College of Law

Publications

Book Chapters

• Assisting Settlement Decisions with Numbers, Trees, and Maps in The Handbook of Dispute Resolution (Harvard Law School Program on Negotiation, 2005)
• Initial Contacts in Mediation Practice in Mediation: Approaches and Insights (CPR Institute for Dispute Resolution, 2005)
• Maximizing the Mediator's Initial Contact and Getting a Head Start: More Intake Questions and Tips for Mediators in Russ Bleemer, Ed. Mediation: Approaches and Insights (Juris 2005)

Articles, Essays & Book Reviews

• At First Glance: Maximizing the Mediator's Initial Contact, 20 Alternatives 167 (2002)
• Decision Analysis as a Method of Evaluating the Trial Alternative, in Mediating Legal Disputes 307 (Dwight Golann, ed., 1997) (with David P. Hoffer)
• Evaluation in Mediation, in Mediating Legal Disputes 267 (Dwight Golann, ed., 1997) (with David P. Hoffer)
• Using Evaluations in Mediation, in 52 Dispute Resolution Journal 26 (1997) (with Dwight Golann)
• ADR Toolbox: The Highwire Art of Evaluation, 14 Alternatives to High Cost Litig. 62 (1996)
• Using Decision Trees as Tools for Settlement, 14 Alternatives to High Cost Litig. 71 (1996) (with David P. Hoffer)
• Standards of Professional Conduct in Alternative Dispute Resolution, 1995 J. Disp. Resol. 95
• The Value of Decision Analysis in Mediation Practice, 11 Negot. J. 123 (1995)

Other

• Mediators at Work: Termination Tempest (Video, Harvard Law School Program on Negotiation, 2004) (with Dwight Golann)

Presentations

• Psychological Hardwiring: Tips for the Sophisticated Negotiator, Harvard Law School Association of Cincinnati (June 1999)
• Mediation—The Chosen Process: Some Process Choices, program for the ADR Committee of the Ohio State Bar Association, Annual Conference (May 1999)
• Ethical Issues in Mediation, Panel Presentation, Harvard Law School Alumni Day Program (Nov. 1998)
• Mediation Ethics, Mediation Advocacy, and Evaluation, Ohio State University College of Law, for Ohio Dispute Resolution Institute Program (June 1998)
• What's in a Frame? Frames, Stories, Visions, Anchors and other Elements of Meaning, Center for Public Resources (CPR) Institute for Dispute Resolution (June 1998)
• Grievance Mediation, 16th Annual Conference Labor Management Conference, sponsored by the Federal Mediation and Conciliation Service, Northern Kentucky University, and the Kentucky Labor Cabinet (May 1998)
• Mediation Workshop, 4 day program offered by JAMS-Endispute, with Professor Dwight Golann (Sept. 1998, Feb. 1998, June 1996)
• Advanced Mediation Workshop, week long workshop offered by the Program of Instruction for Lawyers, Harvard Univ. Law School, co-instructor with Professor Robert Mnookin (HLS) and Gary Friedman, Esq. (June 1997)
• Evaluation in Mediation, lecture and demonstration with Dwight Golann, Center for Public Resources (CPR) Institute for Dispute Resolution (Jan. 1996)
• Decision Analysis for Mediators, lecture and teaching session at the Spring Meeting of the CPR Institute for Dispute Resolution (June 1996)
• Negotiation Research for Mediation Practice, plenary lecture, Virginia Mediation Network (Oct. 1996)
• Manipulation, Evaluation, and Other Practical Strategies for Mediators Here on Earth, New England Society of Professionals in Dispute Resolution (Oct. 1995)
• Gender Issues in Negotiation, lecture and workshop, New Hampshire Women's Bar Association (Oct. 1994)

Courses

• Advanced Decision Analysis
• Client Counseling
• Mediation Advocacy Workshop
• Negotiations

Awards

• 2010 Goldman Prize for Excellence in Teaching
• American College of Civil Trial Mediators, 1998 Education/Training Achievement Award
• Center for Public Resources (CPR) Institute for Dispute Resolution, 1995 Second Prize for Excellence, Articles, "The Value of Decision Analysis in Mediation Practice," Negotiation Journal 11.2: 123-134 (1995)

November 2011

Marjorie spoke on the use of decision analysis in mediation on November 1 at the CLE event, Evaluative Mediation: Yes or No?, which was jointly sponsored by the ABA Section on Dispute Resolution and Frost Brown Todd. On November 7, Marjorie and Assistant Professor of Practice Sean Mangan presented the basics of negotiation and the lawyer’s role to McAuley High School students in their “Women In” program, designed to introduce young women to a range of professions.  Marjorie hosted McAuley High School students in the “Women in Law” group on November 8 to observe final mediations in her mediation class.  The programs were arranged in collaboration with Lori Landrum, Esq. of Frost Brown Todd, who is working with students at McAuley High School. 

