mediation; dispute resolution; bellwether; mass litigation; civil procedure
This Article examines the use of bellwether mediation in mass litigation. Bellwether mediations are different from bellwether trials,” a practice where parties choose a representative sample of cases for trial to determine how to resolve a much larger number of similar cases. In bellwether mediations, the parties instead rely on a representative sample of settlement outcomes overseen by judges and court-appointed mediators.
Adam S. Zimmerman,
The Bellwether Settlement,
85 Fordham L. Rev. 2275
Available at: https://ir.lawnet.fordham.edu/flr/vol85/iss5/39