NCJ Number
111698
Date Published
1987
Length
100 pages
Annotation
There is widespread dissatisfaction with the civil justice system's ability to deliver compensation in an efficient, timely, equitable, and cost-effective fashion.
Abstract
The excessive transaction costs resulting from civil litigation are borne by the providers of products and services and ultimately by the consumer. As these costs increase, so do the costs of goods and services and insurance coverage. Litigation delays and complications increase transaction costs. These could be decreased by the expanded use of alternative dispute resolution strategies. Efforts are needed to encourage pretrial settlements, particularly in cases where liability issues are clear. Reforms also are needed to end discovery abuses, curtail frivolous law suits, and streamline the process for handling justifiable class action suits. Changes in the rules of evidence are needed to ensure that they are equitable to all parties, and greater clarity and consistency is needed in jury trials. Finally, computers, communications networks, and court managers can modernize the court system, improve judicial case management, relieve congested dockets, and reduce delay. The courts, the bar, litigants, and other interested parties must engage in dialog about ways to reduce the cost of litigation, improve the efficiency of court administration, and encourage voluntary efforts by plaintiffs and counsel to become problemsolvers and advocates. Appendixes provide model rules on settlement and civil procedure, suggestions for reducing trial costs and delays, and cost containment guidelines. Illustrations and chapter references.