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Scholars and practitioners alike have proclaimed mandatory mediation a triumph in the pursuit of a more efficient and cost- effective dispute resolution system. In its most potent form, advocates claim that mandatory mediation will remedy the flaws of delay, formality, and dissatisfaction which pervade the current civil justice system. In an age where the adversarial model is falling into disrepute, mandatory mediation holds the promise of earlier settlements in a context focused on party empowerment. The potential success of this practice has become so consumed by popular thought that few have paused to consider the myriad of issues embedded in the oxymoron of 'mandatory mediation'. One fundamental concern with coercing a party into mediation is that certain types of disputes are not reconcilable within this forum. Litigants involved in intellectual property disputes, for example, are susceptible to unnecessary delay, denial of due process, and substantial power imbalances when subjected to...

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