September 2011

Marjorie presented “Delivering Bad News to Clients” to Procter & Gambles’ in-house legal academy program. 

Summer 2011

Marjorie completed the manuscript for her book, Client Science: Advice for Lawyers on Counseling Clients Through Bad News and Other Legal Realities, which will be published by Oxford University Press.

She served as consultant and mediator for a Department of Justice (DOJ) mediation advocacy video, filmed in August.  A project of the DOJ’s Office of Dispute Resolution, the video is designed to train Assistant U.S. Attorneys to better represent their clients in mediation.

Marjorie’s article, For the General Practioner: Dispute Resolutions: Do's and Don'ts for Mediation, GP Solo, Mar. 2006, was cited in Nancy A. Welsh, What Is "(Im)Partial Enough" In A World Of Embedded Neutrals, 30 J. Nat'l Ass'n Admin. L. Judiciary 495 (2010).

May 2011

Two of Marjorie’s works were cited: 

• The Value of Decision Analysis in Mediation Practice, 11 Negot. J. 123 (1995), was cited in Douglas H. Yarn & Gregory Todd Jones, Alternative Dispute Resolution:  Practice and Procedure in Georgia § 5:9 (3d ed. 2011 Supp.); and
• Decision Analysis as a Method of Evaluating the Trial Alternative, in Mediating Legal Disputes 307 (Dwight Golann, ed. 1997) (with David P. Hoffer) was cited in Douglas H. Yarn & Gregory Todd Jones, Alternative Dispute Resolution:  Practice and Procedure in Georgia § 5:9 (3d ed. 2011 Supp.).

April 2011

Marjorie’s book, Client Science, has been accepted for publication by Oxford University Press.

Marjorie presented Mediation Failures with Professor Dwight Golann (of Suffolk University Law School) at the ABA Section on Dispute Resolution Spring Conference.

December 2010

The Center for Practice, of which Marjorie is the Director, and the Weaver Institute of Law and Psychiatry, sponsored the CLE, Client Troubles: It's Time for a Psychiatrist's Advice, on Friday, Dec. 17.  The course was taught by Marjorie and Weaver Institute Director Doug Mossman.

Marjorie’s chapter, Finding Settlements with Numbers, Maps, and Trees, in The Handbook of Dispute Resolution 202-218 (M. Moffit & R. Bordone, eds. 2005), was cited in Jamie Henikoff Moffitt, Merging in the Shadow of the Law: The Case for Consistent Judicial Efficiency Analysis, 63 Vand. L. Rev. 1697 (2010).

September 2010

Marjorie served on a negotiation panel in a Barnes Dennig program for women accountants, clients, and lawyers.

Marjorie’s chapter, Using Evaluations in Mediation, in American Arbitration Association, AAA Handbook on Mediation 327-341 (2d ed. 2010) (with Dwight Golann), was published by Juris.   

In collaboration with the College-Conservatory of Music and CCM Professor Rocco Dal Vera, the College’s Center for Practice, of which Marjorie is the Director, ran its popular CLE, “Acting Directions for Winning Trial Performance,” in mid-September and early October.

Summer 2010

Two of Marjorie’s articles were cited:

• For the General Practitioner: Dispute Resolutions: Do's and Don’ts for Mediation, GP Solo, Mar. 2006, at 30, in Nancy A. Welsh, What Is “(Im)partial Enough” in a World of Embedded Neutrals? 52 Ariz. L. Rev. 395 (2010); and
• The Value of Decision Analysis in Mediation Practice, 11 Negot. J. 123 (1995), in Donald R. Philbin, Jr., Decisional Errors: Why We Make Them and How to Address Them, 64 Disp. Resol. J. 64 (2009).

June 2010

Marjorie presented six different workshops in negotiation, mediation, and impromptu speaking for the New Zealand Leadership Development Center, the Ministry of Women's Affairs, and the Department of Building and Housing. Several of her publications were cited:

• Decision Analysis as a Method of Evaluating the Trial Alternative, in Mediating Legal Disputes 307 (Dwight Golann, ed., 1997) (with David P. Hoffer); and The Value of Decision Analysis in Mediation Practice, 11 Negot. J. 123 (1995), in Robert L. Haig, Commercial Litigation in New York State Courts (Thomson-West, 2d ed. 2009 Supp.); and in Douglas H. Yarn & Gregory Todd Jones, Alternative Dispute Resolution: Practice and Procedure in Georgia (Harrison, 3d ed. 2010 Supp.).
• Using Decision Trees as Tools for Settlement, 14 Alternatives to High Cost Litig. 71 (1996) (with David P. Hoffer), in Richard Birke, Neuroscience and Settlement: An Examination of Scientific Innovations and Practical Applications, 25 Ohio St. J. on Disp. Resol. 477 (2010).

