January 2018

January 2018

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.


Divided Community Project to Receive Lawyer as Problem Solver Award

The ABA’s Section of Dispute Resolution has named the Divided Community Project (DCP) at the Ohio State University Moritz College of Law the recipient of the 2018 institutional Lawyer as Problem Solver Award, which will be presented at the Section’s Spring Conference in Washington, DC.

The Divided Community Project, which grew out of an April 2015 meeting of leaders and mediators from throughout the United States with experience dealing with civil unrest in communities, is helping communities transform divisive issues into broad-based, forward-thinking community action. The project utilizes a proactive approach to addressing community division: communities are first asked to focus on the roots of deep community divisions, and then project members take a multi-disciplinary approach to generating ideas to help those communities create plans before divisive incidents erupt.

Read the full announcement here.

ADR Publications Hot off the Press! 

Program on Dispute Resolution faculty have published several thought-provoking ADR articles over the past few months.  The following publications are an illustrative example of recent work in the filed of dispute resolution.

Sarah Cole‘s The Lost Promise of Arbitration is hot off the press in SMU Law Review and is part of a symposium edition which re-examines Richard Delgado’s 1985 article on prejudice in ADR.  Cole’s article is suggests arbitration fosters a fair and equitable dispute resolution mechanism for those with less bargaining power than their opponents.

Ellen Deason‘s Beyond “Managerial Judges”: Appropriate Roles in Settlement is published in the Ohio State Law Journal and argues for reform that would prevent judges assigned to a case for pretrial management and trial from serving as the neutral at a settlement conference or judicial mediation.

Both Josh Stulberg and Amy Cohen contributed chapters to the Negotiator’s Desk Reference (eds. Christopher Honeyman & Andrea Kupfer Schneider, 2017).  Amy’s contribution is titled Law in the Shadow of Negotiation: On the Jurisprudence of Roger Fisher.  Josh co-authored The Uses of Mediation with Lela P. Love.

Nancy H. Rogers published One Idea for Ameliorating Polarization: Reviving Conversations About an American Spirit in the Journal of Dispute Resolution.  The article suggests some considerations to weigh when identifying an American spirit and a process for going about it.

Moritz Faculty Across the Country

Professor Amy Cohen has delivered three recent presentations on a paper draft titled Negotiating the Value Chain: A Study of Surplus and Distribution in Indian Markets for Food in November 2017  at the University of Ottawa’s conference “Taking Stock: The State of Food Law and Policy in Canada”; in December 2017 at a faculty workshop at Cornell Law School; and, in January 2018 at a Kings College London symposium titled “Transnational Food Security”.

In August 2017, working with the co-editors of her forthcoming book Discussions in Dispute Resolution, Professor Sarah Cole coordinated a series of panels at the annual Southeastern Law Schools Conference (SEALS) in Boca Raton.  At SEALS she delivered a presentation reflecting on Soia Mentschikoff’s seminal article Commercial Arbitration.

Professor Ellen Deason participated on Sarah’s panel Discussions in Dispute Resolution – Public Policy while at SEALS.  Ellen has been busy organizing and moderating The Appropriate Role of the Judge in Settlement at the January 2018 AALS conference and participating at the November 2017 American Society of International Law Academic Workshop at Lewis & Clark Law School.

In 2017 Professor Josh Stulberg served as a guest faculty member teaching mediation theory and practice workshops at Pepperdine, Central European University (Budapest, Hungary), and Cardozo (2017).

Divided Community Project Director Grande Lum and Associate Director William “Bill” Froehlich continue to spread the work of the DCP across the country and internationally.  In December Grande and Bill traveled to the University of Virginia to participate in the Institute for Environmental Negotiation’s Transforming Community Spaces Project, which supports communities as they consider what do do about Civil War monuments.  In November Grande traveled to Hong Kong where he served as a faculty member for “Leadership for Inclusive Futures in Hong Kong,” part of the Salzburg Global Seminar.  October was a busy month for the Divided Community Project:


Moritz Teams Capture Top-Five Finished at ABA Competition

n November Anthony Thompson (19′), Chris Stephens (19′), Cameron Wright (19′), and Nicole Repetto (19′), competed in the ABA Dispute Resolution Section’s Regional Negotiation Competition at Thomas Cooley’s Auburn Hills Campus.  Both teams proudly represented Moritz, claiming top-five finishes among sixteen teams from Ohio, Michigan, Illinois, and Indiana.  Moritz’s teams are pictured below with Coach Bill Froehlich.

3L Wins Agricultural Award for DR Project

In spring 2017 Evin Bachelor (18′) developed a seminar paper focused on agricultural mediation as a student in Ellen Deason’s and Bill Froehlich’s Mediation Clinic and Seminar.  Evin further developed his seminar paper over the summer for the 2018 American Agricultural Law Association symposium where he presented his poster “Ohio: The Midwestern Ag Mediation Holdout” describing the potential for Ohio to become one of the last midwestern states to engage in USDA’s Agricultural Mediation Program.  Evin took first prize in the student poster competition and teamed up with law students from Houston and Capital University to win a student quiz bowl title.  In an email Evin writes “All-in-all, a very successful weekend for Ohio!”  A successful weekend indeed!  Congratulations Evin! The Paul L. Wright Endowment in Agricultural Law at OSU supported Evin’s trip the the AALA symposium.

Evin and his prize-winning poster