The Ohio State Journal on Dispute Resolution is pleased to bring you Volume 7, Issue 2 of the Mayhew-Hite Report on Dispute Resolution and the Courts.
F. Peter Phillips' article Drafting Dispute Management Clauses for Commercial Contracts concerns itself principally with helping parties to a contract create effective and efficient methods for managing commercial disputes. To this end, Phillips provides a laundry list of fundamental issues that drafters should be aware of in order to protect the value of their deal. A detailed summary of this law review article can be accessed here.
In the case of Hayes v. Oakridge Home, the Supreme Court of Ohio ruled on the validity of a voluntary arbitration agreement between an elderly patient and a nursing home facility. The Court held the agreement was valid and enforceable as drafted despite the patientís allegations that her advanced age and the agreementís provisions requiring her to waive her right to a jury trial, punitive damages and attorney fees were respectively procedurally and substantively unfair. A detailed summary of this case can be accessed here.
In Evaluating Mediation: Improving the Measurement of Procedural Fairness, Sarah Gordon analyzes mediation programs, particularly the success of court-annexed mediation programs as determined by party perceptions of procedural fairness. In this analysis, Gordon includes a discussion of current research pertaining to procedural fairness as well as an examination of the perceived problems regarding mediation evaluations. She provides and critiques specific examples of these evaluations and suggests remedies for the identified problems of one particular mediation program. Gordon also designs and discusses a method for measuring procedural fairness in that program and concludes with suggestions for moving forward. The full-text of this paper can be accessed here.
Editor: Mark Decker, 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