The Ohio State University Moritz College of Law November 2011
ADR @ Moritz

ADR Faculty on the Move

The Moritz ADR Faculty has been very busy this year. In addition to their work in the classroom, several ADR faculty members have been travelling nationally and internationally, speaking and writing about dispute resolution.

Professor Joseph Stulberg, the John W. Bricker Professor of Law, recently travelled to Milwaukee, Wisconsin, to be the opening plenary panel presenter on a topic that was named after him: “Mediator Neutrality: The Lessons and Relevance of the Susskind-Stulberg Debate.” This panel, part of a Symposium on the future of court ADR, revisited the famous debate between him and Professor Larry Susskind on how and in what way mediators should influence the outcome of mediations, particularly with regard to third party interests. In front of an audience of court administrators, practicing mediators, and legal academics, Professors Stulberg and Susskind found that they are still as much on opposite sides of the debate as they were over 20 years ago. Professor Stulberg is preparing a piece for the Marquette Law Review related to this talk, tentatively titled “Must a Mediator Be Neutral? You Better Believe It!”, which gives an indication of where he stands on the issue.

In addition to his domestic travels, Professor Stulberg also traveled internationally to share his extensive experience in teaching mediation and negotiation. Over the summer he was in Beijing, China to discuss cross cultural negotiation as part of the Rethinking Negotiation Project, on a panel entitled “How Different is Different?” Teaching Persons to Negotiate Cross-Culturally” which examined the teaching pedagogy around cross-cultural negotiation. He is preparing a piece with the same name for publication next year. In September, he spoke at the 2nd Congress on Mediation and Courts in Recife, Brazil where he shared his thoughts on design components and strategies for conducting effective training for mediators.

Professor Amy Cohen has also been a frequent traveler this year, visiting 5 states in 8 weeks. Reporting on her work while on a Fulbright grant in West Bengal last year, she presented on Markets, Informalism, and the Politics of Buying and Selling Food in West Bengal at American University in Washington, D.C., in September and at the University of Oregon in October. She also presented the keynote address, Public Dispute Resolution and a Democratic Theory of Professional Facilitation, at Vermont Law School’s conference on mediation and public policy. In addition, she also has travelled to the University of Colorado School of Law and the University of Toledo College of Law to give presentations on ADR topics.

During the past summer, Professor Sarah Cole, the Squire, Sanders & Dempsey Designated Professor of Law and Director of the Program on Dispute Resolution at Moritz, traveled to Oxford, England, to teach in the Moritz College of Law’s Oxford summer program. She taught Comparative Dispute Resolution to thirty-five students from Moritz, the New England School of Law and the Nova Law School. As part of her class, students were able to learn from two terrific guest speakers: Paige Olson, Senior Counsel for the Disney Company, Motion Pictures Division, who spoke to the class about preparing to negotiate nationally and internationally in the entertainment business, and Nicholas Cotter, a partner in the London office of Jones Day, who spoke about international commercial arbitration. In addition to teaching the summer course, Professor Cole finalized an article that critiques the proposed Arbitration Fairness Act and considers the impact of recent Supreme Court jurisprudence on consumers’ ability to bring low value claims as class actions in court or arbitration. This article, entitled, “On Babies and Bathwater: The Arbitration Fairness Act and the Supreme Court’s Recent Arbitration Jurisprudence,” was recently published in volume 48, issue 3, of the Houston Law Review. Professor Cole also finalized work on the third edition of Mediation: Law, Policy & Practice which she co-authors with Nancy H. Rogers, Craig McEwen, Jim Coben and Peter Thompson. The third edition should be published by the end of 2011.

The Moritz College of Law is consistently ranked as a top 5 law school in Dispute Resolution, and the faculty is very active in contributions to dispute resolution scholarship. We are sure to see more traveling by faculty in the future.

Article by Professor Rishi Batra, Langdon Fellow in Dispute Resolution, Moritz College of Law.

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The Ohio State University
Moritz College of Law
55 West 12th Ave.
Columbus, Ohio 43210-1391
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Erin Archerd
Langdon Fellow in Dispute Resolution
(614) 688-4192
archerd.1@osu.edu

The Caucus, the newsletter published by the Moritz Program on Dispute Resolution, is designed to share ADR news with the Moritz community and beyond, as well as provide Moritz students with information regarding externship and employment opportunities. Questions regarding this publication should be directed to Erin Archerd, Langdon Fellow in Dispute Resolution.