Parallel Justice: Creating Causes of Action for Mandatory Mediation
Document Type
Article
Publication Date
2014
Publication Information
47 University of Michigan Journal of Law Reform 359 (2014)
Abstract
The American common law system should adopt court-connected mandatory mediation as a parallel system of justice for some cases that are currently not justiciable, such as wrongs caused by constitutionally protected behavior. As evidence that such a system is practical, this Article describes systemic and ethical parallels between court-connected mediation and the rise of the equity courts in medieval England, demonstrating that there are no insurmountable practical objections to the creation of “mediation-only” causes of action. The Article then explores the constitutional concerns surrounding the idea of “mandatory mediation-only” causes of action, using constitutional hate speech and invasion of privacy cases to test the validity of these concerns.
Repository Citation
Failinger, Marie, "Parallel Justice: Creating Causes of Action for Mandatory Mediation" (2014). Faculty Scholarship. 533.
https://open.mitchellhamline.edu/facsch/533