“Judicial Mediator Serving As Deciding Judge In Same Case: An Overreach? (McAdams v. Robinson)”

Donald Swanson of Koley Jessen has this article in Lexology, discussing the Fourth Circuit’s opinion in PIA McAdams v. Robinson. Attorney Swanson addresses the problems inherent in imposing dual roles of “judicial mediator and decider” in a bankruptcy matter where a judge, designated as mediator, thereafter addresses the imposition of the settlement on the parties (including a class member who objected to the mediation).

In my universe as an arbitrator and mediator, the issue arises when parties sometimes seek to have one neutral serve in both capacities, something that rarely is appropriate.

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