Volume 12, Issue 1 - January 2014

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

It’s Been a Privilege: Protecting the Attorney-Client Relationship in International Arbitration

Syane A. Roy* 

I. Introduction

 A dispute arises between an American and a German. They agree to resolve their problem over a “football” game officiated by a neutral referee. Both disputants arrive at a field with ten friends in tow and the goal of scoring the most points. However, their commonalities end when they realize they are playing different games[1]: Why do the Americans keep using their hands? Why are the Germans disregarding the line of scrimmage? Tackling? Red card! What exactly is a red card? Faced with these challenges, how should the officiator proceed?

The task of the arbitrator can be much the same as our hapless referee. When international arbitration involves parties from differing legal traditions, they may bring with them expectations for the resolution of their conflict based on legal norms from their home nations. While experience with these differences has led to convergence in some arbitral practices,[Read More]

ARTICLE SUMMARY
No Entries Found
CASE SUMMARY
Reed Elsevier, Inc. v. Crockett, 734 F.3d 594 (6th Cir. 2013)

Reed Elsevier, Inc. v. Crockett, 734 F.3d 594 (6th Cir. 2013)

Overview:

A provider of online legal research brought action for declaratory and injunctive relief after an attorney filed a demand for class arbitration of claims against the provider for fraud, negligent representation, breach of contract, negligence, gross negligence, unjust enrichment, and violation of New York Consumer Protection Act.  The district court granted summary judgment on the declaratory judgment and dismissed the claim for injunctive relief without prejudice.

Holding:

The Sixth Circuit held that (1) the question whether an arbitration agreement permits classwide arbitration is a “gateway” matter, (2) arbitration clause of a subscription plan did not authorize arbitrator to decide classwide arbitrability, and (3) arbitration clause did not authorize classwide arbitration.  Henceforth, parties must “clearly and unmistakably” provide for classwide arbitration.

Analysis:

In an effort to seemingly keep arbitration somewhat within the confines of the courts, the Sixth Circuit decided that the “gateway” question whether ...
[Read More]

HEADLINE NEWS

Public Invited to the Annual Journal on Dispute Resolution Symposium

The Moritz College of Law at The Ohio State University will be holding a Dispute Resolution in Special Education Symposium on Thursday, February 27, 2014 and Friday, February 28, 2014 with many of the papers to be published in the Ohio State Journal on Dispute Resolution, the leading dispute resolution journal in the United States. Professors and practitioners from around the country will participate in this two-day event. Co-sponsors for this event include the Center for Interdisciplinary Law and Policy Studies, the Journal on Dispute Resolution, and the ADA Coordinator’s Office at The Ohio State University.

[Read More]

Lawrence Lecture Highlights Disturbing Trend in Law Student Ethics

As a professor focused on negotiation and ethics, Art Hinshaw collected years of data on law student ethics and advocacy—the results of which he presented in the 2013 Lawrence Negotiation Lecture on September 19, 2013. Professor Hinshaw, a clinical professor at the Sandra Day O’Connor College of Law at Arizona State University and Director of its Lodestar Dispute Resolution Program, presented data throughout his lecture entitled “Learning and Understanding Negotiation Ethics” that seem to indicate that law students become less ethical as they progress from first to third year of law school.

[Read More]

Professor Stulberg Invested as Michael E. Moritz Professor in ADR

In a ceremony marked by laughter and song, Professor Joseph (“Josh”) Stulberg was awarded the Michael E. Moritz Chair in Alternative Dispute Resolution at the Barrister Club on October 3, 2013. Many of his current and former students, as well as his family and colleagues, were on hand to witness the occasion.

[Read More]

Ohio Mediation Association Hosts Quarterly Meeting at Moritz

The Ohio Mediation Association (OMA) held its fall meeting at the Moritz College of Law on October 4, 2013. Members of the group, along with students from the Program on Dispute Resolution, were treated to lunch and a lecture by Drs. John L. Tilley and Bob Stinson, who spoke about the role of social psychology and behavioral science in alternative dispute resolution.

[Read More]

Negotiation Competition Winners Make Finals in ABA Regionals

As the clock ran down on the last night of the Lawrence Negotiation Competition, the finalists pulled out all the stops to impress the panel of judges, displaying true negotiation skills.  It was the culmination of several days of the team negotiation competition at the Moritz College of Law, and in the end, 3Ls James Saywell and Mark Tupa, and 2Ls Charles (“CJ”) Demmer and Ryan Edmiston were proclaimed the winners of the competition. Joining them in the final round were the teams of 2Ls Amy Factor and Madalyn Fairbanks and 3Ls Kelly Kozich and Lindsey Ohlman. The teams faced a field of 30 teams to rise to the top over the course of four rounds of negotiations in order to win the competition. The in-school competition began on September 24 and concluded on September 30, 2013.

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EDITOR'S CORNER

Welcome to the 2013-2014 Mayhew-Hite Report.  My name is Brodi Conover and I am the new editor of the Report.  I am third-year Juris Doctor Candidate at the Moritz College of Law here at The Ohio State University.

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 here at the Moritz College of Law.  A typical issue consists of a lead article, summaries of a recent legal decision or a recent scholarly article involving ADR issues, a “Student Spotlight” section featuring a piece of writing from a current Moritz J.D. Candidate ...
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STUDENT SPOTLIGHT
Good Faith Over Confidentiality: The Argument for Enforcing Good Faith Requirements at the Expense of Confidentiality in Court-Mandated Mediations

Alix J. West *

I. Introduction

With the high cost, both financial and emotional, associated with trial, mediation has become an increasingly attractive method of dispute resolution. While trial takes months or years to adjudicate an issue, mediation can allow for an immediate resolution.[1]  Trial adjudication involves parties risking an unfavorable j ...
[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