May 2010

Marjorie received the Goldman Prize for Excellence in Teaching. She presented Clientology: Science for Mediators and Lawyers as Artists in Communication with Dwight Golann and Patricia Foster at the ABA Section on Dispute Resolution Conference in San Francisco.

April 2010

Marjorie’s article, Using Decision Trees as Tools for Settlement, 14 Alternatives to High Cost Litig. 71 (1996) (with David P. Hoffer), was cited in John Lande & Jean R. Sternlight, The Potential Contribution of ADR to an Integrated Curriculum: Preparing Law Students for Real World Lawyering, 25 Ohio St. J. on Disp. Resol. 247 (2010).

March 2010

Marjorie presented the first half of the Making Mediators’ Workshop, a CLE program at the College for lawyers seeking to learn mediation skills and strategies. Her article, Using Decision Trees as Tools for Settlement, 14 Alternatives to High Cost Litig. 71 (1996) (with David P. Hoffer), was cited in John Lande & Jean R. Sternlight, The Potential Contribution of ADR to an Integrated Curriculum: Preparing Law Students for Real World Lawyering, 25 Ohio St. J. on Disp. Resol. 247 (2010); and Jeffrey B. Kindler, et al., Successful Partnering between Inside and Outside Counsel (West Group, 2010 Supp.).

January 2010

Marjorie participated in Client Troubles? It’s Time for Psychiatric Advice, a CLE Seminar (with Professor Douglas Mossman), sponsored by the Law School’s Weaver Center for Law and Psychiatry and the Center for Practice, at the Stratford Conference Center. She served as a judge for the CPR International Institute for Conflict Prevention and Resolution’s annual awards, in the professional articles category

December 2009

Marjorie presented an evening seminar on negotiation for the Women’s Institute for Leadership Development.

Summer 2009

Marjorie taught Decision Analysis at North Carolina Central University School of Law. She also attended American Arbitration Association Arbitrator training and was accepted on their national arbitration panel.

June 2009

Marjorie presented three workshops for the New Zealand Government’s Leadership Development Center: Advanced Negotiation, Negotiation in a Nutshell, and Great on Your Feet. She gave a lecture on Decision Analysis in Mediation to Wellington, NZ’s LEADR branch (LEADR is the NZ and Australia lawyers’ ADR organization). She designed and delivered a Mediators’ Master Class for the mediators of NZ’s Building and Housing Department, headquartered in Auckland.

May 2009

Marjorie participated in a panel discussion on When the Music Stops: How to Overcome "Insulting" First Offers, Bad Faith Refusals to Negotiate and Other Impasses in Bargaining at the ABA Section on Dispute Resolution Conference. The panel discussed clips in a newly issued mediation DVD in which Marjorie was one of two featured mediators. Marjorie also presented teaching advice for her three phase simulation exercise, Bagger-Delishco, in the “Shoptalk” session of the Legal Educators’ Coloquium at the ABA Conference.

March 2009

Marjorie conducted a workshop at the College on Making Mediators: An Intensive Practice Workshop for Attorneys and Other Professionals Who Mediate. Several of Marjorie’s articles were cited:

• Decision Analysis as a Method of Evaluating the Trial Alternative, in Mediating Legal Disputes 307 (Dwight Golann, ed., 1997) (with David P. Hoffer), and The Value of Decision Analysis in Mediation Practice, 11 Nogot. J. 123 (1995), in Robert L. Haig, Commercial Litigation in New York State Courts (West, 2nd ed., New York Practice Series, 2009 Supp.).
• Using Decision Trees as Tools for Settlement, 14 Alternatives to High Cost Litig. 71 (1996) (with David P. Hoffer, in Robert L. Haig, Successful Partnering between Inside and Outside Counsel (Thomson West, 2009 Supp.).

February 2009

Marjorie served as a judge in the “Outstanding Short Articles and Blogs” category for the Annual Awards program of the CPR, International Institute for Conflict Prevention and Resolution. The award was presented at CPR’s Annual Winter Meeting on Jan. 15th. She also taught the Client Counseling Workshop at the College.

