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How a judge's overzealousness will help redefine mediation limits
Author(s) -
Kichaven Jeff
Publication year - 2006
Publication title -
alternatives to the high cost of litigation
Language(s) - English
Resource type - Journals
eISSN - 1549-4381
pISSN - 1549-4373
DOI - 10.1002/alt.20111
Subject(s) - mediation , law , surety , state (computer science) , political science , psychology , sociology , computer science , algorithm
Alternatives editorial board member Jeff Kichaven, of Los Angeles, examines what he notes is the defining California appellate court decision of 2005, Travelers Casualty and Surety Co. v. Superior Court. The judge in the case proposed mediation and designed a system to deal with claims stemming from accusations against the Catholic Church involving sexual abuse. But a state appeals court found that the judge's good idea was coercive. Kichaven discusses why the judge's mistakes likely will benefit mediation over the long term.