The Ohio State Journal on Dispute Resolution is pleased to bring you Volume 4, Issue 3 of The Mayhew-Hite Report on Dispute Resolution and the Courts. The main page of this issue can be accessed here.
In Buckeye Check Cashing Supreme Court Decision Offers Solace to Businesses Using Arbitration Agreements, Sarah Rudolph Cole, J.D., Squire, Sanders & Dempsey Designated Professor of Law at The Moritz College of Law at The Ohio State University, provides a summary of the U.S. Supreme Court's decision in Buckeye Check Cashing v. Cardegna, 123 S. Ct. 1204 (2006) and describes the positive implications of the case for businesses that use arbitration to resolve disputes between other businesses, consumers and employees. The full-text of this article can be accessed here.
The Harvard Negotiation Law Review recently published an eye-opening report by Hamline University Professors James R. Coben & Peter N. Thompson, Disputing Irony: A Systematic Look at Litigation About Mediation, 11 Harv. Negotiation L. Rev. 43 (2006), stemming from their analysis of 1223 state and federal court decisions regarding mediation compiled on Westlaw databases from 1999 – 2003. Coben & Thompson's research ironically illustrated that while civil case loads generally remained steady or slightly declined during this five year span, litigation regarding mediation, a heavily-touted alternative to litigation, nearly doubled. After breaking down these decisions by the mediation issues presented in the cases (replete with numerous examples), the authors draw some conclusions from their data regarding the current state of mediation, provide recommendations for changing mediation statutes and rules, and suggest practice pointers for mediators, practitioners, and mediation participants on how to avoid subsequent litigation stemming from mediation. A detailed summary of this law review article can be accessed here.
A recent California case, In Re Kieturakis, 138 Cal. App. 4th 56 (CA 1st App. 2006), the court reviews California's statutes and case law which describe the broad interpretation and strict construction of the state's mediation privilege. The court's discussion of the admissibility of evidence regarding the conduct and communications which occurred during mediation illustrates the need for flexibility in mediation confidentiality statutes. A detailed summary of this case can be accessed here.
In Mediator Certification: Realizing its Potentials and Coping With its Limitations, Michelle Robinson presents a thorough cost/benefit analysis of whether mediators should be regulated through certification. She then assesses the various approaches to defining and evaluating “good mediators.” Robinson concludes that a well-designed certification program, not funded by application fees, would improve the quality of mediation. Robinson is currently a 2006 J.D. Candidate at The Ohio State University Moritz College of Law. In 2005, she served as a volunteer mediator for the Franklin County Municipal Court in Columbus , OH . Robinson is currently assisting Prof. Sarah Rudolph Cole in updating a mediation treatise and will begin working for Bailey Cavalieri, LLC this fall. The full-text of this paper can be accessed here.
The editors would like to thank Professor Ellen Deason of The Ohio State University Moritz College of Law for her special assistance on this issue of the Mayhew-Hite Report.
Jennifer Hetzel Hallman & Shawn P. Davisson in collaboration with members of the Ohio State Journal on Dispute Resolution.
Professor Sarah R. Cole
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