Volume 11, Issue 4 - April 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 4, of the Mayhew-Hite Report on Dispute Resolution and the Courts.

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

Gabriela Steier[1]


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 international trade that they become leaders in corporate governance and the WTO’s resolutions of their disputes have wide-reaching consequences on a worldwide scale. This paper analyzes the importance of the WTO’s role and its dispute resolution process within the international food trade system based on a discussion of the WTO’s dispute resolution of American genetically modified (GM) crops that were forced into the European market. In disputes related to international food trade, the WTO panels should allocate both corporate private rights, public ideals, and sustainability principles within the boundaries set by law. The resulting precedent, in turn, would induce behavioral changes in all WTO signatory nations, and, if legally enforced, promote economics, public health, a ...
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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.


Mediation, once serving as a “refuge from the courts,” has taken on the characteristics of arbitration.  More frequent involvement of lawyers and the increasingly evaluative, even adjudicative, role assumed by many mediators formalizes and adds theater to a p ...
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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 person or by telephone conference call.  The better view is for the first conference to be live and face-to-face.  The parties must make a commitment to carve out part of their schedule for this important preliminary event, and they would all be in the same room at the same time, with limited opportunity for distraction.  Sometimes, that meeting is the first time the parties have the opportunity to meet both each other and the arbitrator.

A second preliminary issue is whether the initial conference should be restricted to counsel, or whether clients should be invited to attend.  The more popular view is that clients should attend.  With clients (particularly general counsel) in attendance, there is a greater opportunity for them to have input into the cost, duration and nature of ...
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Moritz College of Law’s Program on Dispute Resolution Jumps a Spot in the U.S. News Top 10

The Program on Dispute Resolution moved up a spot in the latest U.S. News & World Report’s top programs in Alternative Dispute Resolution in the United States.

The current ADR rankings are:

1. Pepperdine University (Straus)
2. Harvard University
3. University of Missouri
4. Hamline University
4. Ohio State University (Moritz) (Tie)

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Amy Cohen Awarded Competitive Radcliffe Fellowship

Professor Amy Cohen has been chosen as a 2013-2014 Radcliffe Institute Fellow. The prestigious fellowship, which aims to support and open intellectual atmosphere by bringing together scholars from a variety of disciplines, provides each recipient with one year at Harvard University’s Radcliffe Institute for Advanced Study. Professor Cohen will relocate to Harvard for the 2013-2014 academic year in order to pursue the Fellowship.

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Moritz Program on Dispute Resolution Heads to Chicago for 2013 ABA Dispute Resolution Conference

A large group of Moritz College of Law dispute resolution faculty, including Professors Ellen Deason, Nancy H. Rogers, and Joseph (“Josh”) Stulberg attended the 15th Annual American Bar Association Section of Dispute Resolution Spring Conference, held in Chicago on April 3-6, 2013.

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Schwartz Lecturer Chris Drahozal Questions Supreme Court Arbitration Decisions

What is it about arbitration law and the Federal Arbitration Act (FAA) that results in error correction and factbound decision-making playing such a significant role in the Court's decisions? That question formed the focus of University of Kansas Law Professor Chris Drahozal’s 2013 Schwartz Lecture in Dispute Resolution, held on March 28, 2013 in Saxbe Auditorium.

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Elizabeth Wiseman and Elisabeth McClear Win 2013 Rogers Prize in Dispute Resolution

3L Elizabeth Wiseman and 2L Elisabeth McClear won the 2013 Nancy H. Rogers Prize in Dispute Resolution. The award recognizes the two students who, in the judgment of a committee of faculty members who teach dispute resolution, wrote research papers in dispute resolution that reflect the analytical rigor and intellectual breadth associated with highly-regarded scholarly contributions.

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Students Advance to Quarterfinals at the NBLSA International Negotiations Competition

3Ls Kwame Christian and Amanda Parker continued their tradition of representing the Moritz College of Law in dispute resolution competitions throughout the United States at the 2013 National Black Law Students Association (NBLSA) International Negotiations Competition, held in Atlanta, Georgia on March 6-10. Mr. Christian competed for Moritz at this year’s ABA Regional Negotiation Competition, and Ms. Parker competed at both the ABA Regional Representation in Mediation Competition and the Great Lakes Mediation Tournament.

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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 Resolution.  This is increasingly significant as online readership and scholarship becomes more and more prevalent in legal education and the legal profession.  I want to thank my advisors, co-board members, and all the contributors from within and ...
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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 circumstances.”[1]  Optimization has provided seemingly endless appl ...
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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