The Caucus

December 2015

The Caucus, the newsletter published by the Moritz Program on Dispute Resolution, is designed to share ADR news with the Moritz community and beyond.  Questions regarding this publication should be directed to William Froehlich, Langdon Fellow in Dispute Resolution.

Headlines

Schwartz Lecture with Theodore St. Antoine set for April 5, 2016

At noon on April 5, 2016, esteemed labor arbitrator and University of Michigan Law Professor Emeritus Theodore St. Antoine will deliver Moritz’s Schwartz Lecture on Dispute Resolution.  Professor St. Antoine will discuss current issues in labor arbitration in his address titled “Labor and Employment Arbitration Today: A Midlife Crisis or New Golden Age?”  Look for more details in 2016!

The Schwartz Lecture on Dispute Resolution was established in 1992 as a result of the generosity of the late Stanley Schwartz Jr. (a 1947 Moritz College of Law graduate) and the Schwartz family. Each lecture is published in the interdisciplinary Ohio State Journal on Dispute Resolution, in keeping with Mr. Schwartz’s interest in the promotion of scholarly publication in the area of dispute resolution.At noon on April 5, 2016, esteemed labor arbitrator and University of Michigan Law Professor Emeritus Theodore St. Antoine will deliver Moritz’s Schwartz Lecture on Dispute Resolution.  Professor St. Antoine will discuss current issues in labor arbitration in his address titled “Labor and Employment Arbitration Today: A Midlife Crisis or New Golden Age?”  Look for more details in 2016!

2015 Lawrence Lecture: Tales of the Master Negotiator, Roy J. Lewicki

Holly B. Cline

At first glance, haggling for vegetables at a market, the culture of the Grand Bazaar in Istanbul, antique clock collecting, minivan shopping, and a conflict with a neighbor about underground plumbing may not appear to have a whole lot in common. At the 2015 Lawrence Lecture “Tales of a Master Negotiator: The Challenges of Moving Theory Into Practice,” OSU Fisher College of Business Professor Emeritus Roy J. Lewicki shared how these diverse life experiences have helped him become the “master negotiator” that he is today.

On September 22, 2015, more than one-hundred students, faculty and friends of  The Ohio State University Moritz College of Law gathered during lunch to hear Professor Lewicki discuss and reflect on his experience as a negotiator and the practical ways in which he has mastered negotiation theory. In setting forth six negotiation lessons—apprentice to the masters; beware of your assumptions; manage (and train) your team; learn when to NOT negotiate; remember to “go to the balcony” and focus on interests; and capitalize on your learned expertise through preparation—Professor Lewicki shared anecdotal and entertaining stories highlighting how he learned these six lessons the “hard way.”

In his lecture, Professor Lewicki advised students interested in Mortiz’s Program on Dispute Resolution that when trying to buy a car or haggling over the price of vegetables in the marketplace, competitive behavior carries little potential downside because no long-term relationship is at stake. To get the best agreement in such exchanges, Professor Lewicki instructed that one should expect a lot, give up little, and show you are willing to walk away.

However, in other negotiation situations, such as visiting the Grand Bazaar in Istanbul or resolving a dispute with a neighbor, hospitable and cooperative behavior is necessary to build a good reputation that, together with trust, is critical to effective negotiations and the maintenance and development of strong  relationships.

During his lecture, Professor Lewicki explained that inside of Istanbul’s Grand Bazaar, where the prices of items are not posted, the store owner defers immediate business with hospitality—often by sharing a nice cup of tea and talking with the customer. The shop owner makes an effort to build a relationship with the customer, and, once a customer expresses interest in an item, the shop owner can discuss the terms of sale as the customer’s friend. Thus, Professor Lewicki concluded, immediately employing a competitive haggling strategy will likely result in an unsuccessful negotiation—and expensive price—for the customer.

