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United States First Circuit


IN RE ATL. PIPE CORP., 02-1339

A court may order mandatory mediation pursuant to statutory provision or local rule, but where no such authorization exists, a court nonetheless may order mediation through its inherent powers, when the case is an appropriate one and the order contains adequate safeguards.

Appellate Information

  • Decided 09/18/2002
  • Published 09/18/2002

Judges

  • SELYA, Circuit Judge., Before BOUDIN, Chief Judge, SELYA, Circuit Judge, and GREENBERG, Senior Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Fernando J. Fornaris, with whom Cancio, Nadal, Rivera, Diaz & Berríos was on brief, for petitioner.

  • For Appellees:
  • Jose L. Gonzalez-Castãner, with whom Gonzalez-Castañer, Morales & Guzman, Hector Saldãna Egozcue, and Saldaña, Saldaña-Egozcue & Vallecillo, PSC were on brief, for respondents United States Fidelity & Guaranty Co. and United States Surety and Indemnity Co., Carlos A. Rodríguez Vidal, with whom Jessica Hernández Sierra and Goldman, Antonetti & Cordova, P.S.C. were on brief, for respondent Thames Water International, Ltd., Salvador Antonetti Zequeira, with whom Luis A. Oliver-Fraticelli and Fiddler, Gonzalez & Rodriguez LLP were on brief, for respondents Thames-Dick Superaqueduct Partners and Dick Corp., Diane K. Kanca for respondent Zurich Ins. Co.
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