Legal Opinion

In Re Atlantic Pipe Corp.

Court of Appeals for the First Circuit

Decided September 18, 2002No. 02-1339PublishedCited by 37 opinions

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

  1. Link v. Wabash RailroadSupreme Court of the United States · 1962
  2. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  3. Weinberger v. Romero-BarceloSupreme Court of the United States · 1982
  4. Schlagenhauf v. HolderSupreme Court of the United States · 1965
  5. Gibbs v. BuckSupreme Court of the United States · 1939

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3Cited by37 opinions

  1. Gitto v. Worcester Telegram & Gazette Corp.Court of Appeals for the First Circuit · 2005
  2. Ex Parte Monsanto Co.Supreme Court of Alabama · 2003
  3. Masso-Torrellas v. Municipality of Toa AltaCourt of Appeals for the First Circuit · 2017
  4. In re Plaza-MartínezCourt of Appeals for the First Circuit · 2014
  5. United States v. GreenCourt of Appeals for the First Circuit · 2005

32 more not listed; retrieve them via the Exa API.

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