Keywords
ADR; access to justice
Abstract
This Essay looks at how mediators describe their role, and it asks whether—in negotiations to resolve mass disputes—the mindset and skill set of mediators may sometimes exacerbate rather than mitigate risks of self- serving conduct by lawyers. The Essay applies general concerns about class settlements and nonclass settlements to the particular problem of mass dispute mediation.
Recommended Citation
Howard M. Erichson,
The Dark Side of Consensus and Creativity:
What Mediators of Mass Disputes Need to
Know About Agency Risks,
88 Fordham L. Rev. 2155
(2020).
Available at: https://ir.lawnet.fordham.edu/flr/vol88/iss6/4
COinS