ADR and the Courts

ADR and the Courts

A Manual for Judges and Lawyers

1st Edition - January 1, 1987

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  • Editor: Erika S. Fine
  • eBook ISBN: 9781483161976

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ADR and the Courts: A Manual for Judges and Lawyers focuses on new methods in the judicial system. The selection first elaborates on an overview of private ADR, semi-binding forums, and court-annexed arbitration. Discussions focus on implications for the federal district courts, effectiveness, jurisdiction, objectives, court-annexed arbitration, Michigan "Mediation" or valuation, private processes, litigation management, and dispute prevention. The text then ponders on Michigan Mediation, settlement hearings, forms for summary jury trials, and mini-trials in the District Of Massachusetts. The book tackles volunteer attorney mediation in Washington, orders and other materials from the mediation program in the United States District Court for the District Of Kansas, and orders regarding early neutral evaluation. Topics include notice of selection of case for early neutral evaluation, mechanics of mediation, format of the settlement conference, evaluation of the mediation program, and case selection. The selection is a dependable reference for lawyers and judges.

Table of Contents

  • Preface 1

    Introduction 3

    Section I: Overview of Private ADR

    Overview of Private ADR

    Section II: Semi-Binding Forums


    Court-Annexed Arbitration

    Sample Arbitration Rule: Rules 601 - 611 from the U.S. District Court for the Middle District of North Carolina

    Michigan Mediation

    Mediation Rules from the U.S. District Court for the Western District of Michigan

    Section III: Settlement Strategies


    Settlement Hearings

    Summary Jury Trial: A Flexible Settlement Alternative

    The Mini-Trial in the District of Massachusetts


    Volunteer Attorney Mediation in Washington

    Mediation: A Settlement Conference Format that Works

    Section IV: Early Disposition Strategies


    Early Neutral Evaluation: An Experiment to Expedite Dispute Resolution

    Orders regarding Early Neutral Evaluation

    Abbreviating Complex Civil Cases

    Sample Pretrial Order

    Section V: Judicial Adjuncts: Special Masters and Court-Appointed Experts


    Overview: Managers, Mediators and Experts

    Special Masters and Court-Appointed Experts: A Dialogue

    Use of Masters and Magistrates in Complex Litigation

    Special Masters as Mediators

    Intensive Ad Hoc Mediation

    Settlement Masters

    Court-Appointed Experts

    Court-Appointed Experts: An Overview

    Settlement Conferences with Experts

    Section VI: Discovery Management


    Proposal for Reducing Discovery Costs

    Proposed Pretrial Order

    Neutral Discovery Managers: An Alternative for Discovery Dispute Resolution

    Admissions Practice

    Forms for Admissions Practice

    Section VII: Summary Judgment


    Rule 56: Proposals for an Underused Rule

    Facilitating Settlement through Partial Summary Judgment

    For Further Reading

Product details

  • No. of pages: 358
  • Language: English
  • Copyright: © Butterworth-Heinemann 1987
  • Published: January 1, 1987
  • Imprint: Butterworth-Heinemann
  • eBook ISBN: 9781483161976

About the Editor

Erika S. Fine

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