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"There is a growing diversity in the structure of court programs, in the types of disputes dealt with and in nature of processes that are used to resolve them... The paper points to the need for courts (and, indeed, other agencies) to develop a framework for referring matters to ADR which takes into consideration the factors and issues identified in this paper. Continuing education of judicial and court officers, and further research into the effectiveness of court ADR programs are additional priorities. The paper is a significant contribution to our thinking about when, how and in what circumstances courts decide that a matter is better dealt with by means other than judicial determination.
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.
This publication offers guidance to federal trial and bankruptcy courts on when and how to refer appropriate cases to ADR and how to manage cases referred to ADR. FJC research found that although much has been written about basic ADR concepts, little comprehensive, easily accessible advice on ADR referrals had been written from the court's perspective. The purpose of the book is not to advocate ADR use but rather to present various approaches that judges and parties may choose to follow when considering and using ADR. The book identifies areas where there may be disagreement, describing advantages and disadvantages of various approaches. The book also alerts readers to emerging trends or what are perceived by many as preferred approaches. The publication's ten chapters have titles including "Considering the Use of ADR: How and When"; "Selecting Cases Appropriate for ADR"; and "Matching the ADR Process to the Case." Other topics covered are neutral selection and compensation; party consent; client attendance; party participation; confidentiality; referral orders and case management issues.
...Summarizes the current and pending policies of the Supreme Judicial Court and the Trial Court with respect to alternative dispute resolution (ADR); describes the trial court's current ADR programs and their impact and reports the key findings of studies evaluating court-connected ADR in Massachusetts and elsewhere; appendices include lists of ADR programs in Superior and District Court, summaries of research on the impact of ADR and articles regarding the use of ADR by the legal profession and business...