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Dispute Resolution Keyed to Goldberg, 7th Ed.
In re Atlantic Pipe Corp.
Citation:
304 F.3d 135 (2002)Facts
This case arose from a construction dispute involving the North Coast Superaqueduct Project in Puerto Rico. After the project was built, a segment of the pipeline burst, causing Thames-Dick Superaqueduct Partners to incur significant repair costs. Multiple lawsuits followed, with numerous parties asserting various claims, counterclaims, and cross-claims. The litigation became extremely complex, involving twelve parties and parallel proceedings in Puerto Rican courts. The district court, upon Thames-Dick’s motion, ordered all parties to participate in non-binding mediation before Professor Eric Green, a private mediator. The court stayed discovery pending completion of the mediation and directed that costs be shared among the parties. Atlantic Pipe Corporation objected to the mediation order and filed a petition for mandamus, arguing that the district court lacked authority to compel unwilling parties to participate in mediation and to share mediation costs.
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