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WASHINGTON, D.C. -- Having failed to come to a settlement on their own, Microsoft and the U.S. Department of Justice have asked that a mutually agreed upon mediator be appointed by the U.S. District Court to facilitate negotiations. Eric Green, a professor at Boston University's School of Law, was ordered to serve as facilitator/mediator by Judge Colleen Kollar-Kotelly.

A member of Boston University's School of Law faculty since 1977, Green has focused much of his career on alternative dispute resolution, or finding ways to settle cases out of court. He founded two Boston-based firms, JAMS/Endispute and Resolutions, that specialize in that branch of the law, according to his profile on Boston University's Web site.

On September 27 the judge met with both sides of the antitrust case and urged them to work toward a settlement by November 2. She gave Microsoft and the DOJ until October 12 to develop a settlement plan on their own; failing that, the judge said a mediator would be appointed, either of the parties' choosing or by the court. Last Friday, the judge approved the parties' choice, and again stressed the importance of coming to agreement.

Settlement a Challenge

"Based upon the parties' representations, the Court is satisfied, at this point, that the parties have been diligent in their efforts to comply with the Court's previous Order," Kollar-Kotelly said in her October 12 order. "However, as the importance of these negotiations cannot be overemphasized, the Court urges the parties to remain steadfast in their efforts to reach a mutually agreeable resolution."

Yet one attorney following the antitrust case said he's not optimistic that a settlement will be reached by the court's deadline.

"It's true, [Green] has experience in coming up with unique methods of dispute resolution," said Bob Schneider, an attorney with Chapman and Cutler in Chicago. "The downside here is that he's not an expert in the operating system software business, and so he won't bring that kind of expertise to the table. That's where the logjam is right now, in terms of what the government wants and what conduct they want to stop Microsoft from."

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