The Ohio State University Moritz College of Law May 2010
ADR @ Moritz

Ryan Smith Wins 2010 Rogers Prize

Ryan Smith is the winner of the 2010 Nancy H. Rogers Prize in Dispute Resolution Scholarship for submitting the most outstanding paper on a dispute resolution topic. His paper, Good Faith a La Carte: A Cafeteria-Style Approach to Defining Participation Standards in Contractual Compulsory Mediation Clauses was judged the best by a committee of professors who teach ADR courses.

Joseph Lipps came in second place for his paper, The Path Toward A Federal Mediation Privilege: Approaches Toward Creating Consistency For A Mediation Privilege In Federal Courts.

Ryan’s paper on good faith presents a comprehensive list of alternative mechanisms that contracting parties can implement in order to encourage bilateral participation in mediation. The essay draws heavily from various statutes, court orders, and scholarly articles assessing proper participation standards in the context of publicly mandated mediation but Ryan focuses on how private contracting parties can ensure good faith bargaining.

Joseph’s paper on mediation privilege examines the federal courts’ varied and inconsistent interpretations of the existence of a mediation privilege and argues that this inconsistency hinders both the progress of mediation and the movement for consistency with the Uniform Mediation Act. Joseph advocates that the courts should adopt a mediation privilege in order to ensure predictability and integrity in the mediation process

The Rogers Prize was created in 1999 by an anonymous donor, with the stipulation that it be named in honor of Nancy H. Rogers. Each year, the award recognizes two students who, in the donor's language, "reflect the analytical rigor and intellectual breadth associated with highly-regarded scholarly contributions."

Of this year’s papers, Professor Rogers said, “I continue to be impressed with the research and writing of Moritz students as they advance the study of important issues in dispute resolution.”

For more information about the Rogers Prize, click here.

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(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.