Nearly a decade into a court battle involving a foreign company and its alleged role in spurring civil war in a South Pacific country, the 9th U.S. Circuit Court of Appeals is suggesting mediation.

Monday’s surprising en banc order came after last month’s oral arguments in a case that stood to test the scope and reach of the 1789 Alien Tort Act. A successful mediation might allow the en banc court to avoid, for now, some of the tougher questions surrounding the law’s use in targeting corporate behavior overseas.

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