After sharing his experience at the Grand Bazaar in Istanbul, Professor Lewicki advised students to explore the other party’s perspective with questions designed to reveal his or her needs and interests, noting that it is “very much to your advantage to understand what the other party really wants.” He also recommended focusing on the other side’s strategy and tactics, pointing out that “although it is unlikely the other party will reveal his or her strategy outright—particularly if he or she is intending to use distributive tactics—you can infer this information.”[1]

Professor Lewicki’s lecture was presented by The Ohio State University Moritz College of Law Program on Dispute Resolution, and the lecture’s namesake, James K.L. Lawrence ’65, a member with Frost Brown Todd in Cincinnati who has practiced labor-relations and employment law for more than 30 years.

[1] See Lewicki, Roy J., David M. Saunders, and John W. Minton, Essentials of Negotiation, 6th ed., (New York: McGraw-Hill/Irwin, 2013).

Mental Health & Mediation

Cory Martinson

On Friday, October 2, The Ohio Mediation Association held a meeting at The Ohio State University’s Moritz College of Law. OSU College of Nursing Emeritus Professor Jeanne Clement discussed how to relate to individuals with mental illness during mediation. Professor Clement’s accomplishments over a more than fifty year career in the field of psychiatric nursing and mental health are too numerous to name and she has been a part of countless mediations involving individuals with mental illnesses. She facilitated discussion focused on common issues, such as capacity, which mediators may encounter while conducting a mediation involving at least one mentally ill participant.

Professor Clement recognized that while some individuals with mental illnesses must be treated as “special” cases in the mediation setting, she also stressed that many participants with mental illnesses are capable of partaking in the mediation process. She suggested that there are a variety of steps a mediator could take depending on the type, severity, and symptoms of the participant to better prepare the participant for mediation.  Thorough mediator preparation will give participants a chance to fruitfully participate in mediation and  develop a durable agreement.

In addition to the issue of capacity, mediators may encounter participants with mental illness who need help maintaining focus, listening, communicating, or understanding the material. Mediators may also fear that any agreement, if reached, may not be followed. However, these issues are not unique to participants with mental illnesses. More importantly, in many cases, all of these issues can be abetted—if not remedied—through proper preparation on behalf of all parties involved in the mediation, including rigorous preparation and patience on the mediator’s behalf.

Professor Clement stressed that mediators should not allow the stigmas often associated with mental illness to lead to a presumption that participants with a mental illness will not be successful in mediation. Her message reinforced the notion that mediation is a process designed to give all participants a voice. While mediation involving one or more participants who are dealing with the effects of a mental illness may require additional patience and preparation, in most cases, this should not prohibit a mediator’s ability to facilitate the process.

Lawrence Competition a Success—Four Students at Regionals

Between October 5 and 8, 2015, nearly seventy Moritz students participated in the annual Lawrence Negotiation Competition.  Special thanks to Moritz’s Moot Court Governing Board for arranging competition logistics and to all of the local practitioners who volunteered to judge this year’s competition.

Congratulations to the wining team, Pat Schlembach & Trenton WeaverRobert Southers & Carol Walden claimed second place.  On November 13 and 14 two teams (Robert Southers & Carol Walden and Tyler Blair & Tyler Hall) traveled to Chicago with coach Luke Fedlam (’13) where they admirably represented Moritz at the ABA’s Midwestern Regional Negotiation Competition.

Truancy Mediation Project Resumes at Local Schools

Moritz’s Truancy Mediation Project (TMP) facilitated this year’s first truancy mediation cases on November 5 at West High School.  TMP law student mediators work with students, parents and school officials with the goals of fostering clearer expectations between schools and families, helping to generate ideas that will help students and their families prioritize school attendance, and, ultimately, reduce absences in schools.  West High School—part of the Columbus City School District—has one of the highest truancy rates in the district.  TMP student mediators will continue to mediate at West and other local schools throughout the school year.

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 Program on Dispute Resolution 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.

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.

Mayhew-Hite Report

The Mayhew-Hite Report is a quarterly report focused on dispute resolution developments across the nation. It is run by the editors and staff of the Ohio State Journal on Dispute Resolution.

Indisputably

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

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.

 

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