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Good Faith Mediation: Improving Efficiency, Costs, And Satisfaction In North Carolina's Pre-Trial Process, Tony Biller

Campbell Law Review

The issue this comment addresses is whether a court, in compelling parties to mediate, should also require the parties to act honestly and reasonably in attempting to resolve their disputes. Creating and enforcing a duty of good faith in mediation conferences would decrease costs and improve the efficiency of litigation. The purpose of this comment is to promote a duty of good faith in civil cases directed to mediated settlement conferences in North Carolina superior courts. This comment discusses the foundation for the duty and suggests a procedure for enforcement.