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Alternative Dispute Resolution

May 9, 2023

Resolving intractable cases is the mediator’s dominion

The behind-the-scenes negotiations between Fox News and Dominion Voting Systems ended up accomplishing far more, in terms of a final and fair result, than a televised jury trial ever could have.

The big news last month was the almost $800 million settlement agreed to in the defamation lawsuit filed by Dominion Voting Systems against Fox News. The huge settlement appeared to take everyone by surprise, putting an end to a potentially rancorous – though likely entertaining – trial that would have put top media personalities on the witness stand and our nation’s deep political divisions directly in the spotlight.

But the last-minute r...

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