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.

83 – Education

Elbert H. Aull IV, Note, Zero Tolerance, Frivolous Juvenile Court Referrals, and the School-to-Prison Pipeline: Using Arbitration as a Screening-Out Method to Help Plug the Pipeline, 27 Ohio St. J. on Disp. Resol. 179 (2012).
This note suggests that states use arbitration as a method to screen out frivolous juvenile court referrals from school-based incidents, establishing disciplinary review boards that would serve as a prophylactic measure to prevent zero tolerance policies from violating the constitutional rights of students.
Jennifer Gerarda Brown, Deeply Contacting the Inner World of Another: Practicing Empathy in Values-Based Negotiation Role Plays, 39 Wash. U. J.L. & Pol’y 189 (2012).
Role playing highly emotional value-based disputes in the classroom can help students explore the various levels of empathy necessary for successful negotiation. In the role play, students become emotionally invested and may adopt values different from their own. This exercise helps to broaden the students’ capacity for empathy, which shall prove useful in dispute resolution.
Clayton Cox, Note, Learning Together: Using ADR to Improve Communication and Collaboration in Education, 2012 BYU Educ. & L. J. 191 (2012).
This work examines the often tenuous relationships between school systems, employee unions, and families in the field of education negotiation. The author suggests increasing the use and scope of ADR to reach mutually beneficial agreements while dialing down the hostility often associated with education reform negotiations.

Sonja Kerr & Jenai St. Hill, Mediation of Special Education Disputes in Pennsylvania, 15 U. Pa. J.L. & Soc. Change 179 (2012)
When Congress passed the Individuals with Disabilities Education Act, it intended mediation to be the primary dispute resolution method. Yet, in Pennsylvania, lawyers are not allowed to participate in special education mediation. The authors argue that this ban harms parent interests because lawyers are essential for ensuring due process protection and protection against a power imbalance in the mediation process.
John Lande, New Directions in Negotiation and ADR: Teaching Students to Negotiate Like a Lawyer, 39 Wash. U. J.L. & Pol’y 109 (2012)
This article suggests ways instructors can improve and better teach negotiation classes. The article focuses on how to get students to think like negotiators, problems with the contemporary use of negotiation simulations, and ideas for overcoming those problems.

Bobbi McAdoo, Sharon Press & Chelsea Griffin, New Directions in Negotiation and ADR: It’s Time to Get it Right: Problem-Solving in the First-Year Curriculum, 39 Wash. U. J.L. & Pol’y 39 (2012)
This article suggests a new first-year course in ADR focusing on problem-solving. The article includes a course description and possible syllabus for such a course.

Stephan Sonnenberg & James L. Cavallaro, New Directions in Negotiation and ADR: Name, Shame, and Then Build Consensus? Bringing Conflict Resolution Skills to Human Rights, 39 Wash. U. J.L. & Pol’y 257 (2012).
Human rights and dispute resolution have been notoriously difficult to integrate. However, integration of the two disciplines could create better solutions to many complex human rights problems. Thus, students would benefit from education that incorporates elements of both.