VOLUME 9 ISSUE 1 - November 2010

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The Ohio State Journal on Dispute Resolution, in collaboration with the Moritz College of Law's Program on Dispute Resolution, is pleased to bring you Volume 9, Issue 1 of the Mayhew-Hite Report on Dispute Resolution and the Courts.

The "Manifest Disregard" Standard for Vacatur: Is Hall Street One Way?

Robert N. Rapp

In the wake of Hall Street, lower courts set out on different roads to resolution of the place of manifest disregard of the law in arbitration jurisprudence. The result today, now post-Stolt-Nielsen S.A., is a tripartite split among Circuits that can only be resolved with firm Supreme Court guidance. As discussed below, the three roads taken involve: (1) embracing Hall Street for outright rejection of manifest disregard; (2) preserving manifest disregard through its "reconceptualization" as, or transformation into, an FAA section 10 ground; and (3) full recognition of manifest disregard as an independent ground for vacatur, relying on historical precedent and rejecting the notion that Hall Street changes anything. Thus the question: Is Hall Street one way?" [Read More]

ARTICLE SUMMARY

Negotiating Executive Compensation in Lieu of Regulation
Urska Velikonja, one of the first O'Connor Fellows at the Arizona State University Sandra Day O'Connor College of Law, has written an article about the need for reform of executive compensation. Starting from the idea that the present economic situation might be the best possible time to reform the system for determining executive compensation, Velikonja presents two viable options: reform through governmental regulation, and reform through voluntary expansion of internal systems to include more interested parties. Velikonja succinctly terms these options as (1) regulating executive pay and (2) negotiating executive pay. [Read More]

CASE SUMMARY

Williams v. Kansas City Title Loan Co., Inc.
After car buyer entered into mediation on his claims of breach of contract and fraud, among others, against car dealership and other defendants, the dealership moved to enforce a purported settlement agreement. The Circuit Court, Jackson County, Justine E. Del Muro, J., granted the motion and dismissed buyer's claims. Buyer appealed. Dealership appealed the denial of attorney fees. Plaintiff Tyrone Williams appealed the trial court's enforcement of a settlement purportedly reached at a court-ordered mediation session, and the consequent dismissal of his claims with prejudice. Defendant Westlake Services appeals the trial court's denial of its request for attorney's fees. Because the settlement Westlake and the other defendants sought to enforce was not memorialized in a written agreement executed by all parties, as required by Supreme Court Rules 17.01(d) and 17.06(c), we reverse the trial court's enforcement of the settlement. Westlake's request for attorney's fees depended on its claim that Williams had unreasonably refused to acknowledge the existence of a binding settlement agreement. Because Williams was correct that no binding settlement had been reached, Westlake's attorney's fee motion was properly denied. [Read More]

HEADLINE NEWS

Lawrence Negotiation Lecture Speaker Encourages Students to Be Collaborative
"As lawyers, we spend 99% of our time preparing for something litigation that we don't want to happen." With these words, Pauline Tesler, the speaker for the 2010 Lawrence Negotiation Lecture, challenged the assembled students and faculty to consider a different approach to client's legal problems one that is known as collaborative lawyering. [Read More]

Four Headed to Regional Negotiation Competition
After a hard fought week of negotiations, the two winning teams from the annual Lawrence Negotiation Competition are looking forward to representing the Moritz College of Law at the regional ABA Negotiation Competition. Paul Brandstetter '12 and Joseph Clark III '11, tied with David Lisko '11 and Gregory Williams '11 for first place as the winners of the one week competition. [Read More]

Mediators Beyond Borders Chapter at Moritz Looking to Have International Impact
Students have a chance to get learn about and get involved with international mediation opportunities this year, through the student chapter of Mediators Beyond Borders. Mediators Beyond Borders is an international organization with projects in many countries. Founded in 2007, they were the only mediation group approved as an observer at last year's Copenhagen Climate Change Summit. [Read More]

ADR Alumni Profile: Rick Miller, When in Rome...
Rick Miller, ADR Certificate recipient and member of the class of 2010, recently completed a fellowship in the international division of Rome's ADR Center, a member of JAMS International and one of the largest private dispute resolution providers in continental Europe. After participating in the class hooding on Friday, May 14, Rick swiftly flew to Italy to begin work on the morning of Monday, May 17. The office, located in Rome's business district one block from the Spanish Steps, serves as the Center's European hub for mediation, negotiation, and conflict management services. [Read More]

STUDENT SPOTLIGHT

Kyle Heitman: The Need for Alternative Dispute Resolution in Academic, Business, and Nonprofit Plagiarism and Copyright Cases
If school administrators are not willing to perform the task with 100% force, it will be left up to someone else to enforce copyrights. The only other logical person with anything at stake in such a matter is the copyright holder himself. As a result, it is necessary to ensure that the copyright owner is able to prevent or redress plagiarism in the most efficient manner possible. [Read More]

MORITZ ADR LINKS

Moritz Program on Dispute Resolution
Widely regarded as one of the nation's finest programs in the area of Alternative Dispute Resolution, the Moritz ADR program was established in recognition of the need for future lawyers to be trained in an array of dispute resolution methods beyond litigation, including negotiation, mediation, and arbitration. [Program Home]

Ohio State Journal on Dispute Resolution
The Ohio State Journal on Dispute Resolution ("JDR") is a student-initiated, student-run publication and is the official law journal of the American Bar Association's Section on Dispute Resolution. [JDR Home]

The Caucus
The Caucus is a monthly e-newsletter that highlights the scholarship and accomplishments of the Moritz Program on Dispute Resolution faculty and students. [The Caucus Home]

Indisputably
Indisputably is a blog operated by law professors from around the United States concentrating on issues involving dispute resolution. [Indisputably Home]

Bridge Initiative @ Mershon and Moritz
The Bridge Initiative, which combines resources from Moritz College of Law and the Mershon Center for International Securities Studies, is an indispensable resource for those doing research in issues involving dispute resolution. [Bridge Initiative Home]

CONTACT US
Ohio State Journal on Dispute Resolution
The Ohio State University
Moritz College of Law
55 West 12th Avenue
Columbus, Ohio 43210-1391
(614) 292-7170
osu-jdr@osu.edu

The Ohio State University | Michael E. Moritz College of Law | 55 West 12th Avenue | Columbus, OH 43210-1391