May 2016

May 2016

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.


Program on Dispute Resolution earns #1 US News Ranking!

The Moritz College of Law is now home of the U.S. News and World Report’s Number One Ranked Dispute Resolution Program! Perennially a top-five program, this is the Program’s first #1 ranking in more than a decade! The Program is lucky to have so many dedicated active and emeritus dispute resolution faculty!

Five Earn Moritz’s Certificate in Dispute Resolution; Four LLMs finish ADR Concentration

LLM ADR Concentration Students

The Moritz Master of Laws (LL.M.) Program is designed for foreign lawyers who wish to advance their legal education in a stimulating academic environment. Four LLM students have honed their alternative dispute resolution skills while earning Moritz’s LLM degree:

    • Dong Yinzi earned her Bachelor of Laws degree from Fudan University in Shanghai, China.
    • Sahra Yusuf earned her Bachelor of Laws degree from the University of Groningen, in Groningen, Netherlands.
    • Osnat Menache earned her Bachelor of Laws degree from the College of Management Academic Studies in Rishon LeTsiyon, Israel.
    • Olga Putushkina earned her Bachelor of Laws degree from the Russian Academy of Justice in Moscow, Russia.

Certificate in Dispute Resolution Students

Five graduating law students will be awarded the Program on Dispute Resolution’s Certificate in Dispute Resolution.  In order to earn this prestigious certificate students must complete at least fifteen credit hours in dispute resolution and complete more than one-hundred hours of work in an alternative dispute resolution setting.  Congratulations to students earning the Certificate in Dispute Resolution:

Chelsea Glassman participated in several regional negotiation and mediation competitions, worked on dispute resolution projects in the Honorable Judge Timothy Black’s chambers and worked as a research assistant for the Divided Community Project.

Cyara Hotopp excelled in Moritz’s Alternative Dispute Resolution courses.  To develop her mediation skills she served as a mediator for the Automotive Consumer Action Program (AUTOCAP) sponsored by the Ohio Automotive Dealers Association and the Ohio Attorney General.

Cory Martinson is a member of the Ohio State Journal on Dispute Resolution and will graduate with nineteen dispute resolution credit hours.  Cory was active in Dispute Resolution and Youth, participated in several local and regional mediation and negotiation competitions and worked with a local non-profit to redesign a mediation system.

Elisabeth McClear completed more than twenty alternative dispute resolution course credits, including one credit for representing Moritz at a regional negotiation competition.  During her time at Moritz Elisabeth spent hundreds of hours in the Franklin County Court system working with dispute resolution staff and observing and mediating cases.

Sara Scheinbach served as a volunteer mediator, participated in dispute resolution competitions, and actively participated in the re-energized Truancy Mediation Project.  Sara played a vital role in initiating the Divided Community Project as a research assistant for Professor Nancy Rogers.

Congratulations to this year’s LLM concentration and Dispute Resolution Certificate Students!

Rogers Prize Winners Announced

On April 21, 2016, Dean Alan Michaels and Program Director Sarah Cole presented the Program on Dispute Resolution’s Rogers Prize awarded to student research papers on a dispute resolution topic that “reflect the analytical rigor and intellectual breadth associated with highly-regarded scholarly contributions.”

Rogers Prize

Second year student Robby Southers won first prize for his seminar paper “European Union Involvement in the Middle East Conflict”.  Second year Giuseppe Pappalardo won second prize for his research titled “Courts as the Mediator’s Temptress: A call for change in approval procedure of mediated class action settlements”.  Kate Selander, third-year and outgoing editor of the Ohio State Journal on Dispute Resolution, took home Honorable Mention for her seminar paper “Museum Restitution Ethics Regarding Holocaust-Era Art and Cultural Property: A Proposal for Mediation as a Mandatory Medium”.

A complete list of prior Rogers Prize winners is available online.

Divided Community Project Tackles Community Division and Civil Unrest

This winter the Ohio State University Moritz College of Law’s Program on Dispute Resolution launched the Divided Community Project, a dispute resolution practitioner’s response to recent explosive social conflicts in Ferguson, Baltimore, Sanford and other cities around the country.  Under the quiet leadership ofProfessors Nancy Rogers, Josh Stulberg, and a number of practitioners and leaders in dispute resolution, the Divided Community Project developed two documents for leaders thinking about civil unrest.  The first document Key Considerations for Community Leaders Facing Civil Unrest suggests process steps community leaders should consider during and in the immediate aftermath of a divisive community incident.  The second document Planning in Advance of Civil Unrest, advises community leaders to prepare for civil unrest to better understand the sources of community division, tension and resilience.

The Divided Community Project aims to strengthen community efforts to transform division into action.  Current initiatives include establishing pilot programs which plan in advance of civil unrest, offering suggestions for improving practice, developing conflict assessment tools, and advocating for the use of collaborative methods for turning community division into positive action.

Divided Community Project Director Grande Lum (former director of the Department of Justice’s Community Relations Service and Moritz’s 2014 Lawrence Lecturer) leads the project as it works to help communities grapple with community division.

Deason Wins University-Wide Teaching Award!

Professor Deason is often praised by students for her innovative classroom exercises, willingness to help and meet with students one-on-one, and compassionate and engaging style. She was also awarded the College of Law’s Morgan E. Shipman Outstanding Professor of the Year award in 2015.On February 24, 2016, Professor Ellen Deason received the university’s Alumni Award for Distinguished Teaching in a surprise ceremony during her International Business Arbitration class.  The award recognizes teaching excellence, and faculty are nominated by students, other faculty, and alumni. Only 10 of Ohio State’s more than 5,000 faculty receive the award annually. Bruce McPheron, Ohio State’s interim executive vice president and provost, presented Professor Deason with her award.

Click here to read more about this prestigious honor.

St. Antoine Focuses on Arbitration at Schwartz Lecture

On April 5, 2016, Theodore J. St. Antoine–the James E. & Sarah A. Degan Professor of Law Emeritus at the University of Michigan–delivered the Program on Dispute Resolution’s annual Schwartz Lecture on Dispute Resolution. Professor St. Antoine discussed the current state of labor and employment arbitration.  In recent years, there has been greater focus on employment arbitration rather than traditional labor arbitration because of the sharp decline in union membership and the increased use of so-called mandatory arbitration by nonunion employers.  To get or keep a job, employees must adhere to mandatory arbitration agreements, waiving access to the courts—even for statutory claims.  Professor St. Antoine’s presentation addressed the pros and cons of these arrangements and their evolving legal regulation, and suggested best practices to maintain the substantive claims of employees and the due process rights of all parties.

Rogers Wins CPR International Writing Award!

The International Institute for Conflict Prevention and Resolution (CPR) recognized ProfessorNancy H. Rogers with the Outstanding Professional Article award for her article When Conflicts Polarize Communities: Designing Localized Offices that Intervene Collaboratively, 30 Ohio St. J. on Disp. Res. 173 (2015). In the timely piece, Rogers looks at communities in crisis, often started by a shocking and tragic incident that leads to demonstrations and unrest, and proposes the use of local intervenors to prevent escalation and to help communities deliberate about ways to solve, or at least ameliorate, the problems underlying their differences.