Volume 11, Issue 4 - April 2013

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ISSUE 4: ARTICLE SUMMARY

Mediation: The “New Arbitration”

By Jacqueline Nolan-Haley
Summary by Elisabeth McClear
Originally published by the Harvard Negotiation Law Review

Read the full article here.

I. INTRODUCTION

Mediation, once serving as a “refuge from the courts,” has t ...
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ISSUE 4: EDITOR'S CORNER

Welcome to Volume 11, Issue 4 of the Mayhew-Hite Report.  This is the final issue of the 2012-13 academic year.  It has been a fantastic experience serving as Editor of this publication.  In only a little over ten years, the Mayhew-Hite Report has created a rich history, consistently adding an important and enjoyable online dimension to The Ohio State Journal on Dispute Reso ...
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ISSUE 4: FROM OUR FRIENDS

Launching the Arbitration: The Pre-Hearing Conference [1]

by Harvey J. Kirsh[2]

The initial pre-hearing conference, which launches the arbitration proceeding, is an important opportunity for the arbitrator to set the stage, to establish protocols, and to define and shape the entire process.

One preliminary issue is whether the initial conference should be in pe ...
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ISSUE 4: LEAD ARTICLE

The WTO’s Blind Spot: Dispute Resolution in the International Food Industry

Gabriela Steier[1]

Introduction

The World Trade Organization (WTO) is the only international body capable of regulating and supervising the international trade that feeds globalization. Large food producers in some of the most powerful trading nations attain so much influence through inte ...
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ISSUE 4: STUDENT SPOTLIGHT

Optimization Models as an Advanced Dispute Resolution Tool

Timothy R. Watson*

I.  Introduction

Optimization is an important concept in the field of engineering, particularly in the increasingly important field of systems engineering.  Optimization allows an engineer to study a problem and determine the best (or optimal) result, thus it has been defined as “the act of obtaining the best result under the given circu ...
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ISSUE 3: FROM OUR FRIENDS

GOLF INDUSTRY DISPUTE RESOLUTION: RECOMMENDED BEST PRACTICES

Henry DeLozier, Kent Frandsen,

Robert Harris, Greg Nathan

and Michelle Tanzer*

Originally Published by the American Arbitration Association; www.adr.org.

The business world increasingly is finding litigation to be an unsatisf ...
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ISSUE 3: STUDENT SPOTLIGHT

“Hurry Up Please Its Time:”[1] The Growing Need for ADR Methods in the Publishing Industry

Lindsay Nichols*

I. Introduction

Alternative Dispute Resolution (“ADR”) methods have much to offer the world of publishing.  Literature, like other art forms, is a complex arena for the judiciary to negotiate.  This is due to a variety of reasons, one being the fact that books often ...
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ISSUE 3: LEAD ARTICLE

Negotiation Barometry: A Dynamic Measure of Conflict Management Style

By Andrea Kupfer Schneider and Jennifer Gerarda Brown
Summary by Adam Vernick

I. INTRODUCTION

For years, in an attempt to help students of negotiation learn the skill, instructors have adopted tools and tests that facilitate students’ exploration of their own negotiation styles and orientations.  One such tool that has been extremely popular is the Thomas Kilmann Conflict ...
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ISSUE 3: EDITOR'S CORNER

Welcome to Volume 11, Issue 3 of the Mayhew-Hite Report.  As always, the driven students and dedicated faculty at The Ohio State University Moritz College of Law have managed to keep very busy over the past couple months.  As reflected by distinguished teaching awards, scholarship recognition, top honors at regional and national mediation competitions, and selective organizational appointment ...
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ISSUE 3: ARTICLE SUMMARY

What FINRA Can Learn from Major League Baseball

By Ben Einbinder
Summary by Michael Cummings
Originally published by the Pepperdine Dispute Resolution Law Journal
Read the full article here.< ...
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ISSUE 2: LEAD ARTICLE

