Welcome

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 14, Issue 1, of the Mayhew-Hite Report on Dispute Resolution and the Courts.  

Associate Dean Christopher M. Fairman's unexpected passing on July 22, 2015, sparked a warm conversation within the Moritz College of Law community about his scholarly credentials, exceptional generosity and considerate empathy.  Moritz hosts a memorial for Dean Fairman at 4:30 on Monday September 21.  This edition of the Mayhew-Hite Report is one small effort to preserve and recognize Dean Fairman’s legacy.

Dean Fairman's memorial website is filled with warm reflections from colleagues and former students.  Recent graduate Meagan Woodall (Moritz '15) discussed his “phenomenal” appellate advocacy coaching skills.  Moritz Professor Joshua Dressler extolled the "enormous" time Dean Fairman spent "caring for his students."  Yale Law Professor Daniel Markovits—one of Dean Fairman’s former McCallum High School students (Dean Fairman taught high school history prior to attending law school at the University of Texas)—wrote “Mr. Fairman’s charisma had extraordinary roots: never in his regard for himself, but always in his deep interest in and regard for his students. To be taught by Mr. Fairman was to be listened to — seriously, intently, steadfastly, critically, and sympathetically.”  His former McCallum High principal, Penny Miller, added Dean Fairman was an "outstanding, creative, caring, and a team player . . . .  After observing his teaching, I always left wishing I could stay longer."

To create Volume 14, Issue 1 of the Mayhew-Hite Report, we asked several Moritz Program on Dispute Resolution Faculty to contribute a short comment about one aspect of their work with Dean Fairman.  First, Professor Ellen Deason shares a memorable story about a jig-saw puzzle Dean Fairman managed to incorporate into civil procedure classes.  Professor Josh Stulberg, Professor James Lawrence and Professor Emeritus Nancy Rogers provide different perspectives regarding Dean Fairman’s contribution to collaborative law.  Finally, Program on Dispute Resolution Director Sarah Cole and Former Langdon Fellow in Dispute Resolution Rishi Batra (now at Texas Tech) both reflect on their relationship with Dean Fairman.

The Missing Piece

Ellen E. Deason[1]

One of the remarkable things about Chris Fairman was the striking range of subjects on which he published. He made contributions in multiple fields:  Civil Procedure (most notably on heightened pleading), First Amendment (his famous work on taboo language), Dispute Resolution (collaborative law, good faith requirements), and Attorney Ethics.

His broad interests were also apparent in his personal life; one way he expressed them was through his penchant for collecting. This enthusiasm was part of what made him such an interesting friend. As we remember and celebrate Chris, I’d like to contribute a few anecdotes about this side of his personality.

Chris collected many things. Part of his devotion to sartorial excellence was apparent in his magnificent collection of silk pocket squares. In stark contrast, he also had an interest in strange anthropological artifacts. I remember his great glee as he once showed me a picture of a shrunken head he had purchased to display in his house. More conventionally, he entertained many with the collection of Supreme Court Justice bobble-head dolls that he kept in his office. We had fun discussing which were the most realistic likenesses and speculating on the meanings of the symbolic items that accompany each doll. And, ever the devoted teacher, he collected things that related to the cases he taught, which was part of his way of making the material memorable for students.

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Professor Fairman and ADR: Roads Yet to Explore

Joseph B. Stulberg[1]

To have been a friend of Chris Fairman is to have belonged to a large, non-exclusive group.  Each interaction with Chris made one a better person.  His loss is profound at multiple levels - and in ways that continue to surprise.

He came to his scholarship in alternative dispute resolution (ADR) grounded in his strong interest in professional responsibility and lawyering.    I have to believe that we could have tapped him to combine his recent passion about how words matter with those prior interests that would have led to his helping us gain a better understanding of – and sharpen our practices in – multiple ADR processes.  I want to focus on one possible path.

