This Note proposes pretrial mediation using scientist-mediators for complex scientific disputes. Complex scientific disputes reflect the inherent tension between law and science. This tension results in dissatisfaction among judges, juries, and scientists because of the uncertainties embraced by science, but eschewed by law. Pretrial mediation would address some of these uncertainties before they are introduced into the courtroom. In short, the proposed pretrial mediation should reduce jury confusion and provide judges with guidance to assess the admissibility of scientific evidence and expert opinions by eliminating and clarifying scientific issues.
Susan E. Cowell,
Pretrial Mediation of Complex Scientific Cases: A Proposal to Reduce Jury and Judicial Confusion,
Chi.-Kent L. Rev.
Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol75/iss3/16