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WELCOME The Ohio State Journal on Dispute Resolution is pleased to bring you Volume 4, Issue 1 of The Mayhew-Hite Report on Dispute Resolution and the Courts. LEAD ARTICLE In Res Judicata and Class Action Arbitration Awards, Kristen M. Blankley, J.D., discusses the unsettled application of res judicata and collateral estoppel by courts and arbitrators against class action arbitration awards in subsequent proceedings. Ms. Blankley explains the benefits of giving preclusive effect to a prior class action arbitration award in a subsequent procedure by an unnamed class member. Ms. Blankley is currently a law clerk in the Eighth Circuit Court of Appeals. She has won several awards for her scholarship in dispute resolution, including the Dispute Resolution Section of the ABA's James B. Boskey Memorial Essay Contest and Nancy H. Rogers Prize in Dispute Resolution Scholarship. The full-text of this article can be accessed here. ARTICLE SUMMARY Sarah Rudolph Cole, J.D., Squire, Sanders & Dempsey Designated Professor of Law at The Moritz College of Law at The Ohio State University, responds to the argument that all forms of arbitration are subject to the Constitution's procedural due process requirements in her article, Arbitration and State Action , 2005 B.Y.U. L. Rev. 1 (2005). She summarizes the Supreme Court's state action doctrine and applies it to several forms of arbitration to determine which types constitute state action and are therefore subject to Constitutional due process requirements. A detailed summary of this law review article can be accessed here. CASE SUMMARY In Alford v. Bryant , 137 S.W.3d 916 (Tex. Ct. App. 2004), the court held that under certain circumstances, a party may not “offensively” use the statutory mediation confidentiality provision to prevent a mediator from testifying as to the substance of a discussion held during a mediation. A detailed summary of this case can be accessed here. STUDENT SPOTLIGHT In her award winning paper, “Peer Mediation Programs: A Forum to Increase Appreciation for Diversity within our Schools' Walls,” Laura Weidner assesses the current state of peer mediation programs in our nation's schools and stresses the need and benefits of including diversity in the implementation of such programs. Ms. Weidner is currently a J.D. Candidate and Dispute Resolution Certificate Student at The Ohio State University Moritz College of Law where this paper received second place in the Nancy H. Rogers Prize in Dispute Resolution Scholarship. Her first orientation to peer mediation was serving as a peer mediator while in high school in the metropolitan Washington, D.C. area. Most recently, she spent the past summer as a Research Fellow for Conflict Resolution Education at The Western Justice Center Foundation. The full-text of this paper can be accessed here. SAVE THE DATE The Ohio State Journal on Dispute Resolution presents: Listening to the World: New
Ideas for Resolving Identity-Based Conflict The Ohio State Journal on Dispute Resolution's annual symposium aims to bring comparative dispute system design to bear on addressing domestic conflict that implicates questions of race, ethnicity and other identity-group divides, especially in the area of police-community relations. The morning's panels will explore some of the underlying causes and manifestations of selected problems in our own communities. In the afternoon, conflict resolution experts from around the world will share experiences and offer ideas for improving dispute resolution institutions in the United States. For more information about this year's symposium click here, or you may contact Symposium Editors Laura Weidner or Michael Spencer. EDITORIAL INFORMATION Editors: Advisor: Send Comments To: |