Chris’s entry into ADR scholarship targeted collaborative law.  In particular, he focused on whether or how it was possible for a lawyer to discharge her professional responsibilities while framing her representation role within the obligations of the participation agreement to which all collaborative law participants, including lawyers, pledge loyalty.  Here is Chris’s wonderful description of the challenge:

Collaborative law’s unique twist is that everyone agrees in advance that the lawyers participate solely for settlement purposes and cannot represent either party in litigation….[2]

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Reflections on Professor Chris Fairman

James K. Lawrence[1]

Professor Fairman constantly made himself accessible, was genuinely interested in my teaching and writing, and was enthusiastically constructive in his advice and counsel.   In 2001, for example, I sought his advice on a JDR article on collaborative lawyering.  His insights were valuable.  Following publication in 2002, Sandra Beckwith, then a U.S. District Court Judge, and Sherri Goran Slovin wrote a critical response to my piece.  Chris took up the challenge and wrote a third offering so that the developing research on ethical standards and collaborative lawyering would be widely vented.[2]

Chris discerned that our disagreement – a “sharp split in ethical perspective”[3] – lay “within the context of the larger on-going  conversation on the merits of different ethical guidelines for ADR participants.”[4] The disagreement Chris found in the two articles he reviewed should lead the way to development of separate ethical rules.  Chris most kindly noted that I “stop{ped} short of advocating a separate ethical code for collaborative lawyers.[5]  He concluded:   “It is time to don a new hat.”[6]   Our collaboration permitted my early views and those of the developing CL community to jell.  My reflection on our interaction serves only to underscore his love of learning, sharing, and collaborating toward improving critical thinking, the ethics of legal practice and our profession.

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A Legacy of Value “Hats” for “New Heads”: The Scholarly Tenets Implicit in Professor Fairman’s Collaborative Law and Ethics Scholarship

Nancy H. Rogers[1]

A set of beliefs about how scholars best contribute to improving dispute resolution permeates Professor Chris Fairman’s writings on the shortcomings of applying existing legal ethics rules to the new process of collaborative law.   As with so much of what we admire and will dearly miss in Professor Fairman’s teaching, service and life at the Moritz College of Law, his pronouncement and application of this set of scholarly values serves as a legacy that can guide future dispute resolution scholars.

Scholars should endeavor to provide a simple yet precise explanation of even a complex subject.  Though an expert in the complexities of both professional responsibility and collaborative law, Professor Fairman described the complicated concepts so that readers could grasp them quickly:

In collaborative law, lawyers encourage the parties to engage in joint problem solving as opposed to a traditional adversarial role. The heart of collaborative law is a written participation agreement where the parties agree not to go to court for resolution of the dispute during the collaborative process. If a party seeks judicial intervention, the agreement requires that counsel for all parties must withdraw from further representation.[2]

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Chris Fairman – Friend, Teacher, Scholar

Sarah Cole[1]

I still cannot believe that Chris is gone.  Only days before he passed, Chris and I were working collaboratively on an administrative issue related to the dispute resolution program.  When I asked Chris if he had time to discuss the issue, he said, “of course.”  He listened and thoughtfully responded to my concerns.  He also raised new questions that I had failed to consider.  As always, he was an excellent listener who carefully thought through problems until we developed a solution that worked for those involved.   Whether working as an administrator or colleague, Chris had an innate capacity to identify and develop viable compromises that addressed the relevant interests.

I also admired his work as a teacher.  I was so pleased when he chose to develop a seminar that explored his interest in the intersection of ethics and dispute resolution.  The result, “Ethics and ADR”, was extraordinarily popular.  I have learned in speaking with Chris’s students that his knowledge of the topic was unparalleled and his willingness to work with students to develop paper topics and execute their plans was legendary.  More than one student from Chris’s seminar went on to win our Rogers Prize in Dispute Resolution (given to the student writing the best dispute resolution paper in the law school during a calendar year).  In fact, our latest winner, Collin Flake, honed his writing skills in Chris’s seminar, penning an article on the ethics of third party funding in arbitration that was immediately snapped up for publication in the American Arbitration Association’s Dispute Resolution Journal.  Chris was rightfully proud of his student’s excellent work.

