In Re Atlantic Pipe Corp.
Court of Appeals for the First Circuit
1Opinion of the Court
SELYA, Circuit Judge.
This mandamus proceeding 1 requires us to resolve an issue of importance to judges and practitioners alike: Does a district court possess the authority to compel an unwilling party to participate in, and share the costs of, non-binding mediation conducted by a private mediator? We hold that a court may order mandatory mediation pursuant to an explicit statutory provision or local rule. We further hold that where, as here, no such authorizing medium exists, a court nonetheless may order mandatory mediation through the use of its inherent powers as long as the case is an…
2Cases cited22 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
- Weinberger v. Romero-BarceloSupreme Court of the United States · 1982
- Schlagenhauf v. HolderSupreme Court of the United States · 1965
- Gibbs v. BuckSupreme Court of the United States · 1939
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3Cited by37 opinions
- Gitto v. Worcester Telegram & Gazette Corp.Court of Appeals for the First Circuit · 2005
- Ex Parte Monsanto Co.Supreme Court of Alabama · 2003
- Masso-Torrellas v. Municipality of Toa AltaCourt of Appeals for the First Circuit · 2017
- In re Plaza-MartínezCourt of Appeals for the First Circuit · 2014
- United States v. GreenCourt of Appeals for the First Circuit · 2005
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