Efficiency Versus Party Empowerment-Against A Good-Faith Requirement In Mandatory Mediation

From: The Review of Litigation | Date: January 1, 2004| Author: Boettger, Ulrich | Copyright information

I. INTRODUCTORY CONSIDERATIONS

The objective of this Article is to explore the effect that a good-faith requirement in mandatory mediation will have on the process of mediation in general, and especially on the balance between its objectives of efficiency and party empowerment.1 A good-faith requirement aims to increase the level of participation by parties and attorneys, moving mediation closer to the border between informal and formal processes for solving legal disputes. In this con...

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