The rest of the Sept. 11 cases–those that went to Court–are settled via mediation

Abstract

The federal judge overseeing the litigation brought by family members of Sept. 11 victims, as well as injured survivors, has closed the book on nearly all the cases. He cited mediation efforts by New York attorney Sheila L. Birnbaum that settled 72 of the 95 outstanding matters. Birnbaum discusses her special master assignment, and the emotionpacked mediation sessions.

Mediation Research: A Current Review

“…In addition to these benefits, the disputants find that the process gives them catharsis (Bleemer 2009) and improves their relationship with the opponent (Crush 2007). Just as importantly, disputants usually view the mediation as fair (Mathews 2004), and it gives the disputants control over the process (Bailey and Robbins 2005) and a heightened motivation to solve their problem (Chen 2006).…”

“…At times, mediation is viewed as an inferior alternative because the mediator does not have the status of a judge, who would be hearing the case in the courtroom (Bleemer 2009). More disturbing is the perception that mediation is tainted because it reduces transparency and accountability to the general public (Goldfein 2006).…”

“…Many current scholars and practitioners consider mediation to be an industrial‐grade Swiss army knife — capable of accomplishing any task — and expect mediators to set their goals accordingly. That is, they expect mediators to have goals of bringing about agreement (Firestone 2009), improving the relationship between the disputants (Craig 2008), attaining social justice (Neves 2009) and social transformation (Li‐On 2009), reducing sexual discrimination (Stallworth, McPherson, and Rute 2001), allowing the disputants to blow off steam (Bleemer 2009), preventing future conflicts (Wort 2009), using efficiency/speed (Zimmer 2010), solving problems (Zwier and Guernsey 2005), forestalling future problems (Kay 2009), reducing future costs (Kloppenberg 2001), reducing violence (Mazadoorian 2009), improving communication between the disputants (Portman 2009), reducing stress (Wiseman 2008), integrating relationships (Stimmel 2002), and overseeing restitution (Umbreit, Coates, and Roberts 2000).…”