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IN RE ATLANTIC PIPE CORP.

No. 02-1339.

304 F.3d 135 (2002)

In re ATLANTIC PIPE CORPORATION, Petitioner.

United States Court of Appeals, First Circuit.

Decided September 18, 2002.

Attorney(s) appearing for the Case

Fernando J. Fornaris, with whom Cancio, Nadal, Rivera, Diaz & Berríos was on brief, for petitioner.

Jose L. Gonzalez-Castañer, with whom Gonzalez-Castañer, Morales & Guzman, Hector Saldaña Egozcue, and Saldaña, Saldaña-Egozcue & Vallecillo, PSC were on brief, for respondents United States Fidelity & Guaranty Co. and United States Surety and Indemnity Co.

Carlos A. Rodríguez Vidal, with whom Jessica Hernández Sierra and Goldman, Antonetti & Cordova, P.S.C. were on brief, for respondent Thames Water International, Ltd.

Salvador Antonetti Zequeira, with whom Luis A. Oliver-Fraticelli and Fiddler, Gonzalez & Rodriguez LLP were on brief, for respondents Thames-Dick Superaqueduct Partners and Dick Corp.

Diane K. Kanca for respondent Zurich Ins. Co.

Before BOUDIN, Chief Judge, SELYA, Circuit Judge, and GREENBERG, Senior Circuit Judge.

SELYA, Circuit Judge.

This mandamus proceeding1 requires us to resolve an issue of importance to judges and practitioners alike: Does a district court possess the authority to compel an unwilling party to participate in, and share the costs of, non-binding mediation conducted by a private mediator? We hold that a court may order mandatory mediation pursuant to an explicit statutory provision or local rule. We further hold that where, as...

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