Mediation Litigation Trends: 1999-2007
World Arbitration & Mediation Review, Vol. 1, No. 3, p. 395, 2007
20 Pages Posted: 9 Sep 2011 Last revised: 19 Feb 2013
Date Written: September 9, 2011
In the Spring of 2006 the authors published the results of their national study (Disputing Irony: A Systematic Look at Litigation About Mediation, Harvard Negotiation Law Review, Volume 11, p. 43) on the 1,223 reported judicial opinions addressing mediation issues from 1999 to 2003. In the year following publication of their initial study, the authors systematically analyzed an additional 996 opinions from 2004-05 to see if the five-year trends would continue. This article contains the results, and documents among other things, significant growth in federal court disputing about mediation, increases in the ways mediation becomes a source for new disputes independent of the original conflict, as well as the myriad procedural intersections between mediation and the traditional litigation process.
Keywords: Mediation, legal disputes about mediation, litigation, confidentiality, “cooling-off” period, rescission, mediated settlement, empirical mediation study
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