2012 James K. Lawrence Lecture: Featuring Mr. Kenneth Feinberg

The following is an edited version of “Unconventional Responses to Unique Catastrophes: Tailoring the Law to Meet the Challenges,” the annual James K. Lawrence Lecture, delivered on October 25, 2012 by Mr. Kenneth Feinberg. Mr. Feinberg has been key to resolving many of the nation’s most challenging and widely known disputes of the past two decades, including administering co ...
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ISSUE 2: FROM OUR FRIENDS

Doing Justice in the Face of a Disaster

John C.P. Goldberg

I. INTRODUCTION

The Panel invites us to contemplate what “complete justice” would look like in the face of a disaster. Because justice has many dimensions, the exercise is a difficult one. When one thinks of justice being done in the aftermath of a catastrophe suc ...
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ISSUE 2: ARTICLE SUMMARY

Mass Disaster Mediation: Innovative ADR, or a Lion’s Den?

By Elizabeth Baker Murrill
Summary by Michael Shoenfelt

I. INTRODUCTION

In the wake of natural disasters or other catastrophic events, relatively unsophisticated victims are often left to negotiate with highly savvy insurance representatives.  The difference in bargaining power between the two creates a proverbial Lion’s Den for victims.

Alternative dispute resolut ...
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ISSUE 2: STUDENT SPOTLIGHT

“HURRY UP PLEASE ITS TIME”: The Growing Need for ADR Methods in the Publishing Industry

Lindsay Nichols

Literature and the publishing industry are difficult arenas for the judiciary to negotiate. One reason is that literature, like other art forms, often takes on a life of its own after being published. Furthermore, the publishing process involves many moving parts, including original contracts between the author and publishing house, the author’s estate, constantly evolv ...
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ISSUE 2: EDITOR'S CORNER

Greetings and happy new year.  Welcome to Volume 11, Issue 2 of the Mayhew-Hite Report.  Since last issue, exciting things have been happening in the realm of ADR here at the Moritz College of Law, and in the ADR community at-large.

Back in November, in conjunction with the Journal on Dispute Resolution and the Association of American Law Schools Section on ADR, Moritz presented the Si ...
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ISSUE 1: EDITOR'S CORNER

Welcome to the 2012-2013 Mayhew-Hite Report (the “Report”).  My name is Adam Vernick.  I am a third-year Juris Doctor Candidate at the Moritz College of Law and the new editor of the Report.  Volume 11, Issue 1 of the Report focuses on Online Dispute Resolution (“ODR”).

For those of you who are new to the Report, it is an online publication created by the dedicated staff and s ...
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ISSUE 1: LEAD ARTICLE

Ethical Issues and Technological Change: Institutional Responses of the ABA and UNCITRAL

By: Christopher M. Fairman*

The rapid technological innovation of the past two decades has produced a technological divide in the practice of law. Smart phones and iPads[1] are tools of the trade for many.[2] Lawyers use social media, such as blogs, social networks, and Twitter, for client developme ...
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ISSUE 1: STUDENT SPOTLIGHT

From Conference Rooms to Chat Rooms: The Need to Protect Confidentiality in Online Mediation

Christopher R. Meltzer

The current discussion of how to develop new forums for Online Dispute Resolution (ODR) and how to best implement such forums is gaining momentum as more services are moving online. This is even more the case as individuals are increasingly seeking to settle disputes online in order to avoid issues such as the physical dista ...
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ISSUE 1: FROM THE FACULTY

Preparing Students to Represent Clients in an Online World: An E-mail Negotiation in the Classroom

Ellen E. Deason

It’s obvious that computer technology is changing the practice of law.  Those who represented clients a few short decades ago would not recognize commonplace aspects of today’s law practice, such as e-discovery.

As law schools try to prepare their students for effective modern law practice they could be forgiven, ...
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ISSUE 1: ARTICLE SUMMARY

Technology and the Future of Dispute Systems Design

By Orna Rabinovich-Einy & Ethan Katsh
Originally Published in Volume 17 of the Harvard Negotiation Law Review
Summary by Patrick Noonan

Intro:

The World Wide Web (Web) and Dispute System Design (DSD) were both developed in the late 1980s. While they have largely existed in separate realms, it seems only nat ...
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