Download ADR and the Courts. A Manual for Judges and Lawyers by Erika S. Fine PDF

By Erika S. Fine

ADR guide for Judges and attorneys.

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Thus, any cost savings due to the streamlined arbitration procedure may be passed on to defendants, who are usually billed on an hourly rate basis, but not to plaintiffs who retain lawyers on a continent fee basis. 23 Litigants' and Attorneys' Views of Arbitration When considering the adoption of court-annexed arbitration programs, some policymakers assume that litigants must benefit from the provision of a rapid, inexpensive form of dispute resolution. Others, however, are concerned that arbitration, with its abbreviated procedures and rapidly decided outcomes, will provide "second-class" justice.

The arbitrator shall schedule the actual date and time of the hearing after consultation with the clerk and the parties; and 3. establishes the place of the hearing, generally to be a lawyers' conference room or courtroom within a United States courthouse, except that the arbitrator may move the hearing to another location after consultation with the clerk and the parties. b. Copies of Court Papers. The clerk shall send to the Private Adjudication Center a complete copy of the court file for use by the Center and the arbitrator in conducting the arbitration proceedings.

5. In cases involving multiple parties, if the attorneys for either plaintiffs or defendants cannot agree among themselves on a particular mediator, then they shall propose one name from the list of mediators, and the Mediation Clerk shall select from those names provided. 6. In cases involving multiple parties or multiple claims, the court may order an alternative method of selecting mediators. Semi-Binding Forums e. 65 7. Selection or designation of all mediators for a given panel shall be completed within thirty (30) days of the order or stipulation submitting the case to mediation.

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