THE ONGOING DEBATE ABOUT MEDIATION IN THE CONTEXT OF DOMESTIC VIOLENCE: A CALL FOR EMPIRICAL STUDIES OF MEDIATION EFFECTIVENESS

Susan D. Landrum

For approximately three decades, scholars, mediators, and domestic violence victims' advocates have debated whether mediation is an appropriate way to approach family law issues in situations where the parties have a history of domestic violence. Those debates have addressed whether mediation is ever appropriate where there is a history of domestic violence and, if so, when it may be used and how the mediation process can provide for victims' safety and fair mediation outcomes. Their concerns generally fall into four basic categories. First, there are challenges about how to define "domestic violence" when determining whether cases are appropriate for mediation, and legal definitions may not be fully compatible with how society, victims' rights advocates, or scholars understand "domestic violence" or "domestic abuse." Second, there are concerns about whether the mediation process can be fair, voluntary, safe, and neutral when the parties have a history of domestic violence. Third, there are concerns about potential outcomes of such mediations and whether those outcomes can be fair and safe for victims. Finally, there are public policy concerns that are also interwoven into the debates about mediation when there is a history of domestic violence, with some people concerned that mediation will have the effect of brushing mediation under the table or preventing abusers from being held responsible for their actions. [Read More]

THE COURT, THE PARENT, AND THE CHILD: MEDIATOR PERCEPTIONS OF THE PURPOSE AND IMPACT OF MANDATED MEDIATION IN CHILD CUSTODY CASES

Charles Stoner, Sandra Perry, and Tanya Marcum
13 J.L. & Fam. Stud. 151 (2011)

Around the same time that states began to move away from fault-based divorce towards no-fault dissolution of marriage, courts and legislatures began to embrace mediation as a way for couples to decide child custody and visitation issues. This marked a shift towards what is known as the "best interest of the child standard," but sparked criticism that mediation was just another way to force the parties into a settlement, especially since some states mandated mediation of child custody and visitation issues. [Read More]

HOSSAINI V. VAELIZADEH, 2011 WL 3422782 (D. NEB. 2011).

Is an attorney-mediator permitted to represent a party in litigation after serving as the mediator between the two litigants in an earlier mediation? Although this is an uncommon issue, a recent federal court decision in Nebraska found that the issue may be raised if the litigated dispute and mediated dispute are "substantially related." In Hassaini, a divorced couple had been parties to a custody mediation. The mediator met with both parties at one joint mediation session and had two additional sessions with the wife. The parties were unable to reach an agreement on visitation rights, and the mediation was terminated. [Read More]

Negotiations Team Headed to National Competition
After winning the largest Lawrence Negotiation Competition in school history, Kwame Christian, class of 2013, and Chris Bordenave, class of 2012, won the Region 6 Regional Competition at the University of Ottawa Faculty of Law in Ottawa, Ontario, on November 12 and 13. The pair competed against 20 teams from 10 different law schools, and as winners will go on to represent Moritz in the national competition on February 3rd and 4th in New Orleans, Louisiana. The other Moritz team of Andy Gammill and Daniel Best, both class of 2013, also competed in the Regional but did not advance. [Read More]

Lawrence Negotiation Lecture explores Negotiations in College Sports
At this year's annual Lawrence Negotiation Lecture on October 11, students learned about the intricate details involved in negotiating college sports contracts—from the multi-million dollar salaries paid to coaches to the seemingly mundane issue of how athletes can tape up their ankles. The lecture, entitled "Negotiations in the World of Athletics," featured Julie Vannatta, Senior Associate Athletics Director—Legal and Senior Assistant General Counsel for Athletics at The Ohio State University. [Read More]

ADR Faculty on the Move
Professor Joseph Stulberg, the John W. Bricker Professor of Law, recently travelled to Milwaukee, Wisconsin, to be the opening plenary panel presenter on a topic that was named after him: "Mediator Neutrality: The Lessons and Relevance of the Susskind-Stulberg Debate." This panel, part of a Symposium on the future of court ADR, revisited the famous debate between him and Professor Larry Susskind on how and in what way mediators should influence the outcome of mediations, particularly with regard to third party interests. In front of an audience of court administrators, practicing mediators, and legal academics, Professors Stulberg and Susskind found that they are still as much on opposite sides of the debate as they were over 20 years ago. Professor Stulberg is preparing a piece for the Marquette Law Review related to this talk, tentatively titled "Must a Mediator Be Neutral? You Better Believe It!", which gives an indication of where he stands on the issue. [Read More]

This second issue of the Report focuses on domestic relationships and the home. With more couples delaying marriage, ending marriage, or declining to enter into the institution at all, new legal approaches to domestic issues are developing to handle changes in various areas of the law—from property and contract law to criminal law. The selected articles and case shed light on developing issues and approaches taken to manage the changing landscape of domestic relationships.

The Report always welcomes feedback and suggestions for improvement. If you, the reader, have a topic, article, or case that you would like to see the Report include, please email me. Additionally, if you would like to submit a paper for the Lead Article feature, please contact me so that we may discuss that opportunity.

Thank you for reading!
Jennifer Herman
Editor
Email: herman.214@buckeyemail.osu.edu

Allison Wojtkun - Contracting for a Breakup: The Importance of Cohabitation Agreements That Include an Alternative Dispute Resolution Clause

Cohabitation is a phenomenon that is becoming more popular each year. ¹ Two people meet, fall in love, and move in together. If marriage follows, it does not come until later. In this revised fairytale, life seems perfect—the couple is in love and the thought of breaking up never arises. When someone is living with the person he or she loves and things are going great, no one wants or usually even thinks to create an agreement discussing the logistics of a potential future break up or even death. Planning a breakup may seem like a ridiculous concept, but unfortunately, it is necessary.² [Read More]

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]