Mayhew-Hite Report
VOLUME 3, ISSUE 2
Current Edition Lead Article Article Summary Case Summary Student Spotlight Archives JDR Home

WELCOME

The Ohio State Journal on Dispute Resolution is pleased to bring you Volume 3, Issue 2 of The Mayhew-Hite Report on Dispute Resolution and the Courts .

LEAD ARTICLE

Professor Joseph B. Stulberg, JD, Ph.D., Associate Dean for Professional Relations & Professor of Law at the Moritz College of Law at The Ohio State University, served as reporter for the Joint Committee on the Model Standards of Conduct for Mediators. In his article entitled "New Model Standards of Conduct for Mediators" he discusses the changes made to the Revised Model Standards of Conduct. The full-text of this article can be accessed here.

ARTICLE SUMMARY

Arthur Greenbaum, a Professor at The Ohio State University Moritz College of Law, in his article entitled The Attorney's Duty to Report Professional Misconduct: A Roadmap for Reform, 16 Geo. J. Legal Ethics 259 (2003), considers whether an exception to the duty to report should be recognized when a lawyer serves as a mediator or an arbitrator, given the need for confidentiality within each of these contexts. A detailed summary of this law review article can be accessed here.

CASE SUMMARY

For years, employees have alleged that various terms present in arbitration agreements are unconscionable. Now, somewhat surprisingly, unconscionability has become a potential litigation issue in cases where an employee has signed an agreement to mediate as a condition of employment. See Garrett v. Hooters-Toledo, 295 F. Supp. 2d 774 (N.D. Oh. 2003), finding an ADR agreement unenforceable on grounds of both substantive and procedural unconscionability. A detailed summary of this case can be accessed here.

STUDENT SPOTLIGHT

Diana Ho, a student at The Ohio State University Moritz College of Law, in her paper entitled "The Role of Arbitration in the Probate of Guardianships and Conservatorships" provides an interesting discussion of the use of arbitration in probate proceedings, ultimately concluding that arbitration should not be used to probate guardianship and conservatorship matters regarding children and incapacitated persons. The full-text of this paper can be accessed here.

EDITORIAL INFORMATION

Editors:
Natalie M. Hostacky & Jason L. Wyatt in collaboration with members of the Ohio State Journal on Dispute Resolution .

Advisor:
Professor Sarah R. Cole

A Special Thanks:
To the Ohio State Journal on Dispute Resolution , Sara Stahley, and all of those involved in helping us obtain contact information for individuals interested in receiving the electronic version of the Mayhew-Hite Report

Send Comments To:
Ohio State Journal on Dispute Resolution

Moritz College of Law
The Ohio State University
55 West 12th Avenue
Columbus, Ohio 43210-1391
Phone: (614) 292-7170
E-mail: osu-jdr@osu.edu