The Role of Mediation in Public Interest Disputes

The past two decades have seen a rapid increase in public interest litigation. However, in a time of decreased public funding, the survival of public interest law practice may depend on the availability of less costly alternatives to litigation. This Commentary suggests and explores one alternative: mediation. The Commentary first describes the mediation process and its general contribution to dispute resolution, and then addresses the particular value of mediation in public interest disputes. The Commentary proposes incorporating mediation into the public interest dispute resolution process, including judicial screening for cases ripe for mediation, and exploration by the federal government of potential uses of mediation in disputes in which the government is a party