Volume 12, Issue 2 - June 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 2, of the Mayhew-Hite Report on Dispute Resolution and the Courts.

CLARIFYING CANDOR: WHY THE MODEL RULES SHOULD DRAW BRIGHT LINES FOR ATTORNEYS’ TRUTH-TELLING DUTIES IN ARBITRATION, MEDIATION, AND UNASSISTED NEGOTIATION

*Michael Dallaire

 I. Introduction

Alternative Dispute Resolution (ADR) is here to stay.  The Model Rules of Professional Conduct (Model Rules)[1] must acknowledge that fact.  Several scholars have posited the lofty goal of creating an entirely separate code of ethics for ADR or at least individual processes.[2]  But the process of ADR-specific rules must begin within the framework of the existing Model Rules.  One of the first steps in that direction should be to clearly define the level of candor required of an attorney-advocate in each major ADR forum.[3]  An attorney’s duty to tell the truth, or his ability to deceive, should not be governed by a static standard when operating across a range of informal, nonbinding, participant-controlled settings like unassisted negotiation and mediation.  The Model Rules o ...
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ARTICLE SUMMARY

The United States Supreme Court’s Failure to Fix Plea Bargaining: The Impact of Lafler and Frye

Cynthia Alkon, The United States Supreme Court’s Failure to Fix Plea Bargaining: The Impact of Lafler and Frye, Hastings Const. L.Q., 561 (2014)

In her most recent published article, Professor Alkon of Texas A&M expanded upon her 2012 Mayhew-Hite note and explored the 2012 Supreme Court decisions of Lafler v. Cooper and Missouri v. Frye and their impact on plea bargaining within the criminal justice context.  While many in the legal community posited that Lafler and Frye, taken together, were perhaps the lynchpin of the greatest revolu ...
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CASE SUMMARY
Martinez v. Carnival Corp., 744 F.3d, 1240 (11th Cir. 2014)

Overview:

The Plaintiff, a Honduran citizen who worked on a cruise ship, sustained a back injury while employed aboard the Carnival cruise ship Fascination.  As an employee of the ship and cruise line, he was scheduled to work ten hours per day, seven days a week, with work that involved intense labor.  A term of his employment contract dictated that all disputes, outside of wage disputes, would be referred to and final resolved by arbitration.  The Plaintiff reported back pain to his supervisor and, eventually, the Defendant paid for the Plaintiff to have back surgery in Panama.  Post-surgery, the Plaintiff still experienced serious orthopedic and neurological problems.  The Defendant, once again, paid for medical treatment for the Plaintiff in Miami.

The Plaintiff brought suit in Florida state court.  The Defendant subsequently removed the case to federal district court and filed a motion to compel arbitration, per the terms of the employment agreement.

Holding:

The Eleventh Circuit Court of Appeals affirmed the district court’s decision.  In so doing, the Eleventh Circuit found that the district court’s order compelling arb ...
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HEADLINE NEWS

Congratulations to Moritz Graduates Earning Their Certificate in Dispute Resolution

This spring saw 11 students earn their Certificate in Dispute Resolution from the Moritz College of Law. Students earning the Certificate must complete 15 course credits in dispute resolution, which includes participating in the Mediation Clinic and writing a scholarly paper in the dispute resolution field.

The following Certificate in Dispute Resolution earners were recognized at The Moritz College of Law’s Honors Convocation Ceremony on Friday, May 9, 2014.

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Program on Dispute Resolution Faculty Spread the Word about Dispute Resolution

This was a busy year of travel for PDR faculty, who presented far and wide on a range of dispute resolution topics...

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Moritz Students Win Second in the 2014 National ABA Representation in Mediation Competition

Second-year law students Amy Factor and Madalyn Fairbanks and their tremendous coaches Marya Kolman and Dottie Painter had a stellar finish in the National ABA Representation in Mediation Competition held in conjunction with the ABA Dispute Section on Resolution Conference in Miami, Florida.

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Professor Rogers Highlights Dispute Resolution Design in Spring Schwartz Lecture

In her March 25, 2015 Schwartz Lecture – titled Reducing Polarization: Whose Job Is It? – Professor Nancy H. Rogers examined a series of conflicts from around the country and suggested that public institutions think carefully about designing responsive and lasting resolution processes for polarized, public conflicts.

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The Program on Dispute Resolution Rises to Second in U.S. News Rankings

The Moritz College of Law Program on Dispute Resolution jumped two spots in the U.S. News & World Report Law School Dispute Resolution program rankings and is now ranked second in the country. We are proud that the combination of strong faculty scholarship and student-focused education continues to help PDR earn recognition each year as a nationally-ranked program.

The top ten dispute resolution programs for 2014 were:

1. Pepperdine University
2. Ohio State University (Moritz)

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The Ohio State Journal on Dispute Resolution and Professor Rogers Receive CPR Awards

The Program on Dispute Resolution congratulates Professor Nancy H. Rogers and the Ohio State Journal on Dispute Resolution (parent journal of the Mayhew Hite Report) for their recent International Institute for Conflict Prevention & Resolution (CPR) awards.

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Largest Group Yet Competes in Great Lakes Mediation Tournament

The largest group of Moritz students yet competed in this year’s Great Lakes Mediation Tournament, held February 14 and 15 at Michigan State University. At the Great Lakes Tournament, students have the opportunity to play the three major roles in a mediation: the disputing party, the party’s counsel, and the mediator.

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Professor Stulberg Receives ACCTM Lifetime Achievement Award

Professor Joseph (“Josh”) Stulberg was awarded the 2013 Lifetime Achievement Award from the American College of Civil Trial Mediators (“ACCTM”).

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Rogers Prize Winners Grapple with International Conflicts

This year was one of the largest fields in some time for the Rogers Prize in Dispute Resolution, and the two winners both wrote cogent and creative examinations of the use of ADR in international conflicts. This year’s prize winners were...

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EDITOR'S CORNER

Welcome to Volume 12, Issue 2 of the Mayhew-Hite Report.  This is the final issue of the 2013-14 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 important relationship and history is more relevant and important as the connection between online readership and scholarship expands.

The Mayhew-Hite Report will be in capable hands moving forward as Delany Marsc ...
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STUDENT SPOTLIGHT
The Use of Alternative Dispute Resolution in Will Interpretation in Probate Courts

Nicholas Uzl*

I.          Introduction

In the age of increased litigation costs and the significant backlog of cases in courts, the use of alternative dispute resolution (ADR) mechanisms for resolving cases has become more popular. This general trend of an increased backlog of cases has proven true in probate courts as well as courts of general jurisdiction. To illustrate the significant backlog in probate courts, Judge Mil ...
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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