Upcoming ADR Events at Moritz

The Ohio State Journal on Dispute Resolution is pleased to announce the 2018 JDR Symposium entitled:  Communication in Crisis: Implementing ADR Strategies in Times of Civil Unrest.

This topic will delve into the ways in which alternative dispute resolution techniques can be utilized during periods of civil unrest.  Since a peaceful resolution is the goal, ADR tactics from the fields of mediation, conflict resolution, and negotiation can help further the resolution process.  The Symposium will be Friday, November 9, 2018.

132 – Confidentiality

Christoph Henkel, The Work-Product Doctrine as a Means Toward a Judicially Enforceable Duty of Confidentiality in International Commercial Arbitration, 37 N.C.J. Int’l L. & Com. Reg. 1059 (2012).
This article discusses the idea of confidentiality in arbitration. The author discusses the use of work-product doctrine as a way to help make disclosure in arbitration more predictable.
Susan Oberman, Confidentiality in Mediation: An Application of the Right to Privacy, 27 Ohio St. J. on Disp. Resol. 539 (2012).
This article locates the roots of confidentiality in mediation in the right to privacy. This article seeks to bring recognition to both the value and precariousness of confidentiality as an application of the right to privacy, while also exploring some complexities surround the decision to maintain it.

Stephanie Rubstello, Comment, Predictable Protection for Mediated Pendent State Claims: A Judicial Solution, 90 Or. L. Rev. 855 (2012).
In order for mediation to be a valuable solution to litigation, courts must provide privilege protections to the parties involved.  This article opens by discussing privilege law. It then addresses some of the privilege laws already in place in the context of mediation. The author concludes by pointing to judicial solutions for privilege issues in mediation.