ADR and the Courts - 1st Edition - ISBN: 9780880631242, 9781483161976

ADR and the Courts

1st Edition

A Manual for Judges and Lawyers

Editors: Erika S. Fine
eBook ISBN: 9781483161976
Imprint: Butterworth-Heinemann
Published Date: 1st January 1987
Page Count: 358
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Description

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

Summary

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

Summary

Settlement Hearings

Summary Jury Trial: A Flexible Settlement Alternative

The Mini-Trial in the District of Massachusetts

Mediation

Volunteer Attorney Mediation in Washington

Mediation: A Settlement Conference Format that Works

Section IV: Early Disposition Strategies

Summary

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

Summary

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

Summary

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

Summary

Rule 56: Proposals for an Underused Rule

Facilitating Settlement through Partial Summary Judgment

For Further Reading

Details

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

About the Editor

Erika S. Fine