NCJ Number
101744
Journal
University of Florida Law Review Volume: 37 Issue: 1 Dated: (Winter 1985) Pages: 29-59
Date Published
1985
Length
31 pages
Annotation
This article describes alternative dispute resolution (ADR) programs currently used in Federal courts; reports on their achievements; and explores their legal bases, as well as the legal foundation for associated fines and fees imposed by judges.
Abstract
ADR programs used in Federal courts include court-annexed arbitration, court-referred mediation, and summary jury trials. Most attorneys and litigants view arbitration results as fair and reasonable, but arbitration's effect on litigant costs must be determined in future studies. Mediation provides for a flexible approach to dispute settlement, and litigants and attorneys view it favorably, particularly when conducted by judges. Attorneys and litigants favor the summary jury trial as a means of precipitating out-of-court settlements. The ADR programs in Federal courts do not infringe upon disputants' rights to trial by jury, equal protection, or due process. Typically, local rules compelling litigants to use an ADR mechanism also authorize the imposition of sanctions for failure to pursue such mechanisms. Courts have ruled that such sanctions are appropriate under specified conditions. 224 footnotes.