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Chris Fairman: A Remembrance

Rishi Batra[1]

Chris Fairman exemplified what it meant to be a generous mentor and colleague to junior faculty members.  In the Fall of 2011 I was in the second year of my Fellowship at Moritz, and going on the hiring market for academics for the first time.  I was nervous, since I had heard the words “Wardman Park” and “hot seat” and other arcane and mysterious words about the hiring process, but had no idea what they meant.  That year, Chris was the head of the hiring committee, as he was for many years due to the respect that his colleagues had for him.  I was hoping to go to him to get a few tips on how I might do well in the initial screening interviews that take place in DC seeing as he had experience conducting them for the school.

I remember asking for a few minutes of his time and thinking I would maybe get to ask a few questions.  Chris, as was his way, turned this in to so much more.  First, Chris actually apologized to me for not knowing that I was on the market that year, and seemed to feel it was his fault he had not known or prepared me up until now.  Even though he had no official responsibility for me or my career during my time at Moritz, he felt it was his responsibility as a senior colleague to do all he could to help me.  Then, instead of just answering a few questions, he spent that whole afternoon working with me to make me the best candidate I could be for the job market.

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ARTICLE SUMMARY

This special edition does not include article or case summaries.

CASE SUMMARY

This special edition does not include article or case summaries.

HEADLINE NEWS

  • Publications and Presentations—A Sampling of Faculty Scholarship from 2015

    Moritz’s Dispute Resolution faculty continue to contribute meaningful scholarship advancing academic dialogue in alternative dispute resolution.  In Mediator Misunderstanding of Bargaining Basics:  Heading in an Ugly Direction, as published in the Cardozo Journal of Conflict Resolution, Professor Josh Stulberg suggests a mediator who privileges an interest-based bargaining approach undercuts “party self-determination and may systematically reinforce social inequalities.”[1]   Professor Sarah Cole discusses the need for “more frequent legal representation in arbitration” because of the increase in arbitral adjudication of statutory claims in her article titled Blurred Lines: Are Non-Attorneys Who Represent Parties in Arbitrations Involving Statutory Claims Practicing Law?  Professor Cole’s article was recently published in the University of California Davis Law Review.[2] 

    Additional scholarship is in the queue.  Professor Emeritus Nancy Rogers expects to publishWhen Conflicts Polarize Communities: Designing Localized offices that Intervene Collaboratively in the Ohio State Journal on Dispute Resolution.  Professor Ellen Deason’s Article Enforcement of Settlement Agreements in International Commercial Mediation: A New Legal Framework? is forthcoming in Dispute Resolution Magazine.  Professor Amy Cohen anticipates publishing On Compromise, Negotiation, and Loss in the American Society for Political and Legal Philosophy’s publication NOMOS and expects her 2012 article ADR and Some Thoughts on the Social will be reprinted in Contemporary Legal Thought.

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  • Alumni win Prestigious Dispute Resolution Awards

    In June 2015 The American Lawyer announced winners of its Transatlantic Legal AwardsStephen Anway (’02) was awarded the Transatlantic Arbitration Award in part for winning a “significant arbitration victory for the Slovak Republic” defending the government’s plans for a public health insurance system.  According to The American Lawyer’s announcement, arbitration panel determined “foreign investors are not empowered to interfere in the legislative processes of a democratic nation” and awarded the Slovak Republic more than $1 million in legal costs.  Anway is a partner with Squire Patton Boggs.[1]

    The American Bar Association Section of Dispute Resolution announced Brian Kelso’s (’15) essay Drawing Outside the Lines:  Utilizing International Approaches to Resolve Due Process Concerns in Med-Arb was judged an Honorable Mention by the 2015 James Boskey Judging Committee.  The Boskey competition is designed to generate interest in dispute resolution among law students.  In September Kelso’s essay will be published on the ABA’s Dispute Resolution website.  Kelso is the sixth Moritz alum to win or receive honorable mention in the Boskey competition.  Fellow Moritz graduates include Michelle Robinson (’06), Kristen Blankley (’04), Stephen Anway (’02), Alyssa Shenk (’02) and Rene Rimelspach (’01).

