id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
cjel-5659	Harter, Philip J.	The Role of Courts in Regulatory Negotiation – A Response to Judge Wald	2020	22	.pdf	application/pdf	9226	463	59	Specific offers, positions, or statements made dur- ing the negotiations may not be used by other parties in any other forum or as a basis for future litigaiton. The issues involve such questions as whether parties must incur extra costs, some- times including attorneys' fees, if they appeal an arbitrator's decision to a court without substantially improving their position; whether the discussions during mediation may be held confidential (see, e.g., AMERICAN BAR ASSOCIATION, SPECIAL COMMITTEE ON DISPUTE RESOLUTION, CONFIDENTIALITY IN MEDIATION (1985)); what is the appropriate use of mas- ters to help settle complicated cases (see, e.g., 8 LEGAL TIMES 2 (October 14, 1985)); in- deed, whether it is appropriate to encourage settlements at all (Schoenbrod, Limits and Dangers of Environmental Mediation: A Review Essay, 58 N.Y.U. L. REV. 1453 (1983);	cache/cjel-5659.pdf	txt/cjel-5659.txt