informal ADR setting? And even if the injured party’s monetary needs are met, will society as a whole be well served by an essentially private proceeding? Doesn’t society as a whole benefit from a public trial and a large headline-grabbing judgment when it comes to getting a car manufacturer to put the wheels on better?
I think that for all their genuine virtues, mediation and probably most other ADR techniques are not well-suited to handling disputes between consumers and powerful business interests. The danger is that ADR may soon be unfairly discredited if it is oversold as a solution to the current tort law crisis. I would hate to see this happen because for many other disputes, mediation
