Moritz’s own Joseph B. (“Josh”) Stulberg will deliver the Ohio State University Moritz College of Law’s 2021 Schwartz Lecture on Dispute Resolution. Titled “Mediation and the Rule of Law: Compatible or Conflicting?” will take place on on March 30, 2021 on Zoom beginning at 12:10 EST. Register here: https://go.osu.edu/schwartz2021.
A short description of Prof. Stulberg’s lecture follows:
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.
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.