Volume 11, Issue 1 - October 2012

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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 11, Issue 1, of the Mayhew-Hite Report on Dispute Resolution and the Courts.

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 development.[3] A growing number of attorneys connect to their clients through secure portals.[4]  At the same time, a recent ABA survey on use of legal technology finds that 27 percent of lawyers do not even know if their firm backs up their computers—a response made all the more alarming given that 40 percent report having had a hard-drive failure.[5] While the number of lawyers reporting that they use encryption is rising, 75 percent continue to rely on confidentiality statements for email security.[6] Use of cloud computing remains low; the chief reason given for not using the cloud is a lack of familiarity with the technology.[7] [Read More]

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 natural that the information-intensive process of DSD would pair well with the remarkable information processing abilities of the Web. Combining the technological advancements of the Web with DSD should ...
[Read More]

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, however, for overlooking the need for training in e-mail communication.  After all, aren’t today’s law students e-mail experts?  They seem to live and breathe electronic communication in all its forms.  Why should precious class time be devoted to developing e-mail skills?

But perhaps students’ easy familiarity with e-mail is part of their difficulty as they transition to using it in a professional setting.  It is so commonplace in their lives that they may resort to automatic habits without being aware of the challenges of this form of communication.  In addition, they quickly become accustomed to negotiating with their classmates.

To give students a chance to explore issues associated with using e-mails, and to develop their skills using e-mail professionally, la ...
[Read More]

HEADLINE NEWS

Mix of Novices and Veterans Move on to Regional Negotiation Competitions
This year’s winners of the James K.L. Lawrence Negotiation Competition represent the best of the old guard and the new wave of Moritz negotiators. The team of 2L Elisabeth McClear and 3L Cole Dove were paired shortly before the competition began and received a crash course in negotiation theory at this fall’s Negotiation Workshop. Veteran 3L Kwame Christian, who was on last year’s winning team, and 3L Christopher Stroeer joined Elisabeth and Cole as the 2012 winners. [Read More]

Renowned Victim Compensation Expert, Ken Feinberg, to Speak October 25 on “Unconventional Responses to Unique Catastrophes”
Imagine some of the biggest national tragedies and scandals of the past two decades: 9/11, the Deepwater Horizon oil spill, Jerry Sandusky’s sex crimes, the Aurora, Colorado shootings. The common denominator in all of them: Kenneth R. Feinberg has been brought in to advise on victim compensation. [Read More]

Register to Attend the 6th Annual Works-in-Progress Conference
The Association of American Law Schools Section on Alternative Dispute Resolution’s Sixth Annual Works-in-Progress Conference for scholars, professors, practitioners, and researchers involved in dispute resolution will be hosted by The Ohio State University Moritz College of Law on November 9-10, 2012. [Read More]

Moritz to Host Effective Use of Interpreters In Mediation CLE
The Franklin County Municipal Court Dispute Resolution Department, Moritz College of Law Center for Interdisciplinary Law & Policy Studies, and the Supreme Court of Ohio Office of Interpreter Services will host a course on the Effective Use of Interpreters in Mediation in the Moritz College of Law’s Saxbe Auditorium on Friday, October 19, 2012. [Read More]

EDITOR'S CORNER
adam

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 supporters of the Journal on Dispute Resolution (“JDR”) here at the Moritz College of Law.  A typical issue consists of a lead article, summaries of a recent legal decision and recent scholarly article involving ADR issues, a “Student Spotlight ...
[Read More]

STUDENT SPOTLIGHT
Meltzer
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 distance between themselves and their opponents, the costs associated with traditional mediation, and the ...
[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