ADR; access to justice
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.
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
Available at: https://ir.lawnet.fordham.edu/flr/vol88/iss6/4