NCJ Number
96277
Journal
Missouri Journal of Dispute Resolution Volume: 1984 Dated: (1984) Pages: 25-44
Date Published
1984
Length
20 pages
Annotation
This article delineates the alternative settlement process for civil disputes, describes the techniques currently used by judges to facilitate settlement, discusses the perceived ethics of these techniques, and considers the circumstances under which judges typically participate in settlement.
Abstract
Settlement is defined as a negotiation process in which the plaintiff and the defendant, or their attorneys, attempt to reach an agreement. The settlement process and agreement benefit the clients by saving them money and giving them control of the case, judges benefit by saving time. Interviews with 50 attorneys and judges revealed that judges use approximately 70 techniques to facilitate alternative settlement; they target four leverage points: the interlawyer relationship, the lawyers themselves, the lawyer-client relationship, and the clients. Fifteen hundred legal practitioners nationwide were interviewed to obtain information about the techniques used by judges; results indicate that the interlawyer and lawyer-oriented techniques are used more often than those directed toward clients and their relationships with their attorneys. Furthermore, aggressive techniques are used infrequently, and some attorneys and judges reported observing and using none of the techniques. Findings of a survey of 1,000 lawyers nationwide demonstrate that the use of judicial techniques is governed partially by the ethics of the technique. Additionally, judges are apt to rely more heavily on techniques which have proven effective and which consume fewer resources than other techniques. Finally, a judge's participation in settlement is found to depend on the amount of time the case requires, case complexity, and the amount of money in controversy. Three tables and 49 references are included.