WELCOMEThe Ohio State Journal on Dispute Resolution is pleased to bring you Volume 7, Issue 1 of the Mayhew-Hite Report on Dispute Resolution and the Courts. LEAD ARTICLEFor the lead article in this issue, the editor of the Mayhew-Hite Report interviewed Richard C. Daley, a Moritz College of Law faculty member who teaches Real Estate Development and Commercial Leasing. After 12 years of law firm private practice, Mr. Daley joined the Pizzuti Companies, a real estate development firm headquartered in Columbus, Ohio, as Executive Vice President and General Counsel. In this interview, Mr. Daley discusses his perspectives on dispute resolution as both attorney and developer. The full-text of this article can be accessed here. ARTICLE SUMMARYIn Arbitration's E-Discovery Conundrum: Dealing with Complex Evidence Problems in a Streamlined Process, Thomas L. Aldrich addresses the negative impact of massive discovery demands on arbitration proceedings and discusses what various arbitral institutions are doing to address this issue. A detailed summary of this law review article can be accessed here. CASE SUMMARYIn early 2008, the New Hampshire Superior Court ordered Nancy J. Lamarche and Stephanie A. McCarthy to mediate a personal injury claim that had arisen from a motor vehicle accident. Prior to beginning mediation, both parties were obligated to pay a $50.00 fee to the New Hampshire Office of Mediation and Arbitration ("OMA"). Both parties objected to the mandatory fee (and the possible sanctions for failure to pay) as unconstitutional and the trial court agreed. OMA subsequently appealed the decision. The case, Nancy J. Lamarche v. Stephanie A. McCarthy, was ultimately heard by New Hampshire Supreme Court, which determined that requiring a mandatory fee for alternative dispute resolution was not unconstitutional. A detailed summary of this case can be accessed here. STUDENT SPOTLIGHTIn Mediating Culture: Is Mediation an Appropriate Forum for Employment Discrimination Claims Despite Cultural Differences? Tiffany Smith argues that employers, employees, and mediators can overcome the challenges posed by cultural differences in mediations of employment discrimination claims. Tiffany identifies the issues associated with intercultural mediations, and then highlights two dispute resolution systems designed by specific cultural groups that account for their group's cultural norms, values, and interests. She then draws from those examples to identify the issues that should be addressed in mediating intercultural employment discrimination claims and argues that cultural differences do not eliminate the option of using mediation to resolve employment discrimination claims. Tiffany will receive her J.D., along with her Certificate in Alternative Dispute Resolution, in May of 2009 from the Ohio State University Moritz College of Law. After she takes the bar this summer, she will be joining the law firm of Akin Gump Strauss Hauer & Feld, LLP in Washington, D.C The full-text of this paper can be accessed here. EDITORIAL INFORMATIONEditor: Mark Decker, in collaboration with members of the Ohio State Journal on Dispute Resolution. Advisor: Professor Sarah R. Cole Send Comments To: |