Originally from Alternatives to the High Cost of Litigation

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The ADR vetting of U.S. Supreme Court nominee Neil M. Gorsuch doesn’t change much: The Tenth U.S. Circuit Court judge still holds the conservative ideological categorization that the broader view of his opinions inspires.

And it also doesn’t say much about how he will rule when a conflict resolution matter comes up before a case at the Supreme Court.

That’s because while Gorsuch has been part of a fair number of cases involving arbitration and mediation in his decade on the appellate bench, his treatment of topics falls along conventional lines: He’s deferential to the Federal Arbitration Act, writing that its boosting of the process is universal.

He’s even had a rare appellate take on mediation confidentiality, and comes out, characteristically, strongly in favor of it.