NCJ Number
101822
Journal
University of Florida Law Review Volume: 37 Dated: (1985) Pages: 29-59
Date Published
1985
Length
31 pages
Annotation
A recent amendment to the Federal Rule of Civil Procedure, suggesting the use of extrajudicial procedures, should prove a stimulant to increased use of alternative dispute resolution (ADR) in Federal courts.
Abstract
ADR procedures may include mediation, summary jury trial, and court-annexed arbitration. A variety of ADR programs have been operating at both the Federal and State levels. While State programs have frequently been challenged, this has not been the case with Federal programs. Issues addressed in these State cases have included (1) possible infringement of the litigant's right to trial by jury, equal protection, and due process in mandatory ADR; (2) the limits of local rulemaking authority; and (3) the authority of courts to impose sanctions. To date, only one Federal ADR program has been challenged. The legality of the mandated, court-annexed arbitration procedure in this case was upheld. ADR programs are still in an experimental stage and will require further evaluation and refinement. 224 notes.