Parallel Justice: Creating Causes of Action for Mandatory Mediation
Marie A. Failinger
The American common law system should adopt court-connected mandatory mediation as a parallel of justice for some cases that are currently not justiciable, such wrongs caused by constitutionally protected behavior. As evidence is practical, this Article describes systemic and ethical parallels between the rise equity courts in medieval England, demonstrating there no insurmountable practical objections to creation “mediation-only” causes action. then explores constitutional concerns surrounding idea “mandatory mediation-only” action, using hate speech invasion privacy test validity these concerns.
University of Michigan Journal of Law Reform