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The Schwartz Lecture on Dispute Resolution was established in 1992 as a result of the generosity of the late Stanley Schwartz Jr. (a 1947 Moritz College of Law graduate) and the Schwartz family. Each lecture is published in the interdisciplinary Ohio State Journal on Dispute Resolution, in keeping with Mr. Schwartz’s interest in the promotion of scholarly publication in the area of dispute resolution. 

 

Mediation and the Rule of Law: Compatible or Conflicting? featuring Professor Joseph B. (Josh) Stulberg, Emeritus Moritz Chair in Alternative Dispute Resolution, The Ohio State University Moritz College of Law. A recording of the 2021 Schwartz lecture is available on the Moritz College of Law YouTube channel.

 

State court systems have strongly encouraged litigants and their counsel to utilize ADR processes to resolve their contested claims.  In some jurisdictions, there is a presumption that mediation will be used to resolve or narrow contested claims before a trial can proceed.  Is this movement consistent with our governing aspiration to ensure each citizen access to a justice experience that is compatible with the rule of law?

 

In this lecture, Professor Stulberg examines various fundamental norms of mediation and rule of law processes and assesses their compatibility or conflict, and then suggests how crucial yet exaggerated claims of ADR proponents can be suitably strengthened to support the requirement of  “presumptive mediation’s” use in our system of justice.

 

  • 2020: “The Key to the Diversity Paradox in International Arbitration,” Professor Catherine Rogers, Penn State Law & Queen Mary, University of London. 

  • 2018-19: “Pass-the-Trash: How Universities Use Non-Disclosure Agreements to Protect Sexual Predators,” Professor Julie Macfarlane, University of Windsor. 

  • 2017-18: “Grieving Over Settlement: The Impact of Loss in Legal Negotiation,” Professor Dwight Golann, Professor of Law, Suffolk University. 

  • 2016-17: “Access to Justice, ADR and the Erosion of Consent” Jacqueline Nolan-Haley, Professor and ADR & Conflict Resolution Program Director, Fordham Law School. 

  • 2015-16: “Labor and Employment Arbitration Today: A Midlife Crisis or New Golden Age?” Theodore St. Antoine, James E. & Sarah A. Degan Professor of Law Emeritus at the University of Michigan. 

  • 2014-15: “The Next Generation’s Voice: Conflict and Democracy,” Lisa Blomgren Amsler, Professor and Keller-Runden Chair in Public Service at the Indiana University School of Public and Environmental Affairs. 

  • 2013-14: “Reducing Polarization: Whose Job Is It?” Nancy Hardin Rogers, former Ohio Attorney General and Professor Emeritus and Emeritus Moritz Chair in Alternative Dispute Resolution, The Ohio State University Moritz College of Law. 

  • 2012-13: “Error Correction and the Supreme Court’s Arbitration Docket,” Christopher R. Drahozal, Associate Dean for Research & Faculty Development John M. Rounds Professor of Law, The University of Kansas School of Law. 

  • 2011-12: “Negotiating in the Shadow of Organizations: Doing Well by Doing Good,” Deborah M. Kolb, Deloitte Ellen Gabriel Professor for Women and Leadership (Emerita) and Distinguished Research Fellow, The Center for Gender in Organizations at the Simmons School of Management. 

  • 2010-11: “The Timing of Truth, Reconciliation and Justice After War,” John Braithwaite, Australian Research Council Federation Fellow. 

  • 2009-10: “Making Deliberative Democracy Practical: Public Consultation and Dispute Resolution,” James Fishkin, Stanford University. 

  • 2008-09: “Never Say No: The Law, Economics and Psychology of Counteroffers,” Ian Ayres, William K. Townsend Professor, Yale Law School. 

  • 2007-08: “Deliberative Democracy and Dispute Resolution,” Lawrence Susskind, Ford Professor of Urban and Environmental Planning at MIT, Vice-Chair for Instruction at the Program on Negotiation at Harvard Law School, Founder, Consensus Building Institute. 

  • 2006-07: “Good Lawyers Should be Good Psychologists: Insights for Interviewing and Counseling Clients,” Jean R. Sternlight, Saltman Professor of Law and Director, Saltman Center for Conflict Resolution at the University of Nevada Las Vegas William S. Boyd School of Law. 

  • 2005-06: “Developing the MRI (Mediation Receptivity Index),” Frank E.A. Sander, Bussey Professor of Law at Harvard College. 

  • 2004-05: “Mercy, Clemency, and Capital Punishment: Two Accounts,” Austin Sarat, Professor of Law at Amherst College. 

  • 2004-05: “Psychological Impediments to Mediation Success: A Theoretical Look at Practical Problems,” Russell Korobkin, Professor of Law at UCLA. 

  • 2003-04: “Strategic Mediation,” Francis McGovern, Professor of Law at Duke University. 

  • 2002-03: “Gender, Human Rights, and Peace Agreements,” Christine Chinkin, Professor of Law at the London School of Economics. 

  • 2001-02: I. William Zartman, Jacob Blaustein Professor of International Organization and Conflict Resolution, and Director of African Studies and Conflict Management Programs at Paul H. Nitze School of Advanced International Studies (SAIS), Johns Hopkins University. 

  • 2000-01: Dorothy Wright-Nelson, United States Court of Appeals for the Ninth Circuit. 

  • 1999-2000: Carrie Menkel-Meadow, Professor of Law, UCLA School of Law. 

  • 1998-99: Craig A. McEwen, Daniel B. Fayerweather Professor of Political Economy and Sociology at Bowdoin College. 

  • 1996-97: Robert A. Baruch Bush, Rains Distinguished Professor of Alternative Dispute Resolution Law, Hofstra Law School. 

  • 1995-96: Jack B. Weinstein, Senior United States District Judge, Eastern District of New York. 

  • 1994-95: Judith Resnik, Orrin B. Evans Professor of Law, University of Southern California. 

  • 1993-94: Laura Nader, Professor of Anthropology, University of California at Berkeley. 

  • 1992-93: Robert Mnookin, Director, Stanford Center on Conflict and Negotiation.