January 2009

Marjorie’s Center for Practice presented three CLE workshops:

• Dealing With the Difficult: On Emotion and Psychology for Client Counseling and Negotiating
• Lawyers Present…..So Present Well!
• Great on Your Feet and In the Moment: How to Listen, Think, and Speak to the Unexpected

December 2008

Marjorie offered a Practice View on Employment Litigation. She appears as one of two mediators in a new DVD, Skills of a Mediator, to be included with a forthcoming book on mediation practice by Dwight Golann to be published by the ABA.

October 2008

Marjorie's articles, Decision Analysis as a Method of Evaluating the Trial Alternative, in Mediating Legal Disputes 307 (Dwight Golann, ed., 1997) (with David P. Hoffer), and The Value of Decision Analysis in Mediation Practice, 11 Negot. J. 123 (1995), were cited in Robert L. Haig, Commercial Litigation in New York State Courts (West, 2nd ed., New York Practice Series, 2008 Supp.).

Summer 2008

Marjorie taught:

• Two CLE workshops through her Center for Practice on Decision Analysis for Lawyers
• A course on Decision Analysis at North Carolina Central State University

Marjorie appeared on NPR's Marketplace Report in a segment on Selling Suits is Rewarding.

June 2008

Marjorie presented three negotiation-related workshops, and gave a lecture on New Zealand Women Do (or Should) Negotiate, to staff from various New Zealand government ministry and agencies, sponsored by the New Zealand Leadership Development Center. Closer to home, she presented a half-day Negotiation training program for women attorneys at Hahn Loeser & Parks in Columbus, OH.

Marjorie and Betsy Malloy organized the UC Law Running Club and participated in the Flying Pig Marathon.

May 2008

Marjorie presented a session on mediation practices entitled Breaking the Rules: The Truth About Consequences at the ABA Section on Dispute Resolution's Tenth Annual Spring Conference in Seattle (with Dwight Golann). Her articles, Decision Analysis as a Method of Evaluating the Trial Alternative, in Mediating Legal Disputes 307 (Dwight Golann, ed., 1997) (with David P. Hoffer); Do's and Don'ts for Mediation Practice, Disp. Resol. Mag. (Winter 2005); and The Value of Decision Analysis in Mediation Practice, 11 Negot. J. 123 (1995), were cited in Donald R. Philbin, Jr., The One Minute Manager Prepares for Mediation: A Multidisciplinary Approach to Negotiation Preparation, 13 Harv. Negot. L. Rev. 249 (2008).

April 2008

Marjorie was a judge for the 2007 International Institute for Conflict Prevention & Resolution Awards. The awards were presented at the organization's annual meeting in New York in January.

March 2008

Marjorie conducted the first half of Making Mediators: A Intensive Practice Workshop for Attorneys and Other Professionals Who Mediate through her Center for Practice. The workshop is designed for experienced professionals, familiar with mediation as advocates, but less experienced in the neutral's role. Participants gain real mediator experience in complex mediations and challenging mediation problems.

February 2008

Marjorie served as a judge for CPR Institute for Dispute Resolution annual award for professional articles. Her article, Using Decision Trees as Tools for Settlement, 14 Alternatives to High Cost Litig. 71 (1996) (with David P. Hoffer), was cited in Robert L. Haig, Successful Partnering Between Inside and Outside Counsel (Thomson West, 2008 Supp.).

January 2008

Marjorie published On Negotiation, in Negotiating Outcomes, part of Harvard Business School Publishing's Pocket Mentor Series.

Marjorie designed and facilitated three new CLE programs in conjunction with her Center for Practice in Negotiation and Problem Solving, drawing insight from acting, improvisation, communication, rhetoric, and debate for legal practice:

• Great on Your Feet and In the Moment (with Daniel J. Donnellon (Keating, Muething & Klekamp)) targeted the challenge of quick and effective responses.
• Lawyers Present . . . So Present Well (with Shelley Bamberger Bailey (i-Cue Communications)) aimed at polishing formal presentations.
• Drama Does It for Lawyers (with John Bromel (Playhouse in the Park) & Melinda Seibert (Ovation Theater) focused on voice, tone, timing, stance, and gesture with clients, counsel, colleagues, and the court.

December 2007

Marjorie coached Keith Hagan and Laura Railing, who won the ABA Negotiation Regional Competition in Valparaiso Indiana. She was quoted in Dwight Golann, The Changing Role of Evaluation in Commercial ADR, 14 Disp. Resol. Mag. 16 (2007).

