An order by the full Ninth U.S. Circuit Court of Appeals sending to mediation a long-running suit over responsibility for civil war atrocities and environmental pollution in Papau New Guinea sparked a dissent by one circuit judge that castigated the en banc court’s decision.
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The ABA’s Standing Committee on Mediator Ethical Guidancehas released a new opinion addressing the level of care mediators must take when unrepresented parties request the mediator to draft a settlement agreement in divorce mediation.
Documents released today by the Clinton Library in Little Rock, Ark., show that U.S. Supreme Court nominee Elena Kagan was at the heart of a White House initiative to boost ADR use in the federal government. Kagan’s files, which are being released in stages in advance of Senate confirmation hearings this summer, show that she was a point person on Executive Order Executive Order 12988, a February 1996 document on civil justice reform that resulted in a big increase in ADR use by executive branch agencies.
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