It is the aim of this article to propose a novel system of dispute resolution for disputes which turn on interpretations of complex but uncertain scientific evidence. Part II identifies a specific subset of legal disputes that can only be resolved through policy judgments from ambiguous scientific data. Recognizing the underlying commonalities of these science-policy disputes offers an opportunity to craft a single dispute resolution mechanism which may be utilized for a wide variety of disputes. Part III outlines the benefits of using a mediation-based dispute settlement mechanism, as opposed to the traditional adversary-style litigation system, for these specific types of disputes. Part IV proposes a model mediation system for disputes turning on policy-based interpretations of complex scientific information. Part V concludes by applying the model to a fictional products liability dispute which involves conflicting scientific determinations from technically complex data.
Erik S. Knutsen,
Science-Policy Disputes: Resolution through Data Mediation,
2001 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2001/iss2/3