbroad and excessive,2 as reflected by its reception in Congress. After the bill’s introduction, probability calculators gave the AFA only around a 9% chance of making it out of committee, and the odds of it actually becoming law were a dismal 3%.3[Read More]

MORITZ ADR LINKS

Moritz Program on Dispute Resolution
Widely regarded as one of the nation's finest programs in the area of Alternative Dispute Resolution, the Moritz ADR program was established in recognition of the need for future lawyers to be trained in an array of dispute resolution methods beyond litigation, including negotiation, mediation, and arbitration. [Program Home]

Ohio State Journal on Dispute Resolution
The Ohio State Journal on Dispute Resolution ("JDR") is a student-initiated, student-run publication and is the official law journal of the American Bar Association's Section on Dispute Resolution. [JDR Home]

The Caucus
The Caucus is a monthly e-newsletter that highlights the scholarship and accomplishments of the Moritz Program on Dispute Resolution faculty and students. [The Caucus Home]

Indisputably
Indisputably is a blog operated by law professors from around the United States concentrating on issues involving dispute resolution. [Indisputably Home]

Bridge Initiative @ Mershon and Moritz
The Bridge Initiative, which combines resources from Moritz College of Law and the Mershon Center for International Securities Studies, is an indispensable resource for those doing research in issues involving dispute resolution. [Bridge Initiative Home]

CONTACT US
Ohio State Journal on Dispute Resolution
The Ohio State University
Moritz College of Law
55 West 12th Avenue
Columbus, Ohio 43210-1391
(614) 292-7170
osu-jdr@osu.edu

The Ohio State University | Michael E. Moritz College of Law | 55 West 12th Avenue | Columbus, OH 43210-1391