Volume 11, Issue 3 - March 2013

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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 3, of the Mayhew-Hite Report on Dispute Resolution and the Courts.

Negotiation Barometry: A Dynamic Measure of Conflict Management Style

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


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 Mode Instrument (“TKI”).  Despite its popularity among negotiation professors, TKI has its flaws.  For one, in helping students reflect on their “default” or reflexive approach to conflict, TKI seems to assume a “static self” that does not reflect the way styles can change in the course of negotiation.  This paper suggests adjustments to the current TKI in order to capture more accurately these style changes.  The new tool is named the Dynamic Negotiating Approach Diagnostic (DYNAD).  Uniquely, it asks students to assess themselves at the start of a conflict and then after the conflict becomes more difficult.  Awareness of how one’s negotiation style shifts to reflect the rising temperature of conflict can provide crucial lessons to negotiation students.

II. THE ...
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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.


Major League Baseball (“MLB”) has long been hailed as the nation’s pastime.  Thanks to its extreme popularity, as well as changes in the way playe ...
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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 unsatisfactory method for the resolution of commercial disputes. Litigation costs are substantial (increasingly so with the expansion of electronic discovery), key personnel are distracted from their companies’ core business activities, and judicial decisions and jury verdicts are uncertain and often destructive of ongoing business relationships. Perhaps the ultimate irony of litigation as a dispute resolution method is that, as data repeatedly show, more than 95 per cent of civil actions are resolved by means other than an actual trial.

Recent years have seen the increased use of “alternative dispute resolution” (ADR), most notably mediation and arbitration.[1]  The increasing popularity of ADR invites consideration of the question: sh ...
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Moritz Takes Home Best Mediator at Great Lakes Mediation Tournament

Braving snow and the wilds of Ann Arbor, Michigan, 3Ls Brittany Doggett, Amanda Parker, and Whitney Siehl, and 2L Mingzi Ouyang competed in the Great Lakes Mediation Tournament on March 1-3, 2013. The team picked up new skills as advocates and mediators, networked with fellow law students, and Amanda Parker tied for the Best Mediator award.

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Amy J. Cohen Speaks about Roger Fisher at Harvard

Professor Amy J. Cohen participated in a panel discussion at the Harvard Negotiation Law Review’s symposium Ideas and Impact: the Legacy of Roger Fisher in Cambridge, Massachusetts on March 2, 2012. The panel, The Little-Known Professor Fisher: Path to a Life in Alternative Dispute Resolution, also included Andrea Schneider, Director of the Dispute Resolution Program at Marquette University Law School; Daniel Shapiro, Director of the Harvard International Negotiation Program; and William Ury, Senior Fellow at the Harvard Negotiation Project and co-author of the seminal negotiation text Getting to Yes.

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Ellen Deason Presents at Penn State on Med-Arb
Professor Ellen Deason presented her paper, Med-Arb and the Challenge of Judicial Review, on February 22, 2013 at Penn State University School of Law’s Yearbook on Arbitration and Mediation Symposium on The Role of the Courts: Judicial Review of Arbitral Awards and Mediated Settlement Agreements. [Read More]

Representation in Mediation Competition Winners Compete in Montgomery
After emerging from a field of 16 teams in Moritz’s 7th Annual Representation in Mediation, 3Ls Amanda Barrera and Jacqueline Hicks and 2Ls Keith Darsee and Mingzi Ouyang qualified for the ABA Regional Representation in Mediation Competition at Faulkner University School of Law in Montgomery, Alabama held February 22-23, 2013. In the competition, law student teams act as attorneys and clients in preparing for and representing a client in mediation. In the three nights of the intra-school competition, the winning teams mediated in a labor dispute, a landlord-tenant issue, and a breach of a licensing agreement. [Read More]

Sarah Cole Wins Ohio State’s Distinguished Teaching Award
Professor Sarah Cole received a special Valentine’s Day surprise when Ohio State President E. Gordon Gee made a visit to her class to announce that she was a recipient of the 2012-2013 Alumni Award for Distinguished Teaching. President Gee’s remarks, in front of Prof. Cole’s class, recognized her outstanding skill and dedication to the teaching mission of The Ohio State University. The Distinguished Teaching Award is the University’s highest teaching honor, given to no more than 10 faculty members each year from the more than 8,000 University faculty. [Read More]

Joseph “Josh” Stulberg Receives Center for Dispute Settlement Founders Award
Professor Josh Stulberg returned this semester from Bilbao, Spain, where he is collaborating with professors at the University of Deusto School of Law through an Ikerbasque Fellowship. His project looks at the ways cultural values shape the design and implementation of mediation processes. [Read More]

Peter P. Swire Named As “Do Not Track” Mediator
Professor Peter P. Swire, a former chief counselor for privacy at the Office of Management and Budget during the Clinton administration, was named co-chairman of the international World Wide Web Consortium’s (W3C) Tracking Protection Working Group in late November 2012. His task will be to help parties develop a global standard for a “Do Not Track” browser setting that will allow users to notify websites to refrain from tracking users’ browsing. [Read More]

2013 Schwartz Lecturer Professor Chris Drahozal to Examine Supreme Court’s Arbitration Decisions
On Thursday, March 28, 2013 at noon, Professor Chris Drahozal will deliver the annual Schwartz Lecture on Dispute Resolution, titled Error Correction and the Supreme Court’s Arbitration Docket. All are invited to the lecture and its accompanying lunch, which takes place in the Moritz College of Law’s Saxbe Auditorium. [Read More]


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 appointments, our students and professors truly are “movers and shakers” in the world of ADR.  Take a look at our “Headline News” feature for details on these significant accomplishments.

Beginning with the “Student Spotlight”, and as promis ...
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Nichols_Lindsay headshot-1
“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 take on lives of their own, distinct from both their author and their publisher. Mary Wollstonecraft ...
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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 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]

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

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