The ABA has just released promotional materials about an upcoming CLE program with the title “Deal Mediation: A New Use for an Old Friend.”
I have at least four reactions:
1. It’s nice to hear the ABA refer to Mediation as an “old friend.”
2. It’s not clear to me that Deal Mediation is all that new.
3. It’s too bad they didn’t include Scott Peppet on the panel, because I think his is the most interesting scholarly treatment of the topic. (See Scott Peppet, Contract Formation in Imperfect Markets: Should We Use Mediators in Deals?” 19 Ohio St. J. on Disp. Resol. 285 (2004).
4. I hope I’ll be able to e-attend, because it looks interesting.
Michael Moffitt
anything that can help to progress much greater use of mediation skills in a broader context, outside litigation and traditional dispute resolution, is a good thing.