The Ohio State Journal on Dispute Resolution is pleased to bring you Volume 5, Issue 3 of the Mayhew-Hite Report on Dispute Resolution and the Courts.
For the lead feature of Volume 5, Issue 3, the Editor of the Mayhew Hite Report interviewed Dale A. Crawford, a former judge on the Franklin County Ohio Common Pleas Court and a current partner at the law firm of Shumaker, Loop & Kendrick LLP. As a private practitioner, Mr. Crawford has frequently served as a mediator and an arbitrator, and during his time on the bench, he was able to gain a unique perspective on the factors that prompted litigants to settle cases or embrace Alternative Dispute Resolution. Crawford's insights concerning ADR are sure to be of interest for students and practicing attorneys alike. The full-text of the interview can be accessed here.
In Mediation in the Health Care System: Creative Problem Solving, Sheea Sybblis analyzes how a mediation system could improve upon the current practice of settling medical malpractice disputes. The author begins her article by providing an overview of mediation, and then gives readers some background information on medical malpractice and medical error in the United States. She highlights many of the shortcomings associated with resolving medical malpractice disputes through litigation, and in Part II of the article, explores the transformative potential of mediation in the health care system. Sybblis uses Part III of the article to discuss institutionalization and uniformity in mediation, as well as current ADR programs being used in the health care system. She argues that health care mediation should be a voluntary and flexible process, and suggests that even if mediation cannot resolve a malpractice dispute before litigation ensues, the mediation process itself makes pre-trial settlement more probable. The author does not claim that mediation will cure all of the problems that ail the American health care system, but does make a forceful argument in favor of the mediation of medical malpractice disputes. The full text of this article summary can be accessed here.
In February of this year, the United States Court of Appeals for the Second Circuit announced its decision in Ross v. American Express Co., 478 F.3d 96 (2d Cir. 2007). At issue in Ross was whether a non-signatory to a written arbitration agreement could, under Section 16 of the Federal Arbitration Act, lodge an interlocutory appeal from the trial court's denial of a motion to compel arbitration against a signatory to the agreement at issue. The Second Circuit held that when a district court finds that a signatory to a written arbitration agreement is required to arbitrate with a non-signatory under principles of equitable estoppel, the writing requirement of Section 16 of the Federal Arbitration Act is satisfied. The Ross decision has created a circuit split on whether equitable estoppel can satisfy the FAA's writing requirement, a necessary condition for bringing an interlocutory appeal following denial of a motion to compel arbitration. A detailed summary of this case can be accessed here.
In Solving the Nonlawyer Mediator Dilemma: The Need for Flexible Unauthorized Practice Standards, Seth Linnick discusses the current uncertainty regarding nonlawyer mediators and what constitutes unauthorized practice of law. The author argues that individual nonlawyers possess unique skill sets, and often charge lower fees, making them extremely effective mediators for certain disputes. Linnick notes that several states have drafted firmer guidelines for nonlawyer mediators to follow, but he argues that these new guidelines are far from optimal. The author asserts that future standards governing nonlawyer mediators should be flexible, recognizing that mediation arises in various contexts, and also clearly discernible so that nonlawyer mediators know where they stand. Seth Linnick is a 2008 J.D. candidate at the Ohio State University Moritz College of Law where he has taken courses in mediation and negotiation. He is working as a summer associate at Jones Day in Cleveland, Ohio. The full-text of this paper can be accessed here.
Philip Morrow & Betsy Elder in collaboration with members of the Ohio State Journal on Dispute Resolution.
Professor Sarah R. Cole
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Ohio State Journal on Dispute Resolution
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