In re Atlantic Pipe Corp.
United States Court of Appeals for the First Circuit
304 F.3d 135 (2002)
After a burst pipe caused significant damage in a Puerto Rico aqueduct project, sprawling litigation involving numerous cross-claims, counterclaims, and third-party complaints developed among Thames-Dick (defendant), its subcontractor Atlantic Pipe Corp. (APC) (third-party plaintiff), and other parties; the district court, at Thames-Dick's request, ordered every party, including the objecting APC, to participate in non-binding mediation before a designated mediator. APC argued the court lacked authority to compel a non-consenting party into mediation, and appealed after the district court denied its objection.
Whether a court may order a non-consenting party to participate in mediation without express authority grounded in a local rule, statute, or the Federal Rules of Civil Procedure.