{"title":"特拉华州衡平法院的“仅调解”文件:美国商业法院之一能否增加新价值?","authors":"L. Strine","doi":"10.2139/SSRN.414483","DOIUrl":null,"url":null,"abstract":"This essay advocates a new role for the Delaware Court of Chancery - the handling of \"mediation only\" business cases. Mediation only cases are matters submitted to the court solely for the purpose of invoking the services of a member of the Court of Chancery as a mediator to help the parties resolve a business dispute through a mediated settlement. The judicial-mediator would have no adjudicative role in the traditional sense, but would solely act to facilitate a mutually acceptable resolution.In the essay, the author identifies the possible utility of this concept - which was recently enacted into law - and its consistency, in broad terms, with the historic role of the Delaware Court of Chancery in filling \"gaps\" in corporate instruments and commercial contracts.","PeriodicalId":47625,"journal":{"name":"Duke Law Journal","volume":"53 1","pages":"585-596"},"PeriodicalIF":1.8000,"publicationDate":"2003-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"5","resultStr":"{\"title\":\"\\\"Mediation-Only\\\" Filings in the Delaware Court of Chancery: Can New Value Be Added by One of America's Business Courts?\",\"authors\":\"L. Strine\",\"doi\":\"10.2139/SSRN.414483\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This essay advocates a new role for the Delaware Court of Chancery - the handling of \\\"mediation only\\\" business cases. Mediation only cases are matters submitted to the court solely for the purpose of invoking the services of a member of the Court of Chancery as a mediator to help the parties resolve a business dispute through a mediated settlement. The judicial-mediator would have no adjudicative role in the traditional sense, but would solely act to facilitate a mutually acceptable resolution.In the essay, the author identifies the possible utility of this concept - which was recently enacted into law - and its consistency, in broad terms, with the historic role of the Delaware Court of Chancery in filling \\\"gaps\\\" in corporate instruments and commercial contracts.\",\"PeriodicalId\":47625,\"journal\":{\"name\":\"Duke Law Journal\",\"volume\":\"53 1\",\"pages\":\"585-596\"},\"PeriodicalIF\":1.8000,\"publicationDate\":\"2003-11-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"5\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Duke Law Journal\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.2139/SSRN.414483\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Duke Law Journal","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.2139/SSRN.414483","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
"Mediation-Only" Filings in the Delaware Court of Chancery: Can New Value Be Added by One of America's Business Courts?
This essay advocates a new role for the Delaware Court of Chancery - the handling of "mediation only" business cases. Mediation only cases are matters submitted to the court solely for the purpose of invoking the services of a member of the Court of Chancery as a mediator to help the parties resolve a business dispute through a mediated settlement. The judicial-mediator would have no adjudicative role in the traditional sense, but would solely act to facilitate a mutually acceptable resolution.In the essay, the author identifies the possible utility of this concept - which was recently enacted into law - and its consistency, in broad terms, with the historic role of the Delaware Court of Chancery in filling "gaps" in corporate instruments and commercial contracts.
期刊介绍：
The first issue of what was to become the Duke Law Journal was published in March 1951 as the Duke Bar Journal. Created to provide a medium for student expression, the Duke Bar Journal consisted entirely of student-written and student-edited work until 1953, when it began publishing faculty contributions. To reflect the inclusion of faculty scholarship, the Duke Bar Journal became the Duke Law Journal in 1957. In 1969, the Journal published its inaugural Administrative Law Symposium issue, a tradition that continues today. Volume 1 of the Duke Bar Journal spanned two issues and 259 pages. In 1959, the Journal grew to four issues and 649 pages, growing again in 1970 to six issues and 1263 pages. Today, the Duke Law Journal publishes eight issues per volume. Our staff is committed to the purpose set forth in our constitution: to publish legal writing of superior quality. We seek to publish a collection of outstanding scholarship from established legal writers, up-and-coming authors, and our own student editors.
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