Codifying Mediation 2.0

February 5, 2010 | Barrister Club
The Ohio State University Moritz College of Law

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The Uniform Mediation Act (UMA), now enacted in 11 jurisdictions, covers mediation privilege, reports to the trier of fact, mediator conflict of interest, and right to be accompanied by counsel or other persons. The UMA left for another time issues of law that include limits on the authority to require parties to act in ways that stimulate settlement. That includes the extent to which courts should compel participation in mediation and how that required participation is defined; the appropriateness of mediation by the judge assigned a case for trial; the authority of the court to compel payment of mediators; and the regulation of private mediators who receive court or public agency referrals. Some of these issues would be appropriate for a model rule of procedure or ethics rule, rather than a statute. Most are limited to the public context, that is to a court or administrative agency mediation program.

This year’s day-long roundtable will examine these remaining issues. Should the rules of civil procedure be amended to provide a uniform approach? Would it be more appropriate for some or all of the issues to amend existing statutes, such as the Federal Dispute Resolution Act or the Uniform Mediation Act?

The roundtable will be followed by a paper symposium issue of the Ohio State Journal on Dispute Resolution. For further information, please contact Alexandra Dattilo at dattilo.5@osu.edu or Catherine K. Wong at wong.291@osu.edu.

Where to Stay
For information on lodging in downtown Columbus near the conference, please contact the Greater Columbus Convention and Visitors Bureau at (800) 354-2657 or visit www.experiencecolumbus.com.

Where to Go
All conference events will take place in the Barrister Club, located at Drinko Hall Barrister Club, 25 West 11th Avenue, Columbus, Ohio. (Get Directions)

Where to Park
Parking is available at the Gateway Parking Garage located directly across the street from the Barrister Club. For more information, please visit www.southcampusgateway.com.

Special Accommodations
The Ohio State Journal on Dispute Resolution would like to do everything within its power to satisfy the needs of each symposium participant. Please inform us of any special accommodations requests at (614) 292-7170 as soon as possible.

Cancellation Policy
Registrations cancelled by February 3, 2010, will receive a 50 percent refund by mail. Registrants unable to attend the symposium may designate a substitute.

Past Symposiums

• 2009 - The Future of ADR: Incorporating Dispute Resolution Into Society
• 2008 - The Second Generation of Dispute System Design: Reoccurring Problems and Potential Solutions
• 2007 - Alternative Dispute Resolution in End of Life Decisions
• 2006 - Listening to the World: New Ideas for Resolving Identity-Based Conflict
• 2005 - The Collision of Two Ideals: Legal Ethics and the World of Alternative Dispute Resolution