Professors

Sarah Rudolph Cole

John W. Bricker Professor of Law; Director, Program on Dispute Resolution
Sarah Rudolph Cole
Contact Information:

(614) 688-4918 cole.228@osu.edu Drinko 302

Scholarship:

Curriculum Vitae Publications

Education:
  • B.A., University of Puget Sound, American History, 1986 (cum laude)
  • J.D., University of Chicago Law School, 1990 (cum laude)

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Areas of Expertise:
  • Alternative Dispute Resolution
  • Arbitration
  • Clinical Education
  • Labor and Employment
  • Mediation
  • Torts

In law school at the University of Chicago, Professor Cole was Editor-in-Chief of the University of Chicago Legal Forum and won the award for best paper written in the law school in 1990.  She graduated with honors.  Following law school, she clerked for the Hon. Eugene A. Wright of the United States Court of Appeals for the Ninth Circuit.

Professor Cole practiced labor and employment law with Heller, Ehrman, White & McAuliffe in Seattle and Seyfarth, Shaw, Fairweather & Geraldson in Chicago before joining the faculty at Creighton University School of Law. While at Creighton, and now at Ohio State, Professor Cole has focused her research on the legal and policy issues that have arisen as a result of the increased use of alternative dispute resolution (ADR).

She teaches primarily in the ADR area, but has also taught Torts, Labor Law, and Administrative Law. Professor Cole has published articles in U.C. Davis Law Review, Houston Law ReviewBYU Law Review, Georgia Law Review, Hastings Law Journal, the UNLV Law Review, and the Ohio State Journal on Dispute Resolution.

Professor Cole is co-author, with Professors Nancy H. Rogers, Craig McEwen, Jim Coben, and Peter Thompson of Mediation: Law, Policy and Practice (3d. ed. 2011), the leading treatise in the field of mediation, and co-author with Nancy H. Rogers, Frank Sander and Stephen Goldberg of Dispute Resolution: Negotiation, Mediation and Other Processes (7th ed. 2020), one of the leading dispute resolution casebooks in the country.

In 2020, she will publish with Oxford University Press, Discussions in Dispute Resolution, with Andrea Schneider and Art Hinshaw, eds. In 2019, she was named Michael E. Moritz Chair in Alternative Dispute Resolution and was previously the John W. Bricker Professor of Law.  In 2012, she also received the Alumni Award for Distinguished Teaching from the Ohio State University. In 2006, she became Director of the Program on Dispute Resolution.

She is past chair of the Dispute Resolution Committee for the AALS and a regular speaker on ADR topics at national meetings. She was a member of the academic advisory faculty that consulted with NCCUSL and the ABA regarding the drafting of the Uniform Mediation Act.

She is also on the panel of arbitrators for AAA, OCB, OCSEA, FINRA, OSTA, and SERB in Ohio.

Recent Citations

Professor Cole’s work was mentioned in two amicus curiae briefs filed in the U.S. Supreme Court in the case of Hall Street Associates v. Mattel. One brief was filed by the New England Legal Foundation and the other was filed by the Pacific Legal Foundation. Professor Cole was also cited in the Hall Street Associates reply brief.

Recent Publications

  • Sarah R. Cole, Everything Old is New Again (A Comment on Soia Mentschikoff’s Commercial Arbitration) (Oxford University Press, to be published 2020)
  • Sarah R. Cole, The Lost Promise of Arbitration, 70 So. Methodist L. Rev. 849 (2017) Sarah R. Cole, Curbing the Runaway Arbitrator in Commercial Arbitration: Making Exceeding the Powers Count, 68 ALABAMA L. REV. 179 (2016)
  • Sarah R. Cole, Blurred Lines: Are Non-Attorneys Who Represent Parties in Arbitrations Involving Statutory Claims Practicing Law? 48 U.C. DAVIS L. REV. 921 (2015)
  • Sarah R. Cole, Craig A. McEwen, Nancy H. Rogers, James R. Coben, and Peter N. Thompson, Where Mediation Is Concerned, Sometimes “There Ought Not To Be a Law!” 20 DISPUTE RESOL. MAGAZINE 34 (2014).
  • Sarah R. Cole, The Federalization of Consumer Arbitration: Possible Solutions, 2013 U. CHI. LEGAL F. 271 (2013)
  • Sarah R. Cole, On Babies and Bathwater: The Arbitration Fairness Act and the Supreme Court’s Recent Arbitration Jurisprudence, 48 Hous. L. Rev. 457 (2011)
  • Sarah R. Cole, Let the Grand Experiment Begin:  Pyett Authorizes Arbitration of Unionized Employees’ Statutory Discrimination Claims, 14 Lewis and Clark Law Review  861 (2010).
  • Sarah R. Cole and Kristen Blankley, Empirical Research on Consumer Arbitration,113 Penn State L. Rev. (2009).
  • Sarah R. Cole and Theodore Frank, The Current State of Consumer Arbitration, 15 Disp. Res. Mag. 30 (2008).
  • Sarah R. Cole, Revising the FAA to Permit Expanded Judicial Review of Arbitration Awards, 8 UNLV L. R. 214 (2007).
  • Sarah R. Cole and Kristen Blankley, Online Mediation, 38 U. Toledo L. Rev. 193 (2006).
  • Sarah R. Cole, Protecting Confidentiality in Mediation: A Promise Unfulfilled? 54 Kan. L. Rev. 1419 (2006).
  • Sarah R. Cole, Unauthorized Practice of Law Charges: A Risk for Lawyers Representing Clients in Mediation and Arbitration in a Multijurisdictional Practice Environment, 13 Disp. Res. Mag. 26 (Fall 2006).
  • Sarah R. Cole, Fairness in Securities Arbitration: A Constitutional Mandate?, 26 Pace L. Rev. 73 (2006).
  • Sarah R. Cole and Kristen M. Blankley, Arbitration Chapter for The Handbook of Dispute Resolution, Bob Bordone and Michael Moffitt, eds. (2005).
  • Sarah R. Cole, Mediator Certification, 11 Disp. Res. Mag. 7 (2005).
  • Sarah R. Cole, Arbitration and State Action, 2005 BYU L. Rev. 1 (2005).
  • Sarah R. Cole and E. Gary Spitko, ADR and the Batson Principle, 38 Georgia L. Rev. 1145 (2004).
  • Sarah R. Cole, Updating Arbitrator Ethics, 10 Disp. Res. Mag. 24 (Summer 2004).