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Perspective

Sep. 22, 2012

Mediation should never be compelled

Contractually obligating parties to mediate serves only the ADR industry, not the parties. By Louis A. Lipofsky

LETTERS TO THE EDITOR COLUMN

Phil Diamond's analysis ("Attorney fees clause put to the test," Sept. 20), while cogent, is entirely based upon a specious premise; namely, that parties should be coerced to settle.

The house of cards he constructs cannot stand unless it is assumed that settlement should be coerced, and worse still, that mediation in a vacuum (before the parties ascertain the facts and the law), serves the public interest. His third "ta...

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