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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

James Richard Coben

Hamline University School of Law

Peter N. Thompson

Hamline University - School of Law

Date Written: September 9, 2011

Abstract

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

Suggested Citation

Coben, James Richard and Thompson, Peter N., Mediation Litigation Trends: 1999-2007 (September 9, 2011). World Arbitration & Mediation Review, Vol. 1, No. 3, p. 395, 2007. Available at SSRN: https://ssrn.com/abstract=1923890

James Richard Coben (Contact Author)

Hamline University School of Law ( email )

1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States

HOME PAGE: http://law.hamline.edu/james-coben.html

Peter N. Thompson

Hamline University - School of Law ( email )

1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States

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