November 2007

Marjorie participated in the Alumni Teach-In Day, as Eric Robbins (Class of 2001), Ulmer & Berne (Cincinnati, OH) and Clayton Kuhnell (Class of 2001), Dinsmore & Shohl (Cincinnati, OH), taught her Negotiations Class.

October 2007

Marjorie convened UC's Negotiation Competition, with many Cincinnati lawyers judging ten student teams, to select the two teams that will represent UC at the ABA Regional Representation in Mediation Competition in November.

Summer 2007

Marjorie was appointed Professor of Clinical Law. She taught:

• Two three-day negotiation workshops to representatives of various New Zealand government ministries under the auspices of the Leadership Development Centre in Wellington, New Zealand.
• A course on Decision Analysis at North Carolina Central State University.

June 2007

Several of Marjorie's publications were cited:

• ADR Toolbox: The Highwire Art of Evaluation, 14 Alternatives to High Cost Litig. 62 (1996), in Mercdeh Azeredo da Silveira, Impartiality v. Substantive Neutrality: Is the Mediator Authorized to Provide Legal Advice? 62-APR Disp. Resol. J. 26 (2007).
• The Value of Decision Analysis in Mediation Practice, 11 Negot. J. 123 (1995), and Decision Analysis as a Method of Evaluating the Trial Alternative, in Mediating Legal Disputes 307 (Dwight Golann, ed., 1997) (with David P. Hoffer), in Douglas H. Yarn & Gregory Todd Jones, Alternative Dispute Resolution: Practice and Procedure in Georgia (Harrison, 3rd ed. 2007 Supp.).

May 2007

Marjorie presented Unreasonable Clients: When Lawyers Ask for Help - And When They Don't - What Can a Mediator Do? at the ABA Section of Dispute Resolution's Annual Conference in Washington, D.C.

April 2007

Marjorie was appointed to serve on Governor Strickland's Ohio Judicial Appointments Regional Panel.

Marjorie completed teaching her Making Mediators Workshop, a CLE seminar for lawyers who want to learn to mediate. She coached and accompanied two student teams to the ABA Regional Representation in Mediation Competition at Michigan State.

Marjorie spoke on Academy to Action for Effective Negotiation Practice to the West Chester Chamber Alliance.

March 2007

Marjorie co-taught the first segment of her Making Mediators CLE workshop, in which lawyers serve as mediators for students enrolled in the law school's Mediation Advocacy class.

With Adjunct Professor Jim Lawrence, Marjorie coached UC's regional winners in the ABA's negotiation competition in preparation for the National Competition. She also coached and traveled with two UC teams for the Regionals of the ABA's Client Counseling Competition. Marjorie conducted the intra-school Representation in Mediation Competition, selecting two teams to represent UC at the Regionals in March.

Marjorie's book chapter, Evaluation in Mediation, Mediating Legal Disputes (Dwight Golann, ed., 1997), was cited in John Lande, How Much Justice Can We Afford?: Defining the Courts' Roles and Deciding the Appropriate Number of Trials, Settlement Signals, and Other Elements Needed to Administer Justice, 2006 J. Disp. Resol. 213.

February 2007

Marjorie Corman Aaron Professor of Practice and Director, Center for Negotiation & Problem Solving Marjorie taught a three-day workshop to the 2L class on Interviewing Counseling and Decision-Making with Professor Richard Reuben (Missouri-Columbia). She served as a judge for the CPR International Institute for Conflict Prevention and Resolution awards for professional articles published in 2006 in dispute resolution. Marjorie designed and taught a two day workshop in Advanced Mediation and Mediation Advocacy for the CPR Institute with Amy Glass (Michigan Mediation Services).

Marjorie's article, Using Decision Trees as Tools for Settlement, 14 Alternatives to High Cost Litig. 71 (1996) (with David P. Hoffer), was cited in Robert L. Haig, Successful Partnering between Inside and Outside Counsel (West Group, 2007 Supp.).

January 2007

Marjorie offered three CLE courses through her Center for Practice in Negotiation and Problem Solving:

• Decision Analysis for Lawyers and Clients
• Getting to the Goal in Tough Negotiations (with Dwight Golann (Suffolk))
• Mediation Advocacy: How to Borrow a Mediator's Powers (with Prof. Golann)

Marjorie served as a judge for the professional articles award competition of the CPR Institute for Conflict Prevention and Resolution.

Marjorie's article, The Value of Decision Analysis in Mediation Practice, 11 Negot. J. 123 (1995), was cited in Douglas H. Yarn & Gregory Todd Jones, Alternative Dispute Resolution: Practice and Procedure in Georgia (Harrison, 3rd ed., 2006).

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