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CPR (Center for Public Resources) Legal Program Proceedings, 1984, Aspen, Colorado

NCJ Number
Date Published
109 pages
This text considers innovative alternative dispute resolution (ADR) practices, preventive practices, judicial application of ADR, and cost-effective management of discovery and litigation.
Ways that ADR can be integrated into the judicial process are considered, and the use of the summary jury trial, the hybrid process known as 'Michigan mediation,' and the minitrial is reported. The emergence of a relatively new role for the special master, that of case manager, is described, and methods for promoting effective discovery are delineated. Additionally, the proposed Early Neutral Evaluation Additionally, the proposed Early Neutral Evaluation Project for the Northern District of California, designed to determine the types of cases that benefit most from early neutral evaluation, is discussed. The judicial role in settlement is reviewed, and the possibility of reviving summary judgments is raised. A negotiation theory based on problemsolving and mutual gain is described, and the roles of inside and outside counsel with respect to ADR are identified. Further, the contributions of each in seeking to resolve disputes through ADR techniques are considered. The need for law firms to develop ADR expertise is cited, and the evaluation of cases for ADR potential is addressed. Attention focuses on the use of ADR in complex multiparty litigation, and its use in asbestos and Agent Orange cases is described. The appropriateness of ADR in insurance cases and in transnational dispute resolution is considered. Finally, examples of ADR contract clauses are reviewed, and issues that the drafter should address in preparing ADR clauses are identified.