September 2015

September 2015

The Caucus, the newsletter published by the Moritz Program on Dispute Resolution, is designed to share ADR news with the Moritz community and beyond.  Questions regarding this publication should be directed to William Froehlich, Langdon Fellow in Dispute Resolution.


Moritz Memorial Service for Dean Chris Fairman Scheduled for September 21 at 4:30

Christopher M. Fairman, the Associate Dean for Faculty and the C. William O’Neill Professor in Law and Judicial Administration at The Ohio State Moritz College of Law, died of cardiac arrest on Wednesday, July 22. He was 54.

The September 2015 issue of the Mayhew-Hite Report pays a small tribute to Dean Fairman’s contribution to faculty and students at Moritz.  The Ohio State law community with celebrate Dean Fairman’s life at 4:30 p.m., September 21 in Saxbe Auditorium.  For more information or to reflect on Dean Fairman’s profound legacy, please visit Mortiz’s memorial page.

Roy Lewicki to Deliver the Annual Lawrence Lecture on September 22

Moritz is not the only College at The Ohio State University with renowned alternative dispute resolution faculty.  On September 22 Professor Roy J. Lewicki will travel across campus from the Max M. Fisher College of Business to deliver this year’s Lawrence Lecture.

Scheduled for September 22 at noon in Room 344, Professor Lewicki’s presentation is titled Tales of a Master Negotiator: The Challenges of Moving Theory into Practice.  Professor Lewicki will discuss his experience as a negotiator and the practical consequences of negotiation theory.  He will tell tales of his experience as a dispute resolution practitioner and scholar.  To register for this event, click here.

Professor Lewicki is a leading scholar in the study of trust development and trust repair, negotiation and conflict management processes.  He is the author or editor of 36 books, including Negotiation (Lewicki, Saunders and Barry, 2014) and Essentials of Negotiation, (Lewicki, Barry and Saunders, 2015)–the leading academic textbooks on negotiation—and Mastering Business Negotiations (Lewicki and Hiam, 2007), a book for managers.

Companies such as Nationwide, Nestle, Limited Stores, OM Scott, Corna Kokosing, American Electronic Power, Siemens, Tosoh, The Richard M. Ross Heart Hospital and The Ohio State Medical Center have utilized Professor Lewicki’s executive education services on conflict management, negotiation skills and leadership development.

For more information about the Lawrence Lecture and related events, please click here.

Alumni win Prestigious Dispute Resolution Awards

In June 2015 The American Lawyer announced winners of its Transatlantic Legal AwardsStephen Anway (’02) was awarded the Transatlantic Arbitration Award in part for winning a “significant arbitration victory for the Slovak Republic” defending the government’s plans for a public health insurance system.  According to The American Lawyer’s announcement, arbitration panel determined “foreign investors are not empowered to interfere in the legislative processes of a democratic nation” and awarded the Slovak Republic more than $1 million in legal costs.  Anway is a partner with Squire Patton Boggs.[1]

The American Bar Association Section of Dispute Resolution announced Brian Kelso’s (’15) essay Drawing Outside the Lines:  Utilizing International Approaches to Resolve Due Process Concerns in Med-Arb was judged an Honorable Mention by the 2015 James Boskey Judging Committee.  The Boskey competition is designed to generate interest in dispute resolution among law students.  In September Kelso’s essay will be published on the ABA’s Dispute Resolution website.  Kelso is the sixth Moritz alum to win or receive honorable mention in the Boskey competition.  Fellow Moritz graduates include Michelle Robinson (’06), Kristen Blankley (’04), Stephen Anway (’02), Alyssa Shenk (’02) and Rene Rimelspach (’01).

In addition to winning the 2015 Nancy H. Rogers Prize in Dispute Resolution Scholarship, Colin Flake’s (’15) essay “Third Party Funding in Domestic Arbitration: Champarty or Social Utility?” appeared in the March 2015 edition of the American Arbitration Association’s Dispute Resolution Journal.  Click here for a complete list of Rogers Prize winners.

[1] ALM Announces 2015 Transatlantic Legal Award Winners, The Am Law Daily, available at (last visited Sept. 10, 2015).

Publications and Presentations—A Sampling of Faculty Scholarship from 2015

Moritz’s Dispute Resolution faculty continue to contribute meaningful scholarship advancing academic dialogue in alternative dispute resolution.  In Mediator Misunderstanding of Bargaining Basics:  Heading in an Ugly Direction, as published in the Cardozo Journal of Conflict Resolution, Professor Josh Stulberg suggests a mediator who privileges an interest-based bargaining approach undercuts “party self-determination and may systematically reinforce social inequalities.”[1]   Professor Sarah Cole discusses the need for “more frequent legal representation in arbitration” because of the increase in arbitral adjudication of statutory claims in her article titled Blurred Lines: Are Non-Attorneys Who Represent Parties in Arbitrations Involving Statutory Claims Practicing Law?  Professor Cole’s article was recently published in the University of California Davis Law Review.[2] 

Additional scholarship is in the queue.  Professor Emeritus Nancy Rogers expects to publish When Conflicts Polarize Communities: Designing Localized offices that Intervene Collaboratively in the Ohio State Journal on Dispute Resolution.  Professor Ellen Deason’s Article Enforcement of Settlement Agreements in International Commercial Mediation: A New Legal Framework? is forthcoming in Dispute Resolution Magazine.  Professor Amy Cohen anticipates publishing On Compromise, Negotiation, and Loss in the American Society for Political and Legal Philosophy’s publication NOMOS and expects her 2012 article ADR and Some Thoughts on the Social will be reprinted in Contemporary Legal Thought.

Faculty members regularly prepare presentations and are part of panel discussions in Columbus and across the United States.  In January Professor Ruth Colker discussed “Special Education Complain Decisions” as part of the American Association of Law Schools Section on Dispute Resolution Panel in Washington D.C.  At the ABA Section on Dispute Resolution Annual Meeting Sarah Cole presented “How Being Angry Leads to Good Research” and Moderated “Teaching Arbitration Law.”  In Columbus, Sarah Cole was a panelist discussing how arbitrators rule on contract interpretation issues.

[1] Josh Stulberg, Mediator Misunderstanding of Bargaining Basics:  Heading in an Ugly Direction, 16 Cardozo J. Conflict Resol. 806, 807 (2015). 

[2] 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, 921 (2015).