Alternatives to Big Case Litigation - The Transferability of Dispute Resolution Techniques (From Ethical Issues in Dispute Resolution, P 71-90, 1984, Charlotte Gold, ed. - See NCJ-97691)

• NCJ Number: 97695
• Author(s): E B Hoffman; P Hilsinger; J H Martin
• Date Published: 1984
• Length: 15 pages
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

This panel discussion summary considers (1) whether big cases can be transferred to the alternative dispute resolution, (ADR) and (2) whether mediation and arbitration skills can be transferred from other fields to the civil litigation area.

Abstract

The transferability of big cases to an ADR system is affirmed, but the need for better trained lawyers, conciliators, and mediators is cited. Alternative dispute resolution tools consistent with big case litigation are discussed from a 'design' perspective. Ways to tailor the tool used to achieve the solution, such as the selection of a minitrial over a more expensive procedure, are identified. The Center for Auto Safety's policy of taking complaints through mediation or arbitration is discussed; the use of arbitrators who 'circuit ride' is criticized. It is mentioned that consumers may not get a fair shake if big cases are transferred to alternate dispute resolution programs. Conference programs in U.S. district courts and courts of appeal are described. An examination of the Pre-Argument Conference Program (PAC) notes that settlement efforts are emphasized and that civil cases are subject to the program. The use of mediations to extend and improve the bargaining process is highlighted. Finally, the role of mediators, particularly in improving lines of communication, is explored.