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  • Roy Lewicki to Deliver the Annual Lawrence Lecture on September 22

    Moritz is not the only College at The Ohio State University with renowned alternative dispute resolution faculty.  On September 22 Professor Roy J. Lewicki will travel across campus from the Max M. Fisher College of Business to deliver this year’s Lawrence Lecture.

    Scheduled for September 22 at noon in Room 344, Professor Lewicki’s presentation is titled Tales of a Master Negotiator: The Challenges of Moving Theory into Practice.  Professor Lewicki will discuss his experience as a negotiator and the practical consequences of negotiation theory.  He will tell tales of his experience as a dispute resolution practitioner and scholar.  To register for this event, click here.

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  • Moritz Memorial Service for Dean Chris Fairman Scheduled for September 21 at 4:30

    Christopher M. Fairman, the Associate Dean for Faculty and the C. William O’Neill Professor in Law and Judicial Administration at The Ohio State Moritz College of Law, died of cardiac arrest on Wednesday, July 22. He was 54.

    The September 2015 issue of the Mayhew-Hite Report pays a small tribute to Dean Fairman’s contribution to faculty and students at Moritz.  The Ohio State law community with celebrate Dean Fairman’s life at 4:30 p.m., September 21 in Saxbe Auditorium.  For more information or to reflect on Dean Fairman’s profound legacy, please visit Mortiz’s memorial page.

EDITOR'S CORNER

Editor’s Note

Hello and welcome to a new year of the Mayhew-Hite Reporter. My name is Kelli Jo Amador, and I am the Mayhew-Hite editor for the upcoming year. We begin this year with a somber, and somewhat unusual, edition of the Mayhew-Hite: a memorial edition honoring the passing of beloved Moritz Professor, Dean Christopher M. Fairman, who left us unexpectedly this past summer. This edition contains not one main ADR article, but contributions from students, colleagues, and peers of Dean Fairman sharing their experiences of his life.

It is my sincere hope that those who knew Dean Fairman will find comfort and joy in reading about Dean Fairman’s life and works. I look forward to serving as the Mayhew-Hite reporter editor for the coming year, and encourage those interested to continue reading.

STUDENT SPOTLIGHT

Words From Latino Law Student Association, Past and Present Members

One of the many ways Dean Fairman gave back to the Moritz community and preserved his own cultural heritage, was by serving as the Faculty Advisor for the Latino Law Students Association. Despite his many other commitments, Dean Fairman made it a point to make it to all of the LLSA functions he was invited to—be it a happy hour, an organizational meeting, or a quick lunch at La Plaza. His investment in student diversity enrichment was evident in his genuine desire to know and support each LLSA member. He was always receptive to student voices, and allowed the students to shape the organization in their own vision each year. When he needed to, he gave valuable guidance—he encouraged outreach to LLM students, candidly provided advice on transitions and governance, and suggested networking resources.

Beyond being a wonderful advisor, Dean Fairman’s lasting legacy to the organization and its members was his personality. His passion shined through in all he did. He was an animated speaker, but also a deeply receptive listener who enhanced every conversation he entered. He made all students feel welcome and valued, and saw the potential in each of them as well as in the organization itself. Most of all, he cared deeply about every student he worked with and every project he embarked on, and he went above and beyond to support LLSA. Our organization and all of its members—past, present, and future—are better for having Dean Fairman’s influence and example. He will be dearly missed.

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