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

Professor Stulberg Chairs Task Force on Arbitration Fairness Act

Professor Joseph B. Stulberg, John W. Bricker Professor of Law, with the able assistance of Moritz 2L Janice Kwon, served as chair of the Task Force for the Association for Conflict Resolution that examined the proposed Arbitration Fairness Act of 2009. Its 95-page study and recommendation was adopted unanimously by ACR in December 2009, a copy of which is available at www.acrnet.org. The general conclusions identify important fairness concerns regarding selected practices in “mandatory arbitration” but oppose the proposed legislative changes that render inoperative pre-dispute arbitration clauses for consumer, employment and civil rights cases.

Professor Stulberg worked with distinguished scholars and practitioners from around the country, including Richard Fincher, Managing Partner of Workplace Resolutions LLC in Phoenix, Arizona; Timothy Germany, M.S., Commissioner with the Federal Mediation and Conciliation Services of the U.S. Department of Labor in New York City; Marcia L. Greenbaum, a full-time arbitrator and mediator of labor and employment disputes with offices in Massachusetts; David B. Lipsky, Ph.D., Anne Evans Estabrook Professor of Dispute Resolution and the Director of the Scheinman Institute on Conflict Resolution at the School of Industrial and Labor Relations at Cornell University; Sharon Press, Associate Professor and Director of the Dispute Resolution Institute at Hamline University School of Law; James Rosenstein, a commercial mediator and public policy facilitator in private practice in Philadelphia.

When the task force began its work in 2009, members feared that the legislation would pass into law prior to the publication of their report. However, the bill is still pending. Currently, the bill is still with the House Subcommittee on Commercial and Administrative Law. To track the legislation, click here.

Professor Stulberg has been active on other fronts as well. In February, 2010, Professor Stulberg was a panelist at the ABA mid-year conference discussing Debatable Dilemmas: Real World Mediation Ethics for Litigators and Mediators, and in March, 2010 he conducted an advanced mediator training program for lawyer/mediators selected to serve on the panel of the mediation program of the U.S. District Court for the Western District of Michigan. In late April, he will deliver the key-note address at the state-wide mediation conference sponsored by the University of Montana’s School of Law. The title of his talk is: The Promise – and Dangers –…Mediation.

At Moritz, Professor Stulberg regularly teaches Legal Negotiations and the Multiparty Mediation Practicum. Recently, he has also taught in the Civil Law Practicum.

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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.