Never Assume What Your Clients Know About Mediation and Arbitration

Abstract

The alternative dispute resolution revolution is certainly present in the U.S legal system. Many legal disputes are subject to mandatory mediation, whether by contract, statute, court rule, or court order. See, e.g., Ben Barlow, “Divorce Child Custody Mediation: In Order to Form a More Perfect Disunion?” 52 Cle. St. L. Rev. 499, (2004‐2005) (discussing mandatory mediation in the context of family cases); Michael Z. Green, “Proposing a New Paradigm for EEOC Enforcement after 35 Years: Outsourcing Charge Processing by Mandatory Mediation,” 105 Dick. L. Rev. 305 (2001) (discussing mandatory mediation of employment claims).