The Ohio State Journal on Dispute Resolution is pleased to bring you Volume 6, Issue 3 of the Mayhew-Hite Report on Dispute Resolution and the Courts.
For the lead article of Volume 6, Issue 3, one of the editors of the Mayhew-Hite Report interviewed Robert Ouellette, a partner in the Columbus office of the law firm Schottenstein Zox & Dunn. Mr. Ouellette works in corporate finance and mergers and acquisitions, and he spends as much as 50% of his time preparing for and engaging in negotiations on behalf of his clients. In this article, Mr. Ouellette shares some of his experiences with and insights to alternative dispute resolution.The full-text of this article can be accessed here.
In Guardians Ad Litem Do Not Belong in Family Mediations, Suzanne J. Schmitz explores some of the issues that the presence of a Guardian Ad Litem (GAL) poses to the process of family mediation involving child custody disputes. Schmitz argues that the presence of a GAL destroys the promise of mediation confidentiality, and can undermine the purpose of family mediation, which is to permit parents to reach their own decisions concerning their children. Instead, she suggests that to protect mediation participants, states adopt the policy not to appoint a GAL if the parents are engaging in mediation, or if a GAL has been appointed, that he or she be directed not to attend the mediation or proceed with any investigation until the mediation has concluded. A detailed summary of this law review article can be accessed here.
In April of 2008, the United States Court of Appeals for the Eleventh Circuit announced its decision in Advanced Bodycare Solutions, LLC v. Thione International, Inc. At issue in the case was whether the Federal Arbitration Act (FAA) permits enforcement of a contract clause requiring an aggrieved party to institute mediation or non-binding arbitration prior to filing a lawsuit. The dispute arose out of the breach of a licensing agreement, which granted Advanced Bodycare exclusive rights to market and distribute Thione's nutritional supplements and testing kit which purports to monitor the amount of free radical cells in the body. The court held that the mediation process does not purport to adjudicate or resolve a case in any way, it is not "arbitration" within the FAA, and FAA remedies are therefore not appropriately invoked to compel mediation, so the contract clause did not have to be enforced. A detailed summary of this case can be accessed here.
In Putting the Ball in a New Court: Using Restorative Justice as a Means to Punish NBA Players for the Commission of Violent Offenses, Jessica Clarke argues that, rather than issuing blanket game suspensions for violent acts between players in the NBA, the NBA should institute a dispute resolution model that incorporates restorative justice in the form of victim-offender mediations and community impact panels. Jessica Clarke received her J.D. in May of 2008 from the Ohio State University Moritz College of Law, where she took classes in mediation and other methods of alternative dispute resolution. After she takes the bar this summer, she will be clerking for Judge Solomon Oliver, Jr. at the United States District Court for the Northern District of Ohio. The full-text of this paper can be accessed here.
Editors: Abbie Sockloff and Laura Drongowski, in collaboration with members of the Ohio State Journal on Dispute Resolution.
Advisor: Professor Sarah R. Cole
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Ohio State Journal on Dispute Resolution
The Ohio State University, Moritz College of Law
55 West 12th Avenue, Columbus, Ohio 43210-1391
Phone Number